Professional Documents
Culture Documents
Rule 6 - 39
Rule 6 - 39
[Rules 6 to 39]
RULE 6
KINDS OF PLEADINGS
Section 1. Pleadings defined.
Pleadings are the written statements of the respective claims and defenses of the parties submitted to the
court for appropriate judgment.
Sec. 2. Pleadings allowed.
The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.) party
complaint, or complaint-in-intervention.
The defenses of a party are alleged in the answer to the pleading asserting a claim against him.
An answer may be responded to by a reply.
Sec. 3. Complaint.
The complaint is the pleading alleging the plaintiff's cause or causes of action. The names and residences of
the plaintiff and defendant must be stated in the complaint.
Sec. 4. Answer.
An answer is a pleading in which a defending party sets forth his defenses.
Sec. 5. Defenses.
Defenses may either be negative or affirmative.
(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his cause or causes of action.
(b) An affirmative defense is an allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. The
affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds,
estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and
avoidance.
Sec. 6. Counterclaim.
A counterclaim is any claim which a defending party may have against an opposing party.
Sec. 7. Compulsory counterclaim.
A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or
is connected with the transaction or occurrence constituting 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. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the
nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be
considered compulsory regardless of the amount.
Sec. 8. Cross-claim.
A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is
the subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a
claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a
claim asserted in the action against the cross-claimant.
Sec. 9. Counter-counterclaims and counter-cross-claims.
A counterclaim may be asserted against an original counter-claimant.
A cross-claim may also be filed against an original cross-claimant.
Sec. 10. Reply.
A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new
matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a
party does not file such reply, all the new matters alleged in the answer are deemed controverted.
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be
set forth in an amended or supplemental complaint.
Sec. 11. Third, (fourth, etc.) party complaint.
A third (fourth, etc.) party complaint is a claim that a defending party may, with leave of court, file against a
person not a party to the action, called the third (fourth, etc.) party defendant, for contribution, indemnity,
subrogation or any other relief, in respect of his opponent's claim.
Sec. 12. Bringing new parties.
When the presence of parties other than those to the original action is required for the granting of complete
relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as
defendants, if jurisdiction over them can be obtained.
Sec. 13. Answer to third (fourth, etc.) party complaint.
A third (fourth, etc.) party defendant may allege in his answer his defenses, counterclaims or cross-claims,
including such defenses that the third (fourth, etc.) party plaintiff may have against the original plaintiff's
claim. In proper cases, he may also assert a counterclaim against the original plaintiff in respect of the
latter's claim against the third-party plaintiff.
RULE 7
PARTS OF A PLEADING
Section 1. Caption.
The caption sets forth the name of the court, the title of the action, and the docket number if assigned.
The title of the action indicates the names of the parties. They shall all be named in the original complaint or
petition; but in subsequent 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.
Their respective participation in the case shall be indicated.
Sec. 2. The body.
The body of the pleading sets forth its designation, the allegations of the party's claims or defenses, the
relief prayed for, and the date of the pleading.
(a) Paragraphs. - The allegations in the body of a 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 its number in all succeeding pleadings.
(b) Headings. - When two or more causes of action are joined, the statement of the first shall be prefaced by
the words "first cause of action," of the second by "second cause of action," and so on for the others.
When one or more paragraphs in the answer are addressed to one of several causes of action in the
complaint, they shall be prefaced by the words "answer to the first cause of action" or "answer to the second
cause of action" and so on; and when one or more paragraphs of the answer are addressed to several causes
of action, they shall be prefaced by words to that effect.
(c) Relief. - The pleading 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.
(d) Date. - Every pleading shall be dated.
Sec. 3. Signature and address.
Every pleading must be signed by the party or counsel representing him, stating in either case his address
which should not be a post office box.
The signature of counsel 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.
An unsigned pleading produces no legal effect. However, the court may, in its discretion, allow such
deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for
delay. Counsel who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or
alleges scandalous or indecent matter therein, or fails to promptly report to the court a change of his address,
shall be subject to appropriate disciplinary action.
Sec. 4. Verification.
Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or
accompanied by affidavit.
A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein
are true and correct of his knowledge and belief.
A pleading required to be verified which contains a verification based on "information and belief," or upon
"knowledge, information and belief," or lacks a proper verification, shall be treated as an unsigned pleading.
Sec. 5. Certification against forum shopping.
The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting
a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he
has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal
or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c)
if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall
report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory
pleading has been filed.
Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint
or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless
otherwise provided, upon motion and after hearing. The submission of a false certification or non-
compliance with any of the undertakings therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel
clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal
with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.
RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Section 1. In general.
Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the
ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the
statement of mere evidentiary facts.
If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall be
clearly and concisely stated.
Sec. 2. Alternative causes of action or defenses.
A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in
one cause of action or defense or in separate causes of action or defenses. When two or more statements are
made in the alternative and one of them if made independently would be sufficient, the pleading is not made
insufficient by the insufficiency of one or more of the alternative statements.
Sec. 3. Conditions precedent.
In any pleading a general averment of the performance or occurrence of all conditions precedent shall be
sufficient.
Sec. 4. Capacity.
Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a
representative capacity or the legal existence of an organized association of persons that is made a party,
must be averred. A party desiring to raise an issue as to the legal existence of any party or the capacity of
any party to sue or be sued in a representative capacity, shall do so by specific denial, which shall include
such supporting particulars as are peculiarly within the pleader's knowledge.
Sec. 5. Fraud, mistake, condition of the mind.
In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with
particularity. Malice, intent, knowledge or other condition of the mind of a person may be averred generally.
Sec. 6. Judgment.
In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a
board or officer, it is sufficient to avert the judgment or decision without setting forth matter showing
jurisdiction to render it.
Sec. 7. Action or defense based on document.
Whenever an action or defense is based upon a written instrument or document, the substance of such
instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached
to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with like
effect be set forth in the pleading.
Sec. 8. How to contest such documents.
When an action or defense is founded upon a written instrument, copied in or attached to the corresponding
pleading as provided in the preceding section, the genuineness and due execution of the instrument shall be
deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he
claims to be the facts; but the requirement of an oath 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.
Sec. 9. Official document or act.
In pleading an official document or official act, it is sufficient to aver that the document was issued or the
act done in compliance with law.
Sec. 10. Specific denial.
A defendant must specify each material allegation of fact the truth of which he does not admit and,
whenever practicable, shall set forth the substance of the matters upon which he relies to support his denial.
Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and
material and shall deny only the remainder. Where a 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.
Sec. 11. Allegations not specifically denied deemed admitted.
Material averment in the complaint, other than those as to the amount of unliquidated damages, shall be
deemed admitted when not specifically denied. Allegations of usury in a complaint to recover usurious
interest are deemed admitted if not denied under oath.
Sec. 12. Striking out of pleading or matter contained therein.
Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by
these Rules, upon motion made by a party within twenty (20) days after the service of the pleading upon
him, or upon the court's own initiative at any time, the court may order any pleading to be stricken out or
that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom.
RULE 9
EFFECT OF FAILURE TO PLEAD
Section 1. Defenses and objections not pleaded.
Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived.
However, when it appears from the pleadings or the evidence on record that the court has no jurisdiction
over the subject matter, that there is another action pending between the same parties for the same cause, or
that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim.
Sec. 2. Compulsory counterclaim, or cross-claim, not set up barred.
A compulsory counterclaim, or a cross-claim, not set up shall be barred.
Sec. 3. Default; declaration of.
If the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the
claiming party with notice to the defending party, and proof of such failure, declare the defending party in
default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his
pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. Such
reception of evidence may be delegated to the clerk of court.
(a) Effect of order of default. - A party in default shall be entitled to notice of subsequent proceedings but
not to take part in the trial.
(b) Relief from order of default. - A party declared in default may at any time after notice thereof and before
judgment file a motion under oath to set aside the order of default upon proper showing that his failure to
answer was due to fraud, accident, mistake or excusable negligence and that he has a meritorious defense. In
such case, the order of default may be set aside on such terms and conditions as the judge may impose in the
interest of justice.
(c) Effect of partial default. - When a pleading asserting a claim states a common cause of action against
several defending parties, some of whom answer and the others fail to do so, the court shall try the case
against all upon the answers thus filed and render judgment upon the evidence presented.
(d) Extent of relief to be awarded. - A judgment rendered against a party in default shall not exceed the
amount or be different in kind from that prayed for nor award unliquidated damages.
(e) Where no defaults allowed. - If the defending party in an action for annulment or declaration of nullity of
marriage or for legal separation fails to answer, the court shall order the prosecuting attorney to investigate
whether or not a collusion between the parties exists, and if there is no collusion, to intervene for the State in
order to see to it that the evidence submitted is not fabricated.
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS
Section 1. Amendments in general.
Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting
a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect,
so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and
in the most expeditious and inexpensive manner.
Sec. 2. Amendments as a matter of right.
A party may amend his pleading once as a matter of right at any time before a responsive pleading is served
or, in the case of a reply, at any time within ten (l0) days after it is served.
Sec. 3. Amendments by leave of court.
Except as provided in the next preceding section, substantial amendments may be made only upon leave of
court. But such leave may be refused if it appears to the court that the motion was made with intent to delay.
Orders of the court upon the matters provided in this section shall be made upon motion filed in court, and
after notice to the adverse party, and an opportunity to be heard.
Sec. 4. Formal amendments.
A defect in the designation of the parties and other clearly clerical or typographical errors may be
summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no
prejudice is caused thereby to the adverse party.
(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 may be granted
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.
Sec. 3. By whom served.
The summons may be served by the sheriff, his deputy, or other proper court officer, or for justifiable
reasons by any suitable person authorized by the court issuing the summons.
Sec. 4. Return.
When the service has been completed, the server shall, within five (5) days therefrom, serve a copy of the
return, personally or by registered mail, to the plaintiff's counsel, and shall return the summons to the clerk
who issued it, accompanied by proof of service.
Sec. 5. Issuance of alias summons.
If a summons is returned without being served on any or all of the defendants, the server shall also serve a
copy of the return on the plaintiff's counsel, stating the reasons for the failure of service, within five (5) days
therefrom. In such a case, or if the summons has been lost, the clerk, on demand of the plaintiff, may issue
an alias summons.
Sec. 6. Service in person on defendant.
Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person,
or, if he refuses to receive and sign for it, by tendering it to him.
Sec. 7. Substituted service.
If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the
preceding section, service may be effected (a) by leaving copies of the summons at the defendant's residence
with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at
defendant's office or regular place of business with some competent person in charge thereof.
Sec. 8. Service upon entity without juridical personality.
When persons associated in an entity without juridical personality are sued under the name by which they
are generally or commonly known, 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 such name. But such
service shall not bind individually any person whose connection with the entity has, upon due notice, been
severed before the action was brought.
Sec. 9. Service upon prisoners.
When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him by the
officer having the management of such jail or institution who is deemed deputized as a special sheriff for
said purpose.
Sec. 10. Service upon minors and incompetents.
When the defendant is a minor, insane or otherwise an incompetent, service shall be made upon him
personally and on his legal guardian if he has one, or if none, upon his guardian ad litem whose appointment
shall be applied for by the plaintiff. In the case of a minor, service may also be made on his father or
mother.
Sec. 11. Service upon domestic private juridical entity.
When the defendant is a corporation, partnership or association organized under the laws of the Philippines
with a juridical personality, service may be made on the president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel.
Sec. 12. Service upon foreign private juridical entity.
When the defendant is a foreign private juridical entity which has transacted 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.
Sec. 13. Service upon public corporations.
When the defendant is the Republic of the Philippines, service may be effected on the Solicitor General; in
case of a province, city or municipality, or like public corporations, service may be effected on its executive
head, or on such other officer or officers as the law or the court may direct.
Sec. 14. Service upon defendant whose identity or whereabouts are unknown.
In any action where the defendant is designated as an unknown owner, or the like, or whenever his
whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be
effected upon him by publication in a newspaper of general circulation and in such places and for such time
as the court may order.
Sec. 15. Extraterritorial service.
When the defendant does not reside and is not found in the Philippines, and the action affects the personal
status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the
defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists,
wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has
been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by
personal service as under section 6; or by publication in a newspaper of general circulation in such places
and for such time as the court may order, in which case a copy of the summons and order of the court shall
be sent by registered mail to the last known address of the defendant, or in any other manner the court may
deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than
sixty (60) days after notice, within which the defendant must answer.
Sec. 3. Contents.
A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required
by these Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits
and other papers.
(a) That the court has no jurisdiction over the person of the defending party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties for the same cause;
(f) That the cause of action is barred by a prior judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or
otherwise extinguished;
(i) That the claim on which the action is founded is unenforceable under the provisions of the statute of
frauds; and
(j) That a condition precedent for filing the claim has not been complied with.
(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
(d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary
proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a commissioner;
(g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action
should a valid ground therefor be found to exist;
(h) The advisability or necessity of suspending the proceedings; and
(i) Such other matters as may aid in the prompt disposition of the action.
(a) A statement of their willingness to enter into amicable settlement or alternative modes of dispute
resolution, indicating the desired terms thereof;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The issues to be tried or resolved;
(d) The documents or exhibits to be presented, stating the purpose thereof;
(e) A manifestation of their having availed or their intention to avail themselves of discovery procedures or
referral to commissioners; and
(f) The number and names of the witnesses, and the substance of their respective testimonies.
Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.
Sec. 3. Pleadings-in-intervention.
The intervenor shall file a complaint-in-intervention if he asserts a claim against either or all of the original
parties, or an answer-in-intervention if he unites with the defending party in resisting a claim against the
latter.
SUBPOENA
Sec. 6. Service.
Service of a subpoena shall be made in the same manner as personal or substituted service of summons. The
original shall be exhibited and a copy thereof delivered to the person on whom it is served, tendering to him
the fees for one day’s attendance and the kilometrage allowed by these Rules, except that, when a subpoena
is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof, the tender need
not be made. The service must be made so as to allow the witness a reasonable time for preparation and
travel to the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing the books,
documents or things demanded shall also be tendered.
Sec. 9. Contempt.
Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a
contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court, the
disobedience thereto shall be punished in accordance with the applicable law or Rule.
(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 anyone 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 resides at a distance more than one hundred
(100) 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; and
(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.
Sec. 10. Persons before whom depositions may be taken within the Philippines.
Within the Philippines, depositions may be taken before any judge, notary public, or the person referred to
in section 14 hereof.
Sec. 11. Persons before whom depositions may be taken in foreign countries.
In a foreign state or country, depositions may 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; (b) before
such person or officer as may be appointed by commission or under letters rogatory; or (c) the person
referred to in section 14 hereof.
Sec. 15. Deposition upon oral examination; 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.
Sec. 4. Withdrawal.
The court may allow the party making an admission under this Rule, whether express or implied, to
withdraw or amend it upon such terms as may be just.
RULE 28
PHYSICAL AND MENTAL EXAMINATION OF PERSONS
Section 1. When examination may be ordered.
In an action in which the mental or physical condition of a party is in controversy, the court in which the
action is pending may in its discretion order him to submit to a physical or mental examination by a
physician.
(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; and
(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.
Sec. 4. Expenses on refusal to admit.
If a party after being served with a request under Rule 26 to admit the genuineness of any document or the
truth of any matter of fact, serves a sworn denial thereof and if the party requesting the admissions thereafter
proves the genuineness of such document or the truth of any such matter of fact, he may apply to the court
for an order requiring the other party to pay him the reasonable expenses incurred in making such proof,
including attorney’s fees. Unless the court finds that there were good reasons for the denial or that
admissions sought were of no substantial importance, such order shall be issued.
RULE 32
TRIAL BY COMMISSIONER
Section 1. Reference by consent.
By written consent of both parties, 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.
(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;
(c) When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of
a case, or for carrying a judgment or order into effect.
Sec. 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 it would if held
before the court.
RULE 34
JUDGMENT ON THE PLEADINGS
Section 1. Judgment on the pleadings.
Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s
pleading, the court may, on motion of that party, direct judgment on such pleading. However, in actions for
declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in the
complaint shall always be proved.
RULE 35
SUMMARY JUDGMENTS
Section 1. Summary judgment for claimant.
A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may,
at any time after the pleading in answer thereto has been served, move with supporting affidavits,
depositions or admissions for a summary judgment in his favor upon all or any part thereof.
(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; or
(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.
Within the same period, the aggrieved party may also move for reconsideration upon the grounds that the
damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that
the decision or final order is contrary to law.
Sec. 2. Contents of motion for new trial or reconsideration and notice thereof.
The motion shall be made in writing stating the ground or grounds therefor, a written notice of which shall
be served by the movant on the adverse party.
A motion for new trial shall be proved in the manner provided for proof of motions. A motion for the cause
mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits which may be
rebutted by affidavits. A motion for the cause mentioned in paragraph (b) shall be supported by affidavits of
the witnesses by whom such evidence is expected to be given, or by duly authenticated documents which
are proposed to be introduced in evidence.
A motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final
order 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.
A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal.
Sec. 9. Remedy against order denying a motion for new trial or reconsideration.
An order denying a motion for new trial or reconsideration is not appealable, the remedy being an appeal
from the judgment or final order.
RULE 38
RELIEF FROM JUDGMENTS, ORDERS,
OR OTHER PROCEEDINGS
Section 1. Petition for relief from judgment, order, or other proceedings.
When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any
court through fraud, accident, mistake, or excusable negligence, he may file a petition in such court and in
the same case praying that the judgment, order or proceeding be set aside.
(a) In case of the death of the judgment obligee, upon the application of his executor or administrator, or
successor in interest;
(b) In case of the death of the judgment obligor, 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 the lien
thereon;
(c) In case of the death of the judgment obligor, after execution is actually levied upon any of his property,
the same may be sold for the satisfaction of the judgment obligation, and the officer making the sale shall
account to the corrsponding executor or administrator for any surplus in his hands.
Sec. 8. Issuance, form and contents of a writ of execution.
The writ of execution shall: (1) issue in the name of the Republic of the Philippines from the court which
granted the motion; (2) state the name of the court, the case number and title, the dispositive part of the
subject judgment or order; and (3) require the sheriff or other proper officer to whom it is directed to
enforce the writ according to its terms, in the manner herein after provided:
(a) If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest,
out of the real or personal property of such judgment obligor;
(b) If it be against real or personal property in the jands of personal representatives, heirs, devisees, legatees,
tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest, out of such properties;
(c) If it be for the sale of real or personal property, to sell such property, describing it, and apply the
proceeds in conformity with the judgment, the material parts of which shall be recited in the writ of
execution;
(d) If it be for the delivery of the possession of real or personal property, to deliver the possession of the
same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits covered
by the judgment out of the personal property of the person against whom it was rendered, and if sufficient
personal property cannot be found, then out of the real property; and
(e) In all cases, the writ of execution shall specifically state the amount of the interest, costs, damages, rents,
or profits due as of the date of the issuance of the writ, aside from the principal obligation under the
judgment. For this purpose, the motion for execution shall specify the amounts of the foregoing reliefs
sought by the movant.
(a) In case of perishable property, by posting written notice of the time and place of the sale in three (3)
public places, preferably in conspicuous areas of the municipal or city hall, post office and public market 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 the three (3) public places above-
mentioned for not less than five (5) days;
(c) In case of real property, by posting for twenty (20) days in the three (3) public places above-mentioned a
similar notice particularly describing the property and stating where the property is to be sold, and if the
assessed value of the property exceeds fifty thousand (P50,000.00) pesos, by publishing a copy of the notice
once a week for two (2) consecutive weeks in one newspaper selected by raffle, whether in English,
Filipino, or any major regional language published, edited and circulated or, in the absence thereof, having
general circulation in the province or city;
(d) In all cases, written notice of the sale shall be given to the judgment obligor, at least three (3) days
before the sale, except as provided in paragraph (a) hereof where notice shall be given at any time before the
sale, in the same manner as personal service of pleadings and other papers as provided by Section 6 of Rule
13.
The notice shall specify the place, date and exact time of the sale which should not be earlier than nine
o’clock in the morning and not later than two o’clock in the afternoon. The place of the sale may be agreed
upon by the parties. In the absence of such agreement, the sale of real property or personal property not
capable of manual delivery shall be held in the office of the clerk of court of the Regional Trial Court or the
Municipal Trial Court which issued the writ or which was designated by the appellate court. In the case of
personal property capable of manual delivery, the sale shall be held in the place where the property is
located.
Sec. 17. Penalty for selling without notice, or removing or defacing notice.
An officer selling without the notice prescribed by section 15 of this Rule shall be liable to pay punitive
damages in the amount of five thousand (P5,000.00) pesos to any person injured thereby, in addition to his
actual damages, both to be recovered by motion in the same 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 be liable to pay five thousand (P5,000.000) pesos to any person injured by reason
thereof, in addition to his actual damages, to be recovered by motion in the same action.
Sec. 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, to start at the
exact time fixed in the notice. After sufficient property has been sold to satisfy the execution, no more shall
be sold and any excess property or proceeds of the sale shall be promptly delivered to the judgment obligor
or his authorized representative, unless otherwise directed by the judgment or order of the court. 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 same and in
such parcels as are likely to bring the highest price. The judgment obligor, 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 conducting the execution sale,
nor his deputies, can become a purchaser, nor be interested directly or indirectly in any purchase at such
sale.
Sec. 24. 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 price, the
officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate
conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the
levy on execution or preliminary attachment.
Sec. 25. Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds.
Upon a sale of real property, the officer must give to the purchaser a certificate of sale containing:
(a) The judgment obligor, or his successor in interest in the whole or any part of the property;
(b) A creditor having a lien by virtue of an attachment, judgment or mortgage on the property sold, or on
some part thereof, subsequent to the lien under which the property was sold. Such redeeming creditor is
termed a redemptioner.
Sec. 28. Time and manner of, and amounts payable on, successive redemptions; notice to be given and
filed.
The judgment obligor, or redemptioner, may redeem the property from the purchaser, at any time within one
(1) year from the date of the registration of the certificate of sale, by 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.
Property so redeemed may again be redeemed within sixty (60) days after the last redemption upon payment
of the sum paid on the last redemption, with two per centum thereon in addition, and the amount of any
assessments or taxes which the last redemptioner may have paid thereon after redemption by him, with
interest on such last-named amount, and in addition, the amount of any liens held by said last redemptioner
prior to his own, with interest. The property may be again, and as often as a redemptioner is so disposed,
redeemed from any previous redemptioner within sixty (60) days after the last redemption, on paying the
sum paid on the last previous redemption, with two per centum thereon in addition, and the amounts of any
assessments or taxes which the last previous redemptioner paid after the redemption thereon, with interest
thereon, and the amount of any liens held by the last redemptioner prior to his own, with interest.
Written notice of any redemption must be given to the officer who made the sale and a duplicate filed with
the registry of deeds of the place, 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 registry of deeds; if such notice be not filed, the property
may be redeemed without paying such assessments, taxes, or liens.
Sec. 29. Effect of redemption by judgment obligor, and a certificate to be delivered and recorded thereupon;
to whom payments on redemption made.
If the judgment obligor redeems, he must make the same payments as are required to effect a redemption by
a redemptioner, whereupon, no further redemption shall be allowed and he is restored to his estate. The
person to whom the redemption payment is made must execute and deliver to him a certificate of
redemption acknowledged 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 registry of deeds of the
place in which the property is situated, and the registrar of deeds must note the record thereof on the margin
of the record of the certificate of sale. The payments mentioned in this and the last preceding sections may
be made to the purchaser or redemptioner, or for him to the officer who made the sale.
Sec. 33. Deed and possession to be given at expiration of redemption period; by whom executed or given.
If no redemption be made within one (1) year from the date of the registration of the certificate of sale, the
purchaser is entitled to a conveyance and possession of the property; or, if so redeemed whenever sixty (60)
days have elapsed and no other redemption has been made, and notice thereof given, and the time for
redemption has expired, the last redemptioner is entitled to the conveyance and possession; but in all cases
the judgment obligor shall have the entire period of one (1) year from the date of the registration 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.
Upon the expiration of the right of redemption, the purchaser or redemptioner shall be substituted to and
acquire all the rights, title, interest and claim of the judgment obligor to the property as of the time of the
levy. The possession of the property shall be given to the purchaser or last redemptioner by the same officer
unless a third party is actually holding the property adversely to the judgment obligor.
Sec. 40. Order for application of property and income to satisfaction of judgment.
The court may order any property of the judgment obligor, or money due him, not exempt from execution,
in the hands of either himself or another person, or of a corporation or other juridical entity, to be applied to
the satisfaction of the judgment, subject to any prior rights over such property.
If, upon investigation of his current income and expenses, it appears that the earnings of the judgment
obligor for his personal services are more than necessary for the support of his family, the court may order
that he pay the judgment in fixed monthly installments, and upon his failure to pay any such installment
when due without good excuse, may punish him for indirect contempt.
Sec. 43. 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 obligor or to be indebted
to him, claims an interest in the property adverse to him or denies the debt, the court may authorize, by an
order made to that effect, the judgment obligee 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 within one
hundred twenty (120) days from notice of the order, and may punish disobedience of such order as for
contempt. Such order may be modified or vacated at any time by the court which issued it, or by the court in
which the action is brought, upon such terms as may be just.
Sec. 44. Entry of satisfaction of judgment by clerk of court.
Satisfaction of a judgment shall be entered by the clerk of court in the court docket, and in the execution
book, upon the return of a writ of execution showing the full satisfaction of the judgment, or upon the filing
of an admission to the satisfaction of the judgment executed and acknowledged in the same manner as a
conveyance of real property by the judgment obligee or by his counsel unless a revocation of his authority is
filed, or upon the endorsement of such admission by the judgment obligee or his counsel on the face of the
record of the judgment.
(a) In case of a judgment or final order against a specific thing, or in respect to the probate of a will, or the
administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or
status of a particular person or his relationship to another, the judgment or final order is conclusive upon the
title to the thing, the will or administration, or the condition, status or relationship of the person; however,
the probate of a will or granting of letters of administration shall only be prima facie evidence of the death
of the testator or intestate;
(b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any
other matter that could have been raised in relation thereto, conclusive between the parties and their
successors in interest by title subsequent to the commencement of the action or special proceeding, litigating
for the same thing and under the same title and in the same capacity; and
(c) In any other litigation between the same parties or their successors in interest, that only is deemed to
have been adjudged in a former judgment or final order which appears upon its face to have been so
adjudged, or which was actually and necessarily included therein or necessary thereto.
Sec. 48. Effect of foreign judgments or final orders.
The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the
judgment or final order is as follows:
(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon
the title to the thing; and
(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence
of a right as between the parties and their successors in interest by a subsequent title.
In either case, the judgment or final order 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.