REMEDIAL LAW

RULE 16 Section 3. Resolution of Motion. — After the hearing,

the court may dismiss the action or claim, deny the
Motion to Dismiss motion, or order the amendment of the pleading.

Section 1. Grounds. — Within the time for but before The court shall not defer the resolution of the motion
filing the answer to the complaint or pleading for the reason that the ground relied upon is not
asserting a claim, a motion to dismiss may be made indubitable.
on any of the following grounds:
In every case, the resolution shall state clearly and
(a) That the court has no jurisdiction over the distinctly the reasons therefor. (3a)
person of the defending party;
Section 4. Time to plead. — If the motion is denied,
(b) That the court has no jurisdiction over the the movant shall file his answer within the balance of
subject matter of the claim; the period prescribed by Rule 11 to which he was
entitled at the time of serving his motion, but not less
(c) That venue is improperly laid; than five (5) days in any event, computed from his
receipt of the notice of the denial. If the pleading is
(d) That the plaintiff has no legal capacity to ordered to be amended, he shall file his answer
sue; within the period prescribed by Rule 11 counted
from service of the amended pleading, unless the
(e) That there is another action pending court provides a longer period. (4a)
between the same parties for the same cause;
Section 5. Effect of dismissal. — Subject to the right of
(f) That the cause of action is barred by a appeal, an order granting a motion to dismiss based
prior judgment or by the statute of on paragraphs (f), (h) and (i) of section 1 hereof shall
limitations; bar the refiling of the same action or claim. (n)

(g) That the pleading asserting the claim Section 6. Pleading grounds as affirmative defenses.
states no cause of action; — If no motion to dismiss has been filed, any of the
grounds for dismissal provided for in this Rule may
be pleaded as an affirmative defense in the answer
(h) That the claim or demand set forth in the
and, in the discretion of the court, a preliminary
plaintiff's pleading has been paid, waived,
hearing may be had thereon as if a motion to dismiss
abandoned, or otherwise extinguished;
had been filed. (5a)
(i) That the claim on which the action is
The dismissal of the complaint under this section
founded is enforceable under the provisions
shall be without prejudice to the prosecution in the
of the statute of frauds; and
same or separate action of a counterclaim pleaded in
the answer. (n)
(j) That a condition precedent for filing the
claim has not been complied with. (1a)
NOTE: Under A.M. No. 19-10-20-SC Rule 16 is either
Section 2. Hearing of motion. — At the hearing of the deleted or transposed
motion, the parties shall submit their arguments on
the questions of law and their evidence on the RULE 65
questions of fact involved except those not available
at that time. Should the case go to trial, the evidence Certiorari, Prohibition and Mandamus
presented during the hearing shall automatically be
part of the evidence of the party presenting the same. Section 1. Petition for certiorari. — When any
(n) tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess its or
his jurisdiction, or with grave abuse of discretion
 REMEDIAL LAW

amounting to lack or excess of jurisdiction, and there judgment be rendered commanding the respondent,
is no appeal, or any plain, speedy, and adequate immediately or at some other time to be specified by
remedy in the ordinary course of law, a person the court, to do the act required to be done to protect
aggrieved thereby may file a verified petition in the the rights of the petitioner, and to pay the damages
proper court, alleging the facts with certainty and sustained by the petitioner by reason of the wrongful
praying that judgment be rendered annulling or acts of the respondent.
modifying the proceedings of such tribunal, board or
officer, and granting such incidental reliefs as law and The petition shall also contain a sworn certification of
justice may require. non-forum shopping as provided in the third
paragraph of section 3, Rule 46. (3a)
The petition shall be accompanied by a certified true
copy of the judgment, order or resolution subject Section 4. When and where petition filed. — The
thereof, copies of all pleadings and documents petition shall be filed not later than sixty (60) days
relevant and pertinent thereto, and a sworn from notice of the judgment, order or resolution. In
certification of non-forum shopping as provided in case a motion for reconsideration or new trial is
the third paragraph of section 3, Rule 46. (1a) timely filed, whether such motion is required or not,
the sixty (60) day period shall be counted from notice
Section 2. Petition for prohibition. — When the of the denial of said motion.
proceedings of any tribunal, corporation, board,
officer or person, whether exercising judicial, quasi- The petition shall be filed in the Supreme Court or, if
judicial or ministerial functions, are without or in it relates to the acts or omissions of a lower court or
excess of its or his jurisdiction, or with grave abuse of of a corporation, board, officer or person, in the
discretion amounting to lack or excess of jurisdiction, Regional Trial Court exercising jurisdiction over the
and there is no appeal or any other plain, speedy, and territorial area as defined by the Supreme Court. It
adequate remedy in the ordinary course of law, a may also be filed in the Court of Appeals whether or
person aggrieved thereby may file a verified petition not the same is in aid of its appellate jurisdiction, or
in the proper court, alleging the facts with certainty in the Sandiganbayan if it is in aid of its appellate
and praying that judgment be rendered commanding jurisdiction. If it involves the acts or omissions of a
the respondent to desist from further proceedings in quasi-judicial agency, unless otherwise provided by
the action or matter specified therein, or otherwise law or these Rules, the petition shall be filed in and
granting such incidental reliefs as law and justice cognizable only by the Court of Appeals.
may require.
No extension of time to file the petition shall be
The petition shall likewise be accompanied by a granted except for compelling reason and in no case
certified true copy of the judgment, order or exceeding fifteen (15) days. (4a) (Bar Matter No. 803,
resolution subject thereof, copies of all pleadings and 21 July 1998; A.M. No. 00-2-03-SC)
documents relevant and pertinent thereto, and a
sworn certification of non-forum shopping as Section 5. Respondents and costs in certain cases. —
provided in the third paragraph of section 3, Rule 46. When the petition filed relates to the acts or
(2a) omissions of a judge, court, quasi-judicial agency,
tribunal, corporation, board, officer or person, the
Section 3. Petition for mandamus. — When any petitioner shall join, as private respondent or
tribunal, corporation, board, officer or person respondents with such public respondent or
unlawfully neglects the performance of an act which respondents, the person or persons interested in
the law specifically enjoins as a duty resulting from sustaining the proceedings in the court; and it shall
an office, trust, or station, or unlawfully excludes be the duty of such private respondents to appear
another from the use and enjoyment of a right or and defend, both in his or their own behalf and in
office to which such other is entitled, and there is no behalf of the public respondent or respondents
other plain, speedy and adequate remedy in the affected by the proceedings, and the costs awarded in
ordinary course of law, the person aggrieved thereby such proceedings in favor of the petitioner shall be
may file a verified petition in the proper court, against the private respondents only, and not against
alleging the facts with certainty and praying that the judge, court, quasi-judicial agency, tribunal,
 REMEDIAL LAW

corporation, board, officer or person impleaded as judgment for the relief prayed for or to which the
public respondent or respondents. petitioner is entitled.

Unless otherwise specifically directed by the court The court, however, may dismiss the petition if it
where the petition is pending, the public respondents finds the same to be patently without merit,
shall not appear in or file an answer or comment to prosecuted manifestly for delay, or that the questions
the petition or any pleading therein. If the case is raised therein are too unsubstantial to require
elevated to a higher court by either party, the public consideration. (8a)
respondents shall be included therein as nominal
parties. However, unless otherwise specifically Section 9. Service and enforcement of order or
directed by the court, they shall not appear or judgment. — A certified copy of the judgment
participate in the proceedings therein. (5a) rendered in accordance with the last preceding
section shall be served upon the court, quasi-judicial
Section 6. Order to comment. — If the petition is agency, tribunal, corporation, board, officer or person
sufficient in form and substance to justify such concerned in such manner as the court may direct,
process, the court shall issue an order requiring the and disobedience thereto shall be punished as
respondent or respondents to comment on the contempt. An execution may issue for any damages or
petition within ten (10) days from receipt of a copy costs awarded in accordance with section 1 of Rule
thereof. Such order shall be served on the 39. (9a)
respondents in such manner as the court may direct
together with a copy of the petition and any annexes RULE 26
thereto.
Admission by Adverse Party
In petitions for certiorari before the Supreme Court
and the Court of Appeals, the provisions of section 2, Section 1. Request for admission. — At any time after
Rule 56, shall be observed. Before giving due course issues have been joined, a party may file and serve
thereto, the court may require the respondents to file upon any other party may file and serve upon any
their comment to, and not a motion to dismiss, the other party a written request for the admission by
petition. Thereafter, the court may require the filing the latter of the genuineness of any material and
of a reply and such other responsive or other relevant document described in and exhibited with
pleadings as it may deem necessary and proper. (6a) the request or of the truth of any material and
relevant matter of fact set forth in the request. Copies
Section 7. Expediting proceedings; injunctive relief. — of the documents shall be delivered with the request
The court in which the petition is filed may issue unless copy have already been furnished. (1a)
orders expediting the proceedings, and it may also
grant a temporary restraining order or a writ of Section 2. Implied admission. — Each of the matters
preliminary injunction for the preservation of the of which an admission is requested shall be deemed
rights of the parties pending such proceedings. The admitted unless, within a period designated in the
petition shall not interrupt the course of the principal request, which shall not be less than fifteen (15) days
case unless a temporary restraining order or a writ of after service thereof, or within such further time as
preliminary injunction has been issued against the the court may allow on motion, the party to whom
public respondent from further proceeding in the the request is directed files and serves upon the party
case. (7a) requesting the admission a sworn statement either
denying specifically the matters of which an
Section 8. Proceedings after comment is filed. — After admission is requested or setting forth in detail the
the comment or other pleadings required by the reasons why he cannot truthfully either admit or
court are filed, or the time for the filing thereof has deny those matters.
expired, the court may hear the case or require the
parties to submit memoranda. If after such hearing or Objections to any request for admission shall be
submission of memoranda or the expiration of the submitted to the court by the party requested within
period for the filing thereof the court finds that the the period for and prior to the filing of his sworn
allegations of the petition are true, it shall render statement as contemplated in the preceding
 REMEDIAL LAW

paragraph and his compliance therewith shall be admissible in evidence as proof of civil or criminal
deferred until such objections are resolved, which liability for the injury. (24a)
resolution shall be made as early as practicable. (2a)
Section 28. Admission by third party. — The rights of
Section 3. Effect of admission. — Any admission a party cannot be prejudiced by an act, declaration, or
made by a party pursuant to such request is for the omission of another, except as hereinafter provided.
purpose of the pending action only and shall not (25a)
constitute an admission by him for any other purpose
nor may the same be used against him in any other Section 29. Admission by co-partner or agent. — The
proceeding. (3) act or declaration of a partner or agent of the party
within the scope of his authority and during the
Section 4. Withdrawal. — The court may allow the existence of the partnership or agency, may be given
party making an admission under the Rule, whether in evidence against such party after the partnership
express or implied, to withdraw or amend it upon or agency is shown by evidence other than such act
such terms as may be just. (4) or declaration. The same rule applies to the act or
declaration of a joint owner, joint debtor, or other
Section 5. Effect of failure to file and serve request for person jointly interested with the party. (26a)
admission. — Unless otherwise allowed by the court
for good cause shown and to prevent a failure of Section 30. Admission by conspirator. — The act or
justice a party who fails to file and serve a request for declaration of a conspirator relating to the conspiracy
admission on the adverse party of material and and during its existence, may be given in evidence
relevant facts at issue which are, or ought to be, against the co-conspirator after the conspiracy is
within the personal knowledge of the latter, shall not shown by evidence other than such act of declaration.
be permitted to present evidence on such facts. (n) (27)

RULE 130 Section 31. Admission by privies. — Where one

derives title to property from another, the act,
3. Admissions and Confessions declaration, or omission of the latter, while holding
the title, in relation to the property, is evidence
Section 26. Admission of a party. — The act, against the former. (28)
declaration or omission of a party as to a relevant fact
may be given in evidence against him. (22) Section 32. Admission by silence. — An act or
declaration made in the presence and within the
Section 27. Offer of compromise not admissible. — In hearing or observation of a party who does or says
civil cases, an offer of compromise is not an nothing when the act or declaration is such as
admission of any liability, and is not admissible in naturally to call for action or comment if not true, and
evidence against the offeror. when proper and possible for him to do so, may be
given in evidence against him. (23a)
In criminal cases, except those involving quasi-
offenses (criminal negligence) or those allowed by Section 33. Confession. — The declaration of an
law to be compromised, an offer of compromised by accused acknowledging his guilt of the offense
the accused may be received in evidence as an charged, or of any offense necessarily included
implied admission of guilt. therein, may be given in evidence against him. (29a)

A plea of guilty later withdrawn, or an unaccepted

offer of a plea of guilty to lesser offense, is not
admissible in evidence against the accused who made Appeals
the plea or offer.

An offer to pay or the payment of medical, hospital or

other expenses occasioned by an injury is not
RULE 40
 REMEDIAL LAW

Appeal From Municipal Trial Courts to the rendered the judgment or final order appealed from
Regional Trial Courts the full amount of the appellate court docket and
other lawful fees. Proof of payment thereof shall be
Section 1. Where to appeal. — An appeal from a transmitted to the appellate court together with the
judgment or final order of a Municipal Trial Court original record or the record on appeal, as the case
may be taken to the Regional Trial Court exercising may be. (n)
jurisdiction over the area to which the former
pertains. The title of the case shall remain as it was in Section 6. Duty of the clerk of court. — Within fifteen
the court of origin, but the party appealing the case (15) days from the perfection of the appeal, the clerk
shall be further referred to as the appellant and the of court or the branch clerk of court of the lower
adverse party as the appellee. (a) court shall transmit the original record or the record
on appeal, together with the transcripts and exhibits,
Section 2. When to appeal. — An appeal may be which he shall certify as complete, to the proper
taken within fifteen (15) days after notice to the Regional Trial Court. A copy of his letter of
appellant of the judgment or final order appealed transmittal of the records to the appellate court shall
from. Where a record on appeal is required, the be furnished the parties. (n)
appellant shall file a notice of appeal and a record on
appeal within thirty (30) days after notice of the Section 7. Procedure in the Regional Trial Court. —
judgment or final order.
(a) Upon receipt of the complete record or the
The period of appeal shall be interrupted by a timely record on appeal, the clerk of court of the
motion for new trial or reconsideration. No motion Regional Trial Court shall notify the parties of
for extension of time to file a motion for new trial or such fact.
reconsideration shall be allowed. (n)
(b) Within fifteen (15) days from such notice,
Section 3. How to appeal. — The appeal is taken by it shall be the duty of the appellant to submit
filing a notice of appeal with the court that rendered a memorandum which shall briefly discuss
the judgment or final order appealed from. The notice the errors imputed to the lower court, a copy
of appeal shall indicate the parties to the appeal, the of which shall be furnished by him to the
judgment or final order or part thereof appealed adverse party. Within fifteen (15) days from
from, and state the material dates showing the receipt of the appellant's memorandum, the
timeliness of the appeal. appellee may file his memorandum. Failure of
the appellant to file a memorandum shall be a
A record on appeal shall be required only in special ground for dismissal of the appeal.
proceedings and in other cases of multiple or
separate appeals. (c) Upon the filing of the memorandum of the
appellee, or the expiration of the period to do
The form and contents of the record on appeal shall so, the case shall be considered submitted for
be as provided in section 6, Rule 41. decision. The Regional Trial Court shall
decide the case on the basis of the entire
Copies of the notice of appeal, and the record on record of the proceedings had in the court of
appeal where required, shall be served on the original and such memoranda as are filed. (n)
adverse party. (n)
Section 8. Appeal from orders dismissing case without
Section 4. Perfection of appeal; effect thereof. — The trial; lack of jurisdiction. — If an appeal is taken from
perfection of the appeal and the effect thereof shall an order of the lower court dismissing the case
be governed by the provisions of section 9, Rule 41. without a trial on the merits, the Regional Trial Court
(n) may affirm or reverse it, as the case may be. In case of
affirmance and the ground of dismissal is lack of
Section 5. Appellate court docket and other lawful jurisdiction over the subject matter, the Regional
fees. — Within the period for taking an appeal, the Trial Court, if it has jurisdiction thereover, shall try
appellant shall pay to the clerk of the court which the case on the merits as if the case was originally
 REMEDIAL LAW

filed with it. In case of reversal, the case shall be claims, counterclaims, cross-claims and third-
remanded for further proceedings. party complaints, while the main case is
pending, unless the court allows an appeal
If the case was tried on the merits by the lower court therefrom; and
without jurisdiction over the subject matter, the
Regional Trial Court on appeal shall not dismiss the (h) An order dismissing an action without
case if it has original jurisdiction thereof, but shall prejudice.
decide the case in accordance with the preceding
section, without prejudice to the admission of In all the above instances where the judgment or final
amended pleadings and additional evidence in the order is not appealable, the aggrieved party may file
interest of justice. (n) an appropriate special civil action under Rule 65. (n)

Section 9. Applicability of Rule 41. — The other Section 2. Modes of appeal. —

provisions of Rule 41 shall apply to appeals provided
for herein insofar as they are not inconsistent with or (a) Ordinary appeal. — The appeal to the
may serve to supplement the provisions of this Rule. Court of Appeals in cases decided by the
(n) Regional Trial Court in the exercise of its
original jurisdiction shall be taken by filing a
RULE 41 notice of appeal with the court which
rendered the judgment or final order
Appeal From The Regional Trial Courts appealed from and serving a copy thereof
upon the adverse party. No record on appeal
Section 1. Subject of appeal. — An appeal may be shall be required except in special
taken from a judgment or final order that completely proceedings and other cases of multiple or
disposes of the case, or of a particular matter therein separate appeals where law on these Rules so
when declared by these Rules to be appealable. require. In such cases, the record on appeal
shall be filed and served in like manner.
No appeal may be taken from:
(b) Petition for review. — The appeal to the
(a) An order denying a motion for new trial or Court of Appeals in cases decided by the
reconsideration; Regional Trial Court in the exercise of its
appellate jurisdiction shall be by petition for
(b) An order denying a petition for relief or review in accordance with Rule 42.
any similar motion seeking relief from
judgment; (c) Appeal by certiorari. — In all cases where
only questions of law are raised or involved,
(c) An interlocutory order; the appeal shall be to the Supreme Court by
petition for review on certiorari in
(d) An order disallowing or dismissing an accordance with the Rule 45. (n)
appeal;
Section 3. Period of ordinary appeal. — The appeal
(e) An order denying a motion to set aside a shall be taken within fifteen (15) days from notice of
judgment by consent, confession or the judgment or final order appealed from. Where a
compromise on the ground of fraud, mistake record on appeal is required, the appellant shall file a
or duress, or any other ground vitiating notice of appeal and a record on appeal within thirty
consent; (30) days from notice of the judgment or final order.

(f) An order of execution; The period of appeal shall be interrupted by a timely

motion for new trial or reconsideration. No motion
for extension of time to file a motion for new trial or
(g) A judgment or final order for or against
reconsideration shall be allowed. (n)
one or more of several parties or in separate
 REMEDIAL LAW

Section 4. Appellate court docket and other lawful appellant, within the time limited in the order, or
fees. — Within the period for taking an appeal, the such extension thereof as may be granted, or if no
appellant shall pay to the clerk of the court which time is fixed by the order within ten (10) days from
rendered the judgment or final order appealed from, receipt thereof, shall redraft the record by including
the full amount of the appellate court docket and therein, in their proper chronological sequence, such
other lawful fees. Proof of payment of said fees shall additional matters as the court may have directed
be transmitted to the appellate court together with him to incorporate, and shall thereupon submit the
the original record or the record on appeal. (n) redrafted record for approval, upon notice to the
appellee, in like manner as the original draft. (7a)
Section 5. Notice of appeal. — The notice of appeal
shall indicate the parties to the appeal, specify the Section 8. Joint record on appeal. — Where both
judgment or final order or part thereof appealed parties are appellants, they may file a joint record on
from, specify the court to which the appeal is being appeal within the time fixed by section 3 of this Rule,
taken, and state the material dates showing the or that fixed by the court. (8a)
timeliness of the appeal. (4a)
Section 9. Perfection of appeal; effect thereof. — A
Section 6. Record on appeal; form and contents party's appeal by notice of appeal is deemed
thereof. — The full names of all the parties to the perfected as to him upon the filing of the notice of
proceedings shall be stated in the caption of the appeal in due time.
record on appeal and it shall include the judgment or
final order from which the appeal is taken and, in A party's appeal by record on appeal is deemed
chronological order, copies of only such pleadings, perfected as to him with respect to the subject matter
petitions, motions and all interlocutory orders as are thereof upon the approval of the record on appeal
related to the appealed judgment or final order for filed in due time.
the proper understanding of the issue involved,
together with such data as will show that the appeal In appeals by notice of appeal, the court loses
was perfected on time. If an issue of fact is to be jurisdiction over the case upon the perfection of the
raised on appeal, the record on appeal shall include appeals filed in due time and the expiration of the
by reference all the evidence, testimonial and time to appeal of the other parties.
documentary, taken upon the issue involved. The
reference shall specify the documentary evidence by In appeals by record on appeal, the court loses
the exhibit numbers or letters by which it was jurisdiction only over the subject matter thereof upon
identified when admitted or offered at the hearing, the approval of the records on appeal filed in due
and the testimonial evidence by the names of the time and the expiration of the appeal of the other
corresponding witnesses. If the whole testimonial parties.
and documentary evidence in the case is to be
included, a statement to that effect will be sufficient In either case, prior to the transmittal of the original
without mentioning the names of the witnesses or record or the record on appeal, the court may issue
the numbers or letters of exhibits. Every record on orders for the protection and preservation of the
appeal exceeding twenty (20) pages must contain a rights of the parties which do not involve any matter
subject index. (6a) litigated by the appeal, approve compromises, permit
appeals of indigent litigants, order execution pending
Section 7. Approval of record on appeal. — Upon the appeal in accordance with 2 of Rule 39, and allow
filing of the record on appeal for approval and if no withdrawal of the appeal. (9a)
objection is filed by the appellee within five (5) days
from receipt of a copy thereof, the trial court may Section 10. Duty of clerk of court of the lower court
approve it as presented or upon its own motion or at upon perfection of appeal. — Within thirty (30) days
the instance of the appellee, may direct its after perfection of all the appeals in accordance with
amendment by the inclusion of any omitted matters the preceding section, it shall be the duty of the clerk
which are deemed essential to the determination of of court of the lower court:
the issue of law or fact involved in the appeal. If the
trial court orders the amendment of the record, the
 REMEDIAL LAW

(a) To verify the correctness of the original copy of the minutes of the proceedings, the order of
record or the record on appeal, as the case approval, the certificate of correctness, the original
may be aid to make certification of its documentary evidence referred to therein, and the
correctness; original and three (3) copies of the transcripts.
Copies of the transcripts and certified true copies of
(b) To verify the completeness of the records the documentary evidence shall remain in the lower
that will be, transmitted to the appellate court for the examination of the parties. (11a)
court;
Section 13. Dismissal of appeal. — Prior to the
(c) If found to be incomplete, to take such transmittal of the original record or the record on
measures as may be required to complete the appeal to the appellate court, the trial court
records, availing of the authority that he or may motu propio or on motion dismiss the appeal for
the court may exercise for this purpose; and having been taken out of time. (14a)

(d) To transmit the records to the appellate RULE 42

court.
Petition for Review From the Regional Trial
If the efforts to complete the records fail, he shall Courts to the Court of Appeals
indicate in his letter of transmittal the exhibits or
transcripts not included in the records being Section 1. How appeal taken; time for filing. — A
transmitted to the appellate court, the reasons for party desiring to appeal from a decision of the
their non-transmittal, and the steps taken or that Regional Trial Court rendered in the exercise of its
could be taken to have them available. appellate jurisdiction may file a verified petition for
review with the Court of Appeals, paying at the same
The clerk of court shall furnish the parties with time to the clerk of said court the corresponding
copies of his letter of transmittal of the records to the docket and other lawful fees, depositing the amount
appellate court. (10a) of P500.00 for costs, and furnishing the Regional Trial
Court and the adverse party with a copy of the
Section 11. Transcript. — Upon the perfection of the petition. The petition shall be filed and served within
appeal, the clerk shall immediately direct the fifteen (15) days from notice of the decision sought to
stenographers concerned to attach to the record of be reviewed or of the denial of petitioner's motion for
the case five (5) copies of the transcripts of the new trial or reconsideration filed in due time after
testimonial evidence referred to in the record on judgment. Upon proper motion and the payment of
appeal. The stenographers concerned shall transcribe the full amount of the docket and other lawful fees
such testimonial evidence and shall prepare and affix and the deposit for costs before the expiration of the
to their transcripts an index containing the names of reglementary period, the Court of Appeals may grant
the witnesses and the pages wherein their an additional period of fifteen (15) days only within
testimonies are found, and a list of the exhibits and which to file the petition for review. No further
the pages wherein each of them appears to have been extension shall be granted except for the most
offered and admitted or rejected by the trial court. compelling reason and in no case to exceed fifteen
The transcripts shall be transmitted to the clerk of (15) days. (n)
the trial court who shall thereupon arrange the same
in the order in which the witnesses testified at the Section 2. Form and contents. — The petition shall be
trial, and shall cause the pages to be numbered filed in seven (7) legible copies, with the original copy
consecutively. (12a) intended for the court being indicated as such by the
petitioner, and shall (a) state the full names of the
Section 12. Transmittal. — The clerk of the trial parties to the case, without impleading the lower
court shall transmit to the appellate court the original courts or judges thereof either as petitioners or
record or the approved record on appeal within respondents; (b) indicate the specific material dates
thirty (30) days from the perfection of the appeal, showing that it was filed on time; (c) set forth
together with the proof of payment of the appellate concisely a statement of the matters involved, the
court docket and other lawful fees, a certified true issues raised, the specification of errors of fact or law,
 REMEDIAL LAW

or both, allegedly committed by the Regional Trial petitioner's statement of matters involved but
Court, and the reasons or arguments relied upon for without repetition; and (c) state the reasons why the
the allowance of the appeal; (d) be accompanied by petition should not be given due course. A copy
clearly legible duplicate originals or true copies of the thereof shall be served on the petitioner. (a)
judgments or final orders of both lower courts,
certified correct by the clerk of court of the Regional Section 6. Due course. — If upon the filing of the
Trial Court, the requisite number of plain copies comment or such other pleadings as the court may
thereof and of the pleadings and other material allow or require, or after the expiration of the period
portions of the record as would support the for the filing thereof without such comment or
allegations of the petition. pleading having been submitted, the Court of Appeals
finds prima facie that the lower court has committed
The petitioner shall also submit together with the an error of fact or law that will warrant a reversal or
petition a certification under oath that he has not modification of the appealed decision, it may
theretofore commenced any other action involving accordingly give due course to the petition. (n)
the same issues in the Supreme Court, the Court of
Appeals or different divisions thereof, or any other Section 7. Elevation of record. — Whenever the Court
tribunal or agency; if there is such other action or of Appeals deems it necessary, it may order the clerk
proceeding, he must state the status of the same; and of court of the Regional Trial Court to elevate the
if he should thereafter learn that a similar action or original record of the case including the oral and
proceeding has been filed or is pending before the documentary evidence within fifteen (15) days from
Supreme Court, the Court of Appeals, or different notice. (n)
divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts Section 8. Perfection of appeal; effect thereof. — (a)
and other tribunal or agency thereof within five (5) Upon the timely filing of a petition for review and the
days therefrom. (n) payment of the corresponding docket and other
lawful fees, the appeal is deemed perfected as to the
Section 3. Effect of failure to comply with petitioner.
requirements. — The failure of the petitioner to
comply with any of the foregoing requirements The Regional Trial Court loses jurisdiction over the
regarding the payment of the docket and other lawful case upon the perfection of the appeals filed in due
fees, the deposit for costs, proof of service of the time and the expiration of the time to appeal of the
petition, and the contents of and the documents other parties.
which should accompany the petition shall be
sufficient ground for the dismissal thereof. (n) However, before the Court of Appeals gives due
course to the petition, the Regional Trial Court may
Section 4. Action on the petition. — The Court of issue orders for the protection and preservation of
Appeals may require the respondent to file a the rights of the parties which do not involve any
comment on the petition, not a motion to dismiss, matter litigated by the appeal, approve compromises,
within ten (10) days from notice, or dismiss the permit appeals of indigent litigants, order execution
petition if it finds the same to be patently without pending appeal in accordance with section 2 of Rule
merit, prosecuted manifestly for delay, or that the 39, and allow withdrawal of the appeal. (9a, R41)
questions raised therein are too insubstantial to
require consideration. (n) (b) Except in civil cases decided under the Rule on
Summary Procedure, the appeal shall stay the
Section 5. Contents of comment. — The comment of judgment or final order unless the Court of Appeals,
the respondent shall be filed in seven (7) legible the law, or these Rules shall provide otherwise. (a)
copies, accompanied by certified true copies of such
material portions of the record referred to therein Section 9. Submission for decision. — If the petition is
together with other supporting papers and shall (a) given due course, the Court of Appeals may set the
state whether or not he accepts the statement of case for oral argument or require the parties to
matters involved in the petition; (b) point out such submit memoranda within a period of fifteen (15)
insufficiencies or inaccuracies as he believes exist in days from notice. The case shall be deemed
 REMEDIAL LAW

submitted for decision upon the filing of the last period, the Court of Appeals may grant an additional
pleading or memorandum required by these Rules or period of fifteen (15) days only within which to file
by the court itself. (n) the petition for review. No further extension shall be
granted except for the most compelling reason and in
RULE 43 no case to exceed fifteen (15) days. (n)

Appeals From the Court of Tax Appeals and Quasi- Section 5. How appeal taken. — Appeal shall be taken
Judicial Agencies to the Court of Appeals by filing a verified petition for review in seven (7)
legible copies with the Court of Appeals, with proof of
Section 1. Scope. — This Rule shall apply to appeals service of a copy thereof on the adverse party and on
from judgments or final orders of the Court of Tax the court or agency a quo. The original copy of the
Appeals and from awards, judgments, final orders or petition intended for the Court of Appeals shall be
resolutions of or authorized by any quasi-judicial indicated as such by the petitioner.
agency in the exercise of its quasi-judicial functions.
Among these agencies are the Civil Service Upon the filing of the petition, the petitioner shall pay
Commission, Central Board of Assessment Appeals, to the clerk of court of the Court of Appeals the
Securities and Exchange Commission, Office of the docketing and other lawful fees and deposit the sum
President, Land Registration Authority, Social of P500.00 for costs. Exemption from payment of
Security Commission, Civil Aeronautics Board, docketing and other lawful fees and the deposit for
Bureau of Patents, Trademarks and Technology costs may be granted by the Court of Appeals upon a
Transfer, National Electrification Administration, verified motion setting forth valid grounds therefor.
Energy Regulatory Board, National If the Court of Appeals denies the motion, the
Telecommunications Commission, Department of petitioner shall pay the docketing and other lawful
Agrarian Reform under Republic Act No. 6657, fees and deposit for costs within fifteen (15) days
Government Service Insurance System, Employees from notice of the denial. (n)
Compensation Commission, Agricultural Invention
Board, Insurance Commission, Philippine Atomic Section 6. Contents of the petition. — The petition for
Energy Commission, Board of Investments, review shall (a) state the full names of the parties to
Construction Industry Arbitration Commission, and the case, without impleading the court or agencies
voluntary arbitrators authorized by law. (n) either as petitioners or respondents; (b) contain a
concise statement of the facts and issues involved
Section 2. Cases not covered. — This Rule shall not and the grounds relied upon for the review; (c) be
apply to judgments or final orders issued under the accompanied by a clearly legible duplicate original or
Labor Code of the Philippines. (n) a certified true copy of the award, judgment, final
order or resolution appealed from, together with
Section 3. Where to appeal. — An appeal under this certified true copies of such material portions of the
Rule may be taken to the Court of Appeals within the record referred to therein and other supporting
period and in the manner herein provided, whether papers; and (d) contain a sworn certification against
the appeal involves questions of fact, of law, or mixed forum shopping as provided in the last paragraph of
questions of fact and law. (n) section 2, Rule 42. The petition shall state the specific
material dates showing that it was filed within the
Section 4. Period of appeal. — The appeal shall be period fixed herein. (2a)
taken within fifteen (15) days from notice of the
award, judgment, final order or resolution, or from Section 7. Effect of failure to comply with
the date of its last publication, if publication is requirements. — The failure of the petitioner to
required by law for its effectivity, or of the denial of comply with any of the foregoing requirements
petitioner's motion for new trial or reconsideration regarding the payment of the docket and other lawful
duly filed in accordance with the governing law of the fees, the deposit for costs, proof of service of the
court or agency a quo. Only one (1) motion for petition, and the contents of and the documents
reconsideration shall be allowed. Upon proper which should accompany the petition shall be
motion and the payment of the full amount of the sufficient ground for the dismissal thereof. (n)
docket fee before the expiration of the reglementary
 REMEDIAL LAW

Section 8. Action on the petition. — The Court of shall direct otherwise upon such terms as it may
Appeals may require the respondent to file a deem just. (10a)
comment on the petition not a motion to dismiss,
within ten (10) days from notice, or dismiss the Section 13. Submission for decision. — If the petition
petition if it finds the same to be patently without is given due course, the Court of Appeals may set the
merit, prosecuted manifestly for delay, or that the case for oral argument or require the parties to
questions raised therein are too unsubstantial to submit memoranda within a period of fifteen (15)
require consideration. (6a) days from notice. The case shall be deemed
submitted for decision upon the filing of the last
Section 9. Contents of comment. — The comment pleading or memorandum required by these Rules or
shall be filed within ten (10) days from notice in by the court of Appeals. (n)
seven (7) legible copies and accompanied by clearly
legible certified true copies of such material portions Procedure in the Court of Appeals
of the record referred to therein together with other
supporting papers. The comment shall (a) point out RULE 44
insufficiencies or inaccuracies in petitioner's
statement of facts and issues; and (b) state the Ordinary Appealed Cases
reasons why the petition should be denied or
dismissed. A copy thereof shall be served on the Section 1. Title of cases. — In all cases appealed to
petitioner, and proof of such service shall be filed the Court of Appeals under Rule 41, the title of the
with the Court of Appeals. (9a) case shall remain as it was in the court of origin, but
the party appealing the case shall be further referred
Section 10. Due course. — If upon the filing of the to as the appellant and the adverse party as the
comment or such other pleadings or documents as appellee. (1a, R46)
may be required or allowed by the Court of Appeals
or upon the expiration of the period for the filing Section 2. Counsel and guardians. — The counsel and
thereof, and on the records the Court of Appeals guardians ad litem of the parties in the court of origin
finds prima facie that the court or agency concerned shall be respectively considered as their counsel and
has committed errors of fact or law that would guardians ad litem in the Court of Appeals. When
warrant reversal or modification of the award, others appear or are appointed, notice thereof shall
judgment, final order or resolution sought to be be served immediately on the adverse party and filed
reviewed, it may give due course to the petition; with the court. (2a, R46)
otherwise, it shall dismiss the same. The findings of
fact of the court or agency concerned, when Section 3. Order of transmittal of record. — If the
supported by substantial evidence, shall be binding original record or the record on appeal is not
on the Court of Appeals. (n) transmitted to the Court of Appeals within thirty (30)
days after the perfection of the appeal, either party
Section 11. Transmittal of record. — Within fifteen may file a motion with the trial court, with notice to
(15) days from notice that the petition has been given the other, for the transmittal of such record or record
due course, the Court of Appeals may require the on appeal. (3a, R46)
court or agency concerned to transmit the original or
a legible certified true copy of the entire record of the Section 4. Docketing of case. — Upon receiving the
proceeding under review. The record to be original record or the record on appeal and the
transmitted may be abridged by agreement of all accompanying documents and exhibits transmitted
parties to the proceeding. The Court of Appeals may by the lower court, as well as the proof of payment of
require or permit subsequent correction of or the docket and other lawful fees, the clerk of court of
addition to the record. (8a) the Court of Appeals shall docket the case and notify
the parties thereof. (4a, R46)
Section 12. Effect of appeal. — The appeal shall not
stay the award, judgment, final order or resolution Within ten (10) days from receipt of said notice, the
sought to be reviewed unless the Court of Appeals appellant, in appeals by record on appeal, shall file
with the clerk of court seven (7) clearly legible copies
 REMEDIAL LAW

of the approved record on appeal, together with the file in lieu of briefs, their respective memoranda
proof of service of two (2) copies thereof upon the within a non-extendible period of thirty (30) days
appellee. from receipt of the notice issued by the clerk that all
the evidence, oral and documentary, is already
Any unauthorized alteration, omission or addition in attached to the record. (13a, R46)
the approved record on appeal shall be a ground for
dismissal of the appeal. (n) The failure of the appellant to file his memorandum
within the period therefor may be a ground for
Section 5. Completion of record. — Where the record dismissal of the appeal. (n)
of the docketed case is incomplete, the clerk of court
of the Court of Appeals shall so inform said court and Section 11. Several appellants or appellees or several
recommend to it measures necessary to complete the counsel for each party. — Where there are several
record. It shall be the duty of said court to take appellants or appellees, each counsel representing
appropriate action towards the completion of the one or more but not all of them shall be served with
record within the shortest possible time. (n) only one copy of the briefs. When several counsel
represent one appellant or appellee, copies of the
Section 6. Dispensing with complete record. — Where brief may be served upon any of them. (14a, R46)
the completion of the record could not be
accomplished within a sufficient period allotted for Section 12. Extension of time for filing briefs. —
said purpose due to insuperable or extremely difficult Extension of time for the filing of briefs will not be
causes, the court, on its own motion or on motion of allowed, except for good and sufficient cause, and
any of the parties, may declare that the record and its only if the motion for extension is filed before the
accompanying transcripts and exhibits so far expiration of the time sought to be extended. (15,
available are sufficient to decide the issues raised in R46)
the appeal, and shall issue an order explaining the
reasons for such declaration. (n) Section 13. Contents of appellant's brief. — The
appellant's brief shall contain, in the order herein
Section 7. Appellant's brief. — It shall be the duty of indicated, the following:
the appellant to file with the court, within forty-five
(45) days from receipt of the notice of the clerk that (a) A subject index of the matter in the brief
all the evidence, oral and documentary, are attached with a digest of the arguments and page
to the record, seven (7) copies of his legibly references, and a table of cases alphabetically
typewritten, mimeographed or printed brief, with arranged, textbooks and statutes cited with
proof of service of two (2) copies thereof upon the references to the pages where they are cited;
appellee. (10a, R46)
(b) An assignment of errors intended to be
Section 8. Appellee's brief. — Within forty-five (45) urged, which errors shall be separately,
days from receipt of the appellant's brief, the distinctly and concisely stated without
appellee shall file with the court seven (7) copies of repetition and numbered consecutively;
his legibly typewritten, mimeographed or printed
brief, with proof of service of two (2) copies thereof (c) Under the heading "Statement of the
upon the appellant. (11a, R46) Case," a clear and concise statement of the
nature of the action, a summary of the
Section 9. Appellant's reply brief. — Within twenty proceedings, the appealed rulings and orders
(20) days from receipt of the appellee's brief, the of the court, the nature of the judgment and
appellant may file a reply brief answering points in any other matters necessary to an
the appellee's brief not covered in his main brief. understanding of the nature of the
(12a, R46) controversy with page references to the
record;
Section 10. Time of filing memoranda in special cases.
— In certiorari, prohibition, mandamus, quo (d) Under the heading "Statement of Facts," a
warranto and habeas corpus cases, the parties shall clear and concise statement in a narrative
 REMEDIAL LAW

form of the facts admitted by both parties and relied on shall be cited by the page of the
of those in controversy, together with the report at which the case begins and the page
substance of the proof relating thereto in of the report on which the citation is found.
sufficient detail to make it clearly intelligible, (17a, R46)
with page references to the record;
Section 15. Questions that may be raised on appeal.
(e) A clear and concise statement of the issues — Whether or not the appellant has filed a motion for
of fact or law to be submitted, to the court for new trial in the court below he may include in his
its judgment; assignment of errors any question of law or fact that
has been raised in the court below and which is
(f) Under the heading "Argument," the within the issues framed by the parties. (18, R46)
appellant's arguments on each assignment of
error with page references to the record. The RULE 45
authorities relied upon shall be cited by the
page of the report at which the case begins Appeal by Certiorari to the Supreme Court
and the page of the report on which the
citation is found; Section 1. Filing of petition with Supreme Court. — A
party desiring to appeal by certiorari from a
(g) Under the heading "Relief," a specification judgment or final order or resolution of the Court of
of the order or judgment which the appellant Appeals, the Sandiganbayan, the Regional Trial Court
seeks; and or other courts whenever authorized by law, may file
with the Supreme Court a verified petition for review
(h) In cases not brought up by record on on certiorari. The petition shall raise only questions
appeal, the appellant's brief shall contain, as of law which must be distinctly set forth. (1a, 2a)
an appendix, a copy of the judgment or final
order appealed from. (16a, R46) Section 2. Time for filing; extension. — The petition
shall be filed within fifteen (15) days from notice of
Section 14. Contents of appellee's brief. — The the judgment or final order or resolution appealed
appellee's brief shall contain, in the order herein from, or of the denial of the petitioner's motion for
indicated the following: new trial or reconsideration filed in due time after
notice of the judgment. On motion duly filed and
(a) A subject index of the matter in the brief served, with full payment of the docket and other
with a digest of the arguments and page lawful fees and the deposit for costs before the
references, and a table of cases alphabetically expiration of the reglementary period, the Supreme
arranged, textbooks and statutes cited with Court may for justifiable reasons grant an extension
references to the pages where they are cited; of thirty (30) days only within which to file the
petition. (1a, 5a)
(b) Under the heading "Statement of Facts,"
the appellee shall state that he accepts the Section 3. Docket and other lawful fees; proof of
statement of facts in the appellant's brief, or service of petition. — Unless he has theretofore done
under the heading "Counter-Statement of so, the petitioner shall pay the corresponding docket
Facts," he shall point out such insufficiencies and other lawful fees to the clerk of court of the
or inaccuracies as he believes exist in the Supreme Court and deposit the amount of P500.00
appellant's statement of facts with references for costs at the time of the filing of the petition. Proof
to the pages of the record in support thereof, of service of a copy, thereof on the lower court
but without repetition of matters in the concerned and on the adverse party shall be
appellant's statement of facts; and submitted together with the petition. (1a)

(c) Under the heading "Argument," the Section 4. Contents of petition. — The petition shall
appellee shall set forth his arguments in the be filed in eighteen (18) copies, with the original copy
case on each assignment of error with page intended for the court being indicated as such by the
references to the record. The authorities petitioner and shall (a) state the full name of the
 REMEDIAL LAW

appealing party as the petitioner and the adverse departure by a lower court, as to call for an
party as respondent, without impleading the lower exercise of the power of supervision. (4a)
courts or judges thereof either as petitioners or
respondents; (b) indicate the material dates showing Section 7. Pleadings and documents that may be
when notice of the judgment or final order or required; sanctions. — For purposes of determining
resolution subject thereof was received, when a whether the petition should be dismissed or denied
motion for new trial or reconsideration, if any, was pursuant to section 5 of this Rule, or where the
filed and when notice of the denial thereof was petition is given due course under section 8 hereof,
received; (c) set forth concisely a statement of the the Supreme Court may require or allow the filing of
matters involved, and the reasons or arguments such pleadings, briefs, memoranda or documents as it
relied on for the allowance of the petition; (d) be may deem necessary within such periods and under
accompanied by a clearly legible duplicate original, or such conditions as it may consider appropriate, and
a certified true copy of the judgment or final order or impose the corresponding sanctions in case of non-
resolution certified by the clerk of court of the filing or unauthorized filing of such pleadings and
court a quo and the requisite number of plain copies documents or non-compliance with the conditions
thereof, and such material portions of the record as therefor. (n)
would support the petition; and (e) contain a sworn
certification against forum shopping as provided in Section 8. Due course; elevation of records. — If the
the last paragraph of section 2, Rule 42. (2a) petition is given due course, the Supreme Court may
require the elevation of the complete record of the
Section 5. Dismissal or denial of petition. — The case or specified parts thereof within fifteen (15)
failure of the petitioner to comply with any of the days from notice. (2a)
foregoing requirements regarding the payment of the
docket and other lawful fees, deposit for costs, proof Section 9. Rule applicable to both civil and criminal
of service of the petition, and the contents of and the cases. — The mode of appeal prescribed in this Rule
documents which should accompany the petition shall be applicable to both civil and criminal cases,
shall be sufficient ground for the dismissal thereof. except in criminal cases where the penalty imposed is
death, reclusion perpetua or life imprisonment. (n)
The Supreme Court may on its own initiative deny
the petition on the ground that the appeal is without
merit, or is prosecuted manifestly for delay, or that
the questions raised therein are too unsubstantial to RULE 114
require consideration. (3a)
Bail
Section 6. Review discretionary. — A review is not a
matter of right, but of sound judicial discretion, and Section 1. Bail defined. — Bail is the security given
will be granted only when there are special and for the release of a person in custody of the law,
important reasons thereof. The following, while furnished by him or a bondsman, to guarantee his
neither controlling nor fully measuring the court's appearance before any court as required under the
discretion, indicate the character of the reasons conditions hereinafter specified. Bail may be given in
which will be considered: the form of corporate surety, property bond, cash
deposit, or recognizance. (1a)
(a) When the court a quo has decided a
question of substance, not theretofore Section 2. Conditions of the bail; requirements. — All
determined by the Supreme Court, or has kinds of bail are subject to the following conditions:
decided it in a way probably not in accord
with law or with the applicable decisions of
(a) The undertaking shall be effective upon
the Supreme Court; or
approval, and unless cancelled, shall remain
in force at all stages of the case until
(b) When the court a quo has so far departed promulgation of the judgment of the Regional
from the accepted and usual course of judicial Trial Court, irrespective of whether the case
proceedings, or so far sanctioned such was originally filed in or appealed to it;
 REMEDIAL LAW

(b) The accused shall appear before the during the pendency of the appeal under the same
proper court whenever required by the court bail subject to the consent of the bondsman.
of these Rules;
If the penalty imposed by the trial court is
(c) The failure of the accused to appear at the imprisonment exceeding six (6) years, the accused
trial without justification and despite due shall be denied bail, or his bail shall be cancelled
notice shall be deemed a waiver of his right to upon a showing by the prosecution, with notice to the
be present thereat. In such case, the trial may accused, of the following or other similar
proceed in absentia; and circumstances:

(d) The bondsman shall surrender the (a) That he is a recidivist, quasi-recidivist, or
accused to the court for execution of the final habitual delinquent, or has committed the
judgment. crime aggravated by the circumstance of
reiteration;
The original papers shall state the full name and
address of the accused, the amount of the (b) That he has previously escaped from legal
undertaking and the conditions herein required. confinement, evaded sentence, or violated the
Photographs (passport size) taken within the last six conditions of his bail without valid
(6) months showing the face, left and right profiles of justification;
the accused must be attached to the bail. (2a)
(c) That he committed the offense while
Section 3. No release or transfer except on court order under probation, parole, or conditional
or bail. — No person under detention by legal process pardon;
shall be released or transferred except upon order of
the court or when he is admitted to bail. (3a) (d) That the circumstances of his case
indicate the probability of flight if released on
Section 4. Bail, a matter of right; exception. — All bail; or
persons in custody shall be admitted to bail as a
matter of right, with sufficient sureties, or released (e) That there is undue risk that he may
on recognize as prescribed by law or this Rule (a) commit another crime during the pendency of
before or after conviction by the Metropolitan Trial the appeal.
Court, Municipal Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court, and (b) before The appellate court may, motu proprio or on motion
conviction by the Regional Trial Court of an offense of any party, review the resolution of the Regional
not punishable by death, reclusion perpetua, or life Trial Court after notice to the adverse party in either
imprisonment. (4a) case. (5a)

Section 5. Bail, when discretionary. — Upon Section 6. Capital offense defined. — A capital offense
conviction by the Regional Trial Court of an offense is an offense which, under the law existing at the time
not punishable by death, reclusion perpetua, or life of its commission and of the application for
imprisonment, admission to bail is discretionary. The admission to bail, may be punished with death. (6a)
application for bail may be filed and acted upon by
the trial court despite the filing of a notice of appeal, Section 7. Capital offense of an offense punishable by
provided it has not transmitted the original record to reclusion perpetua or life imprisonment, not bailable.
the appellate court. However, if the decision of the — No person charged with a capital offense, or an
trial court convicting the accused changed the nature offense punishable by reclusion perpetua or life
of the offense from non-bailable to bailable, the imprisonment, shall be admitted to bail when
application for bail can only be filed with and evidence of guilt is strong, regardless of the stage of
resolved by the appellate court. the criminal prosecution. (7a)

Should the court grant the application, the accused Section 8. Burden of proof in bail application. — At
may be allowed to continue on provisional liberty the hearing of an application for bail filed by a person
 REMEDIAL LAW

who is in custody for the commission of an offense Section 11. Property bond, how posted. — A property
punishable by death, reclusion perpetua, or life bond is an undertaking constituted as lien on the real
imprisonment, the prosecution has the burden of property given as security for the amount of the bail.
showing that evidence of guilt is strong. The evidence Within ten (10) days after the approval of the bond,
presented during the bail hearing shall be considered the accused shall cause the annotation of the lien on
automatically reproduced at the trial, but upon the certificate of title on file with the Register of
motion of either party, the court may recall any Deeds if the land is registered, or if unregistered, in
witness for additional examination unless the latter is the Registration Book on the space provided therefor,
dead, outside the Philippines, or otherwise unable to in the Registry of Deeds for the province or city
testify. (8a) where the land lies, and on the corresponding tax
declaration in the office of the provincial, city and
Section 9. Amount of bail; guidelines. — The judge municipal assessor concerned.
who issued the warrant or granted the application
shall fix a reasonable amount of bail considering Within the same period, the accused shall submit to
primarily, but not limited to, the following factors: the court his compliance and his failure to do so shall
be sufficient cause for the cancellation of the
(a) Financial ability of the accused to give property bond and his re-arrest and detention. (11a)
bail;
Section 12. Qualifications of sureties in property bond.
(b) Nature and circumstances of the offense; — The qualification of sureties in a property bond
shall be as follows:
(c) Penalty for the offense charged;
(a) Each must be a resident owner of real
(d) Character and reputation of the accused; estate within the Philippines;

(e) Age and health of the accused; (b) Where there is only one surety, his real
estate must be worth at least the amount of
(f) Weight of the evidence against the the undertaking;
accused;
(c) If there are two or more sureties, each
(g) Probability of the accused appearing at may justify in an amount less than that
the trial; expressed in the undertaking but the
aggregate of the justified sums must be
(h) Forfeiture of other bail; equivalent to the whole amount of bail
demanded.
(i) The fact that accused was a fugitive from
justice when arrested; and In all cases, every surety must be worth the amount
specified in his own undertaking over and above all
just debts, obligations and properties exempt from
(j) Pendency of other cases where the accused
execution. (12a)
is on bail.
Section 13. Justification of sureties. — Every surety
Excessive bail shall not be required. (9a)
shall justify by affidavit taken before the judge that he
possesses the qualifications prescribed in the
Section 10. Corporate surety. — Any domestic or
preceding section. He shall describe the property
foreign corporation, licensed as a surety in
given as security, stating the nature of his title, its
accordance with law and currently authorized to act
encumbrances, the number and amount of other bails
as such, may provide bail by a bond subscribed
entered into by him and still undischarged, and his
jointly by the accused and an officer of the
other liabilities. The court may examine the sureties
corporation duly authorized by its board of directors.
upon oath concerning their sufficiency in such
(10a)
manner as it may deem proper. No bail shall be
approved unless the surety is qualified. (13a)
 REMEDIAL LAW

Section 14. Deposit of cash as bail. — The accused or with any metropolitan trial judge, municipal trial
any person acting in his behalf may deposit in cash judge, or municipal circuit trial judge therein.
with the nearest collector or internal revenue or
provincial, city, or municipal treasurer the amount of (b) Where the grant of bail is a matter of
bail fixed by the court, or recommended by the discretion, or the accused seeks to be released
prosecutor who investigated or filed the case. Upon on recognizance, the application may only be
submission of a proper certificate of deposit and a filed in the court where the case is pending,
written undertaking showing compliance with the whether on preliminary investigation, trial, or
requirements of section 2 of this Rule, the accused on appeal.
shall be discharged from custody. The money
deposited shall be considered as bail and applied to (c) Any person in custody who is not yet
the payment of fine and costs while the excess, if any, charged in court may apply for bail with any
shall be returned to the accused or to whoever made court in the province, city, or municipality
the deposit. (14a) where he is held. (17a)

Section 15. Recognizance. — Whenever allowed by Section 18. Notice of application to prosecutor. — In
law or these Rules, the court may release a person in the application for bail under section 8 of this Rule,
custody to his own recognizance or that of a the court must give reasonable notice of the hearing
responsible person. (15a) to the prosecutor or require him to submit his
recommendation. (18a)
Section 16. Bail, when not required; reduced bail or
recognizance. — No bail shall be required when the Section 19. Release on bail. — The accused must be
law or these Rules so provide. discharged upon approval of the bail by the judge
with whom it was filed in accordance with section 17
When a person has been in custody for a period equal of this Rule.
to or more than the possible maximum imprisonment
prescribe for the offense charged, he shall be released Whenever bail is filed with a court other than where
immediately, without prejudice to the continuation of the case is pending, the judge who accepted the bail
the trial or the proceedings on appeal. If the shall forward it, together with the order of release
maximum penalty to which the accused may be and other supporting papers, to the court where the
sentenced is destierro, he shall be released after case is pending, which may, for good reason, require
thirty (30) days of preventive imprisonment. a different one to be filed. (19a)

A person in custody for a period equal to or more Section 20. Increase or reduction of bail. — After the
than the minimum of the principal penalty prescribed accused is admitted to bail, the court may, upon good
for the offense charged, without application of the cause, either increase or reduce its amount. When
Indeterminate Sentence Law or any modifying increased, the accused may be committed to custody
circumstance, shall be released on a reduced bail or if he does not give bail in the increased amount
on his own recognizance, at the discretion of the within a reasonable period. An accused held to
court. (16a) answer a criminal charge, who is released without
bail upon filing of the complaint or information, may,
Section 17. Bail, where filed. — (a) Bail in the at any subsequent stage of the proceedings and
amount fixed may be filed with the court where the whenever a strong showing of guilt appears to the
case is pending, or in the absence or unavailability of court, be required to give bail in the amount fixed, or
the judge thereof, with any regional trial judge, in lieu thereof, committed to custody. (20a)
metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge in the province, city, or Section 21. Forfeiture of bond. — When the presence
municipality. If the accused is arrested in a province, of the accused is required by the court or these Rules,
city, or municipality other than where the case is his bondsmen shall be notified to produce him before
pending, bail may also be filed with any regional trial the court on a given date and time. If the accused fails
court of said place, or if no judge thereof is available, to appear in person as required, his bail shall be
declared forfeited and the bondsmen given thirty
 REMEDIAL LAW

(30) days within which to produce their principal and Section 25. Court supervision of detainees. — The
to show cause why no judgment should be rendered court shall exercise supervision over all persons in
against them for the amount of their bail. Within the custody for the purpose of eliminating unnecessary
said period, the bondsmen must: detention. The executive judges of the Regional Trial
Courts shall conduct monthly personal inspections of
(a) produce the body of their principal or give provincial, city, and municipal jails and their
the reason for his non-production; and prisoners within their respective jurisdictions. They
shall ascertain the number of detainees, inquire on
(b) explain why the accused did not appear their proper accommodation and health and examine
before the court when first required to do so. the condition of the jail facilities. They shall order the
segregation of sexes and of minors from adults,
Failing in these two requisites, a judgment shall be ensure the observance of the right of detainees to
rendered against the bondsmen, jointly and severally, confer privately with counsel, and strive to eliminate
for the amount of the bail. The court shall not reduce conditions inimical to the detainees.
or otherwise mitigate the liability of the bondsmen,
unless the accused has been surrendered or is In cities and municipalities to be specified by the
acquitted. (21a) Supreme Court, the municipal trial judges or
municipal circuit trial judges shall conduct monthly
Section 22. Cancellation of bail. — Upon application personal inspections of the municipal jails in their
of the bondsmen, with due notice to the prosecutor, respective municipalities and submit a report to the
the bail may be cancelled upon surrender of the executive judge of the Regional Trial Court having
accused or proof of his death. jurisdiction therein.

The bail shall be deemed automatically cancelled A monthly report of such visitation shall be
upon acquittal of the accused, dismissal of the case, submitted by the executive judges to the Court
or execution of the judgment of conviction. Administrator which shall state the total number of
detainees, the names of those held for more than
In all instances, the cancellation shall be without thirty (30) days, the duration of detention, the crime
prejudice to any liability on the bond. (22a) charged, the status of the case, the cause for
detention, and other pertinent information. (25a)
Section 23. Arrest of accused out on bail. — For the
purpose of surrendering the accused, the bondsmen Section 26. Bail not a bar to objections on illegal
may arrest him or, upon written authority endorsed arrest, lack of or irregular preliminary investigation.
on a certified copy of the undertaking, cause him to — An application for or admission to bail shall not
be arrested by a police officer or any other person of bar the accused from challenging the validity of his
suitable age and discretion. arrest or the legality of the warrant issued therefor,
or from assailing the regularity or questioning the
absence of a preliminary investigation of the charge
An accused released on bail may be re-arrested
against him, provided that he raises them before
without the necessity of a warrant if he attempts to
entering his plea. The court shall resolve the matter
depart from the Philippines without permission of
as early as practicable but not later than the start of
the court where the case is pending. (23a)
the trial of the case. (n)
Section 24. No bail after final judgment; exception. —
No bail shall be allowed after the judgment of RULE 130
conviction has become final. If before such finality,
the accused has applies for probation, he may be 5. Testimonial Knowledge
allowed temporary liberty under his bail. When no
bail was filed or the accused is incapable of filing one, Section 36. Testimony generally confined to personal
the court may allow his release on recognizance to knowledge; hearsay excluded. — A witness can testify
the custody of a responsible member of the only to those facts which he knows of his personal
community. In no case shall bail be allowed after the knowledge; that is, which are derived from his own
accused has commenced to serve sentence. (24a)
 REMEDIAL LAW

perception, except as otherwise provided in these than thirty years old, or respecting marriage or moral
rules. (30a) character, may be given in evidence. Monuments and
inscriptions in public places may be received as
6. Exceptions To The Hearsay Rule evidence of common reputation. (35)

Section 37. Dying declaration. — The declaration of a Section 42. Part of res gestae. — Statements made by
dying person, made under a person while a starting occurrence is taking place
or immediately prior or subsequent thereto with
the consciousness of an impending death, may be respect to the circumstances thereof, may be given in
received in any case wherein his death is the subject evidence as part of res gestae. So, also, statements
of inquiry, as evidence of the cause and surrounding accompanying an equivocal act material to the issue,
circumstances of such death. (31a) and giving it a legal significance, may be received as
part of the res gestae. (36a)
Section 38. Declaration against interest. — The
declaration made by a person deceased, or unable to Section 43. Entries in the course of business. —
testify, against the interest of the declarant, if the fact Entries made at, or near the time of transactions to
is asserted in the declaration was at the time it was which they refer, by a person deceased, or unable to
made so far contrary to declarant's own interest, that testify, who was in a position to know the facts
a reasonable man in his position would not have therein stated, may be received as prima
made the declaration unless he believed it to be true, facie evidence, if such person made the entries in his
may be received in evidence against himself or his professional capacity or in the performance of duty
successors in interest and against third persons. and in the ordinary or regular course of business or
(32a) duty. (37a)

Section 39. Act or declaration about pedigree. — The Section 44. Entries in official records. — Entries in
act or declaration of a person deceased, or unable to official records made in the performance of his duty
testify, in respect to the pedigree of another person by a public officer of the Philippines, or by a person in
related to him by birth or marriage, may be received the performance of a duty specially enjoined by law,
in evidence where it occurred before the controversy, are prima facie evidence of the facts therein stated.
and the relationship between the two persons is (38)
shown by evidence other than such act or
declaration. The word "pedigree" includes Section 45. Commercial lists and the like. — Evidence
relationship, family genealogy, birth, marriage, death, of statements of matters of interest to persons
the dates when and the places where these fast engaged in an occupation contained in a list, register,
occurred, and the names of the relatives. It embraces periodical, or other published compilation is
also facts of family history intimately connected with admissible as tending to prove the truth of any
pedigree. (33a) relevant matter so stated if that compilation is
published for use by persons engaged in that
Section 40. Family reputation or tradition regarding occupation and is generally used and relied upon by
pedigree. — The reputation or tradition existing in a them therein. (39)
family previous to the controversy, in respect to the
pedigree of any one of its members, may be received Section 46. Learned treatises. — A published treatise,
in evidence if the witness testifying thereon be also a periodical or pamphlet on a subject of history, law,
member of the family, either by consanguinity or science, or art is admissible as tending to prove the
affinity. Entries in family bibles or other family books truth of a matter stated therein if the court takes
or charts, engravings on rings, family portraits and judicial notice, or a witness expert in the subject
the like, may be received as evidence of pedigree. testifies, that the writer of the statement in the
(34a) treatise, periodical or pamphlet is recognized in his
profession or calling as expert in the subject. (40a)
Section 41. Common reputation. — Common
reputation existing previous to the controversy, Section 47. Testimony or deposition at a former
respecting facts of public or general interest more proceeding. — The testimony or deposition of a
 REMEDIAL LAW

witness deceased or unable to testify, given in a Section 5. Who must prosecute criminal actions. — All
former case or proceeding, judicial or administrative, criminal actions commenced by a complaint or
involving the same parties and subject matter, may information shall be prosecuted under the direction
be given in evidence against the adverse party who and control of the prosecutor. However, in Municipal
had the opportunity to cross-examine him. (41a) Trial Courts or Municipal Circuit Trial Courts when
the prosecutor assigned thereto or to the case is not
RULE 110 available, the offended party, any peace officer, or
public officer charged with the enforcement of the
Prosecution of Offenses law violated may prosecute the case. This authority
cease upon actual intervention of the prosecutor or
Section 1. Institution of criminal actions. — Criminal upon elevation of the case to the Regional Trial Court.
actions shall be instituted as follows:
The crimes of adultery and concubinage shall not be
(a) For offenses where a preliminary prosecuted except upon a complaint filed by the
investigation is required pursuant to section offended spouse. The offended party cannot institute
1 of Rule 112, by filing the complaint with the criminal prosecution without including the guilty
proper officer for the purpose of conducting parties, if both alive, nor, in any case, if the offended
the requisite preliminary investigation. party has consented to the offense or pardoned the
offenders.
(b) For all other offenses, by filing the
complaint or information directly with the The offenses of seduction, abduction and acts of
Municipal Trial Courts and Municipal Circuit lasciviousness shall not be prosecuted except upon a
Trial Courts, or the complaint with the office complaint filed by the offended party or her parents,
of the prosecutor. In Manila and other grandparents or guardian, nor, in any case, if the
chartered cities, the complaint shall be filed offender has been expressly pardoned by any of
with the office of the prosecutor unless them. If the offended party dies or becomes
otherwise provided in their charters. incapacitated before she can file the complaint, and
she has no known parents, grandparents or guardian,
the State shall initiate the criminal action in her
The institution of the criminal action shall interrupt
behalf.
the running period of prescription of the offense
charged unless otherwise provided in special laws.
(1a) The offended party, even if a minor, has the right to
initiate the prosecution of the offenses of seduction,
abduction and acts of lasciviousness independently of
Section 2. The Complaint or information. — The
her parents, grandparents, or guardian, unless she is
complaint or information shall be in writing, in the
incompetent or incapable of doing so. Where the
name of the People of the Philippines and against all
offended party, who is a minor, fails to file the
persons who appear to be responsible for the offense
complaint, her parents, grandparents, or guardian
involved. (2a)
may file the same. The right to file the action granted
to parents, grandparents or guardian shall be
Section 3. Complaint defined. — A complaint is a
exclusive of all other persons and shall be exercised
sworn written statement charging a person with an
successively in the order herein provided, except as
offense, subscribed by the offended party, any peace
stated in the preceding paragraph.
officer, or other public officer charged with the
enforcement of the law violated. (3)
No criminal action for defamation which consists in
the imputation of the offenses mentioned above shall
Section 4. Information defined. — An information is
be brought except at the instance of and upon
an accusation in writing charging a person with an
complaint filed by the offended party. (5a)
offense, subscribed by the prosecutor and filed with
the court. (4a)
The prosecution for violation of special laws shall be
governed by the provisions thereof. (n)
 REMEDIAL LAW

Section 6. Sufficiency of complaint or information. — committed constitutes an essential element of the

A complaint or information is sufficient if it states the offense or is necessary for its identification. (10a)
name of the accused; the designation of the offense
given by the statute; the acts or omissions Section 11. Date of commission of the offense. — It is
complained of as constituting the offense; the name not necessary to state in the complaint or
of the offended party; the approximate date of the information the precise date the offense was
commission of the offense; and the place where the committed except when it is a material ingredient of
offense was committed. the offense. The offense may be alleged to have been
committed on a date as near as possible to the actual
When an offense is committed by more than one date of its commission. (11a)
person, all of them shall be included in the complaint
or information. (6a) Section 12. Name of the offended party. — The
complaint or information must state the name and
Section 7. Name of the accused. — The complaint or surname of the person against whom or against
information must state the name and surname of the whose property the offense was committed, or any
accused or any appellation or nickname by which he appellation or nickname by which such person has
has been or is known. If his name cannot be been or is known. If there is no better way of
ascertained, he must be described under a fictitious identifying him, he must be described under a
name with a statement that his true name is fictitious name.
unknown.
(a) In offenses against property, if the name
If the true name of the accused is thereafter disclosed of the offended party is unknown, the
by him or appears in some other manner to the court, property must be described with such
such true name shall be inserted in the complaint or particularity as to properly identify the
information and record. (7a) offense charged.

Section 8. Designation of the offense. — The (b) If the true name of the of the person
complaint or information shall state the designation against whom or against whose properly the
of the offense given by the statute, aver the acts or offense was committed is thereafter disclosed
omissions constituting the offense, and specify its or ascertained, the court must cause the true
qualifying and aggravating circumstances. If there is name to be inserted in the complaint or
no designation of the offense, reference shall be made information and the record.
to the section or subsection of the statute punishing
it. (8a) (c) If the offended party is a juridical person,
it is sufficient to state its name, or any name
Section 9. Cause of the accusation. — The acts or or designation by which it is known or by
omissions complained of as constituting the offense which it may be identified, without need of
and the qualifying and aggravating circumstances averring that it is a juridical person or that it
must be stated in ordinary and concise language and is organized in accordance with law. (12a)
not necessarily in the language used in the statute but
in terms sufficient to enable a person of common Section 13. Duplicity of the offense. — A complaint or
understanding to know what offense is being charged information must charge but one offense, except
as well as its qualifying and aggravating when the law prescribes a single punishment for
circumstances and for the court to pronounce various offenses. (13a)
judgment. (9a)
Section 14. Amendment or substitution. — A
Section 10. Place of commission of the offense. — The complaint or information may be amended, in form
complaint or information is sufficient if it can be or in substance, without leave of court, at any time
understood from its allegations that the offense was before the accused enters his plea. After the plea and
committed or some of the essential ingredients during the trial, a formal amendment may only be
occurred at some place within the jurisdiction of the made with leave of court and when it can be done
court, unless the particular place where it was
 REMEDIAL LAW

without causing prejudice to the rights of the Penal Code shall be cognizable by the court
accused. where the criminal action is first filed. (15a)

However, any amendment before plea, which Section 16. Intervention of the offended party in
downgrades the nature of the offense charged in or criminal action. — Where the civil action for recovery
excludes any accused from the complaint or of civil liability is instituted in the criminal action
information, can be made only upon motion by the pursuant to Rule 111, the offended party may
prosecutor, with notice to the offended party and intervene by counsel in the prosecution of the
with leave of court. The court shall state its reasons in offense. (16a)
resolving the motion and copies of its order shall be
furnished all parties, especially the offended party. RULE 70
(n)
Forcible Entry and Unlawful Detainer
If it appears at any time before judgment that a
mistake has been made in charging the proper Section 1. Who may institute proceedings, and when.
offense, the court shall dismiss the original complaint — Subject to the provisions of the next succeeding
or information upon the filing of a new one charging section, a person deprived of the possession of any
the proper offense in accordance with section 19, land or building by force, intimidation, threat,
Rule 119, provided the accused shall not be placed in strategy, or stealth, or a lessor, vendor, vendee, or
double jeopardy. The court may require the other person against whom the possession of any
witnesses to give bail for their appearance at the trial. land or building is unlawfully withheld after the
(14a) expiration or termination of the right to hold
possession, by virtue of any contract, express or
Section 15. Place where action is to be instituted. — implied, or the legal representatives or assigns of any
such lessor, vendor, vendee, or other person, may, at
(a) Subject to existing laws, the criminal any time within one (1) year after such unlawful
action shall be instituted and tried in the deprivation or withholding of possession, bring an
court of the municipality or territory where action in the proper Municipal Trial Court against the
the offense was committed or where any of its person or persons unlawfully withholding or
essential ingredients occurred. depriving of possession, or any person or persons
claiming under them, for the restitution of such
(b) Where an offense is committed in a train, possession, together with damages and costs. (1a)
aircraft, or other public or private vehicle
while in the course of its trip, the criminal Section 2. Lessor to proceed against lessee only after
action shall be instituted and tried in the demand. — Unless otherwise stipulated, such action
court of any municipality or territory where by the lesser shall be commenced only after demand
such train, aircraft or other vehicle passed to pay or comply with the conditions of the lease and
during such its trip, including the place of its to vacate is made upon the lessee, or by serving
departure and arrival. written notice of such demand upon the person found
on the premises if no person be found thereon, and
(c) Where an offense is committed on board a the lessee fails to comply therewith after fifteen (15)
vessel in the course of its voyage, the criminal days in the case of land or five (5) days in the case of
action shall be instituted and tried in the buildings. (2a)
court of the first port of entry or of any
municipality or territory where the vessel Section 3. Summary procedure. — Except in cases
passed during such voyage, subject to the covered by the agricultural tenancy laws or when the
generally accepted principles of international law otherwise expressly provides, all actions for
law. forcible entry and unlawful detainer, irrespective of
the amount of damages or unpaid rentals sought to
(d) Crimes committed outside the Philippines be recovered, shall be governed by the summary
but punishable under Article 2 of the Revised procedure hereunder provided. (n)
 REMEDIAL LAW

Section 4. Pleadings allowed. — The only pleadings accordance with the next preceding section. All cross-
allowed to be filed are the complaint, compulsory claims shall be dismissed. (7, RSP)
counterclaim and cross-claim pleaded in the answer,
and the answers thereto. All pleadings shall be If a sole defendant shall fail to appear, the plaintiff
verified. (3a, RSP) shall likewise be entitled to judgment in accordance
with the next preceding section. This procedure shall
Section 5. Action on complaint. — The court may, not apply where one of two or more defendants sued
from an examination of the allegations in the under a common cause of action defense shall appear
complaint and such evidence as may be attached at the preliminary conference.
thereto, dismiss the case outright on any of the
grounds for the dismissal of a civil action which are No postponement of the preliminary conference shall
apparent therein. If no ground for dismissal is found, be granted except for highly meritorious grounds and
it shall forthwith issue summons. (n) without prejudice to such sanctions as the court in
the exercise of sound discretion may impose on the
Section 6. Answers. — Within ten (10) days from movant. (n)
service of summons, the defendant shall file his
answer to the complaint and serve a copy thereof on Section 9. Record of preliminary conference. —
the plaintiff. Affirmative and negative defenses not Within five (5) days after the termination of the
pleaded therein shall be deemed waived, except lack preliminary conference, the court shall issue an order
of jurisdiction over the subject matter. Cross-claims stating the matters taken up therein, including but
and compulsory counterclaims not asserted in the not limited to:
answer shall be considered barred. The answer to
counterclaims or cross-claims shall be served and 1. Whether the parties have arrived at an
filed within ten (10) days from service of the answer amicable settlement, and if so, the terms
in which they are pleaded. (5 RSP) thereof;

Section 7. Effect of failure to answer. — Should the 2. The stipulations or admissions entered into
defendant fail to answer the complaint within the by the parties;
period above provided, the court, motu proprio or on
motion of the plaintiff, shall render judgment as may 3. Whether, on the basis of the pleadings and
be warranted by the facts alleged in the complaint the stipulations and admission made by the
and limited to what is prayed for therein. The court parties, judgment may be rendered without
may in its discretion reduce the amount of damages the need of further proceedings, in which
and attorney's fees claimed for being excessive or event the judgment shall be rendered within
otherwise unconscionable, without prejudice to the thirty (30) days from issuance of the order;
applicability of section 3 (c), Rule 9 if there are two or
more defendants.  4. A clear specification of material facts which
(6, RSP) remain converted; and

Section 8. Preliminary conference; appearance of 5. Such other matters intended to expedite

parties. — Not later than thirty (30) days after the the disposition of the case. (8, RSP)
last answer is filed, a preliminary conference shall be
held. The provisions of Rule 18 on pre-trial shall be Section 10. Submission of affidavits and position
applicable to the preliminary conference unless papers. — Within ten (10) days from receipt of the
inconsistent with the provisions of this Rule. order mentioned in the next preceding section, the
parties shall submit the affidavits of their witnesses
The failure of the plaintiff to appear in the and other evidence on the factual issues defined in
preliminary conference shall be cause for the the order, together with their position papers setting
dismissal of his complaint. The defendant who forth the law and the facts relied upon by them. (9,
appears in the absence of the plaintiff shall be RSP)
entitled to judgment on his counterclaim in
 REMEDIAL LAW

Section 11. Period for rendition of judgment. — 9. Dilatory motions for postponement;
Within thirty (30) days after receipt of the affidavits
and position papers, or the expiration of the period 10. Reply;
for filing the same, the court shall render judgment.
11. Third-party complaints;
However, should the court find it necessary to clarify
certain material facts, during the said period, issue an 12. Interventions. (19a, RSP)
order specifying the matters to be clarified, and
require the parties to submit affidavits or other Section 14. Affidavits. — The affidavits required to
evidence on the said matters within ten (10) days be submitted under this Rule shall state only facts of
from receipt of said order. Judgment shall be direct personal knowledge of the affiants which are
rendered within fifteen (15) days after the receipt of admissible in evidence, and shall show their
the last affidavit or the expiration of the period for competence to testify to the matters stated therein.
filing the same.
A violation of this requirement may subject the party
The court shall not resort to the foregoing procedure or the counsel who submits the same to disciplinary
just to gain time for the rendition of the judgment. (n) action, and shall be cause to expunge the
inadmissible affidavit or portion thereof from the
Section 12. Referral for conciliation. — Cases record. (20, RSP)
requiring referral for conciliation, where there is no
showing of compliance with such requirement, shall Section 15. Preliminary injunction. — The court may
be dismissed without prejudice, and may be revived grant preliminary injunction, in accordance with the
only after that requirement shall have been complied provisions of Rule 58 hereof, to prevent the
with. (18a, RSP) defendant from committing further acts of
dispossession against the plaintiff.
Section 13. Prohibited pleadings and motions. — The
following petitions, motions, or pleadings shall not be A possessor deprived of his possession through
allowed: forcible from the filing of the complaint, present a
motion in the action for forcible entry or unlawful
1. Motion to dismiss the complaint except on detainer for the issuance of a writ of preliminary
the ground of lack of jurisdiction over the mandatory injunction to restore him in his
subject matter, or failure to comply with possession. The court shall decide the motion within
section 12; thirty (30) days from the filing thereof. (3a)

2. Motion for a bill of particulars; Section 16. Resolving defense of ownership. — When
the defendant raises the defense of ownership in his
3. Motion for new trial, or for reconsideration pleadings and the question of possession cannot be
of a judgment, or for reopening of trial; resolved without deciding the issue of ownership, the
issue of ownership shall be resolved only to
4. Petition for relief from judgment; determine the issue of possession. (4a)

5. Motion for extension of time to file Section 17. Judgment. — If after trial court finds that
pleadings, affidavits or any other paper; the allegations of the complaint are true, it shall
render judgment in favor of the plaintiff for the
6. Memoranda; restitution of the premises, the sum justly due as
arrears of rent or as reasonable compensation for the
7. Petition for certiorari, mandamus, or use and occupation of the premises, attorney's fees
prohibition against any interlocutory order and costs. If a counterclaim is established, the court
issued by the court; shall render judgment for the sum found in arrears
from either party and award costs as justice requires.
8. Motion to declare the defendant in default; (6a)
 REMEDIAL LAW

Section 18. Judgment conclusive only on shall order the execution of the judgment appealed
possession; not conclusive in actions involving title or from with respect to the restoration of possession,
ownership. — The judgment rendered in an action for but such execution shall not be a bar to the appeal
forcible entry or detainer shall be conclusive with taking its course until the final disposition thereof on
respect to the possession only and shall in no wise the merits.
bind the title or affect the ownership of the land or
building. Such judgment shall not bar an action After the case is decided by the Regional Trial Court,
between the same parties respecting title to the land any money paid to the court by the defendant for
or building. purposes of the stay of execution shall be disposed of
in accordance with the provisions of the judgment of
The judgment or final order shall be appealable to the the Regional Trial Court. In any case wherein it
appropriate Regional Trial Court which shall decide appears that the defendant has been deprived of the
the same on the basis of the entire record of the lawful possession of land or building pending the
proceedings had in the court of origin and such appeal by virtue of the execution of the judgment of
memoranda and/or briefs as may be submitted by the Municipal Trial Court, damages for such
the parties or required by the Regional Trial Court. deprivation of possession and restoration of
(7a) possession and restoration of possession may be
allowed the defendant in the judgment of the
Section 19. Immediate execution of judgment; how to Regional Trial Court disposing of the appeal. (8a)
stay same. — If judgment is rendered against the
defendant, execution shall issue immediately upon Section 20. Preliminary mandatory injunction in case
motion unless an appeal has been perfected and the of appeal. — Upon motion of the plaintiff, within ten
defendant to stay execution files a sufficient (10) days from the perfection of the appeal to the
supersedeas bond, approved by the Municipal Trial Regional Trial Court, the latter may issue a writ of
Court and executed in favor of the plaintiff to pay the preliminary mandatory injunction to restore the
rents, damages, and costs accruing down to the time plaintiff in possession if the court is satisfied that the
of the judgment appealed from, and unless, during defendant's appeal is frivolous or dilatory or that the
the pendency of the appeal, he deposits with the appeal of the plaintiff is prima facie meritorious. (9a)
appellate court the amount of rent due from time to
time under the contract, if any, as determined by the Section 21. Immediate execution on appeal to Court
judgment of the Municipal Trial Court. In the absence of Appeals or Supreme Court. — The judgment of the
of a contract, he shall deposit with the Regional Trial Regional Trial Court against the defendant shall be
Court the reasonable value of the use and occupation immediately executory, without prejudice to a
of the premises for the preceding month or period at further appeal that may be taken therefrom. (10a)
the rate determined by the judgment of the lower
court on or before the tenth day of each succeeding RULE 6 KINDS OF PLEADINGS
month or period. The supersedeas bond shall be Section 1. Pleadings defined. - Pleadings are the
transmitted by the Municipal Trial Court, with the written statements of the respective claims and
papers, to the clerk of the Regional Trial Court to defenses of the parties submitted to the court for
which the action is appealed. appropriate judgment. (1)
Section 2. Pleadings allowed. - The claims of a party
All amounts so paid to the appellate court shall be are asserted in a complaint, counterclaim, cross-
deposited with said court or authorized government claim, third (fourth, etc.)-party complaint, or
depositary bank, and shall be held there until the complaint-inintervention.
final disposition of the appeal, unless the court, by
agreement of the interested parties, or in the absence The defenses of a party are alleged in the answer to
of reasonable grounds of opposition to a motion to the pleading asserting a claim against him or her.
withdraw, or for justifiable reasons, shall decree
otherwise. Should the defendant fail to make the An answer may be responded to by a reply only if the
payments above prescribed from time to time during defending party attaches an actionable document to
the pendency of the appeal, the appellate court, upon the answer. (2a)
motion of the plaintiff, and upon proof of such failure,
 REMEDIAL LAW

Section 3. Complaint. - The complaint is the pleading transaction or occurrence that is the subject matter
alleging the plaintiff’s or claiming party’s cause or either of the original action or of a counterclaim
causes of action. The names and residences of the therein. Such cross-claim may cover all or part of the
plaintiff and defendant must be stated in the original claim. (8a)
complaint. (3a) Section 9. Counter-counterclaims and counter-cross-
Section 4. Answer. - An answer is a pleading in which claims. — A counterclaim may be asserted against an
a defending party sets forth his or her defenses. (4a) original counter-claimant.

Section 5. Defenses. — Defenses may either be A cross-claim may also be filed against an original
negative or affirmative. cross-claimant. (9)
Section 10. Reply. — All new matters alleged in the
(a) A negative defense is the specific denial of the answer are deemed controverted. If the plaintiff
material fact or facts alleged in the pleading of the wishes to interpose any claims arising out of the new
claimant essential to his or her cause or causes of matters so alleged, such claims shall be set forth in an
action. amended or supplemental complaint. However, the
plaintiff may file a reply only if the defending party
(b) An affirmative defense is an allegation of a new attaches an actionable document to his or her
matter which, while hypothetically admitting the answer.
material allegations in the pleading of the claimant,
would nevertheless prevent or bar recovery by him A reply is a pleading, the office or function of which is
or her. The affirmative defenses include fraud, statute to deny, or allege facts in denial or avoidance of new
of limitations, release, payment, illegality, statute of matters alleged in, or relating to, said actionable
frauds, estoppel, former recovery, discharge in document.
bankruptcy, and any other matter by way of
confession and avoidance. In the event of an actionable document attached to
the reply, the defendant may file a rejoinder if the
Affirmative defenses may also include grounds for same is based solely on an actionable document.
the dismissal of a complaint, specifically, that the (10a)
court has no jurisdiction over the subject matter, that
there is another action pending between the same Section 11. Third, (fourth, etc.)-party complaint. — A
parties for the same cause, or that the action is third (fourth, etc.)-party complaint is a claim that a
barred by a prior judgment. (5a) defending party may, with leave of court, file against
Section 6. Counterclaim. — A counterclaim is any a person not a party to the action, called the third
claim which a defending party may have against an (fourth, etc.)-party defendant for contribution,
opposing party. (6) indemnity, subrogation or any other relief, in respect
Section 7. Compulsory counterclaim. — A of his or her opponent's claim.
compulsory counterclaim is one which, being Page 3 of 52
cognizable by the regular courts of justice, arises out
of or is connected with the transaction or occurrence The third (fourth, etc.)-party complaint shall be
constituting the subject matter of the opposing denied admission, and the court shall require the
party's claim and does not require for its adjudication defendant to institute a separate action, where: (a)
the presence of third parties of whom the court
the third (fourth, etc.)party defendant cannot be
cannot acquire jurisdiction. Such a counterclaim must
be within the jurisdiction of the court both as to the located within thirty (30) calendar days from the
amount and the nature thereof, except that in an grant of such leave; (b) matters extraneous to the
original action before the Regional Trial Court, the issue in the principal case are raised; or (c) the effect
counterclaim may be considered compulsory would be to introduce a new and separate
regardless of the amount. A compulsory counterclaim controversy into the action. (11a)
not raised in the same action is barred, unless
otherwise allowed by these Rules. (7a) Section 12. Bringing new parties. — When the
Section 8. Cross-claim. - A cross-claim is any claim presence of parties other than those to the original
by one party against a co-party arising out of the
action is required for the granting of complete relief
 REMEDIAL LAW

in the determination of a counterclaim or cross-claim, Section 37. When repetition of objection

the court shall order them to be brought in as unnecessary. — When it becomes reasonably
defendants, if jurisdiction over them can be obtained. apparent in the course of the examination of a
witness that the question being propounded are of
(12)
the same class as those to which objection has been
Section 13. Answer to third (fourth, etc.)-party made, whether such objection was sustained or
overruled, it shall not be necessary to repeat the
complaint. — A third (fourth, etc.)party defendant
objection, it being sufficient for the adverse party to
may allege in his or her answer his or her defenses, record his continuing objection to such class of
counterclaims or cross-claims, including such questions. (37a)
defenses that the third (fourth, etc.)-party plaintiff
may have against the original plaintiff's claim. In Section 38. Ruling. — The ruling of the court must be
proper cases, he or she may also assert a given immediately after the objection is made, unless
counterclaim against the original plaintiff in respect the court desires to take a reasonable time to inform
itself on the question presented; but the ruling shall
of the latter's claim against the third-party plaintiff.
always be made during the trial and at such time as
(13a) will give the party against whom it is made an
opportunity to meet the situation presented by the
RULE 132 ruling.

C. OFFER AND OBJECTION The reason for sustaining or overruling an objection

need not be stated. However, if the objection is based
Section 34. Offer of evidence. — The court shall on two or more grounds, a ruling sustaining the
consider no evidence which has not been formally objection on one or some of them must specify the
offered. The purpose for which the evidence is ground or grounds relied upon. (38a)
offered must be specified. (35)
Section 39. Striking out answer. — Should a witness
Section 35. When to make offer. — As regards the answer the question before the adverse party had the
testimony of a witness, the offer must be made at the opportunity to voice fully its objection to the same,
time the witness is called to testify. and such objection is found to be meritorious, the
court shall sustain the objection and order the
Documentary and object evidence shall be offered answer given to be stricken off the record.
after the presentation of a party's testimonial
evidence. Such offer shall be done orally unless On proper motion, the court may also order the
allowed by the court to be done in writing. (n) striking out of answers which are incompetent,
irrelevant, or otherwise improper. (n)
Section 36. Objection. — Objection to evidence
offered orally must be made immediately after the Section 40. Tender of excluded evidence. — If
offer is made. documents or things offered in evidence are excluded
by the court, the offeror may have the same attached
Objection to a question propounded in the course of to or made part of the record. If the evidence
the oral examination of a witness shall be made as excluded is oral, the offeror may state for the record
soon as the grounds therefor shall become the name and other personal circumstances of the
reasonably apparent. witness and the substance of the proposed testimony.
(n)
An offer of evidence in writing shall be objected to
within three (3) days after notice of the unless a
different period is allowed by the court.
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In any case, the grounds for the objections must be
specified. (36a)