INTRODUCTION TO LAW evidence of the party presenting the

same. (n)
RULE 16
Section 3. Resolution of Motion. —
MOTION TO DISMISS
After the hearing, the court may
Section 1. Grounds. — Within the time dismiss the action or claim, deny the
for but before filing the answer to motion, or order the amendment of the
the complaint or pleading asserting a pleading.
claim, a motion to dismiss may be made The court shall not defer the
on any of the following grounds:
resolution of the motion for the
(a) That the court has no jurisdiction reason that the ground relied upon is
over the person of the defending not indubitable.
party;
In every case, the resolution shall
(b) That the court has no jurisdiction state clearly and distinctly the
over the subject matter of the claim; reasons therefor. (3a)

(c) That venue is improperly laid; Section 4. Time to plead. — If the

motion is denied, the movant shall
(d) That the plaintiff has no legal file his answer within the balance of
capacity to sue; the period prescribed by Rule 11 to
(e) That there is another action which he was entitled at the time of
pending between the same parties for serving his motion, but not less than
the same cause; five (5) days in any event, computed
from his receipt of the notice of the
(f) That the cause of action is barred denial. If the pleading is ordered to
by a prior judgment or by the statute be amended, he shall file his answer
of limitations; within the period prescribed by Rule
11 counted from service of the amended
(g) That the pleading asserting the
pleading, unless the court provides a
claim states no cause of action;
longer period. (4a)
(h) That the claim or demand set forth Section 5. Effect of dismissal. —
in the plaintiff's pleading has been
Subject to the right of appeal, an
paid, waived, abandoned, or otherwise
order granting a motion to dismiss
extinguished;
based on paragraphs (f), (h) and (i)
(i) That the claim on which the action of section 1 hereof shall bar the
is founded is enforceable under the refiling of the same action or claim.
provisions of the statute of frauds; (n)
and
Section 6. Pleading grounds as
(j) That a condition precedent for affirmative defenses. — If no motion
filing the claim has not been complied to dismiss has been filed, any of the
with. (1a) grounds for dismissal provided for in
this Rule may be pleaded as an
Section 2. Hearing of motion. — At the affirmative defense in the answer and,
hearing of the motion, the parties in the discretion of the court, a
shall submit their arguments on the preliminary hearing may be had thereon
questions of law and their evidence on as if a motion to dismiss had been
the questions of fact involved except filed. (5a)
those not available at that time.
Should the case go to trial, the The dismissal of the complaint under
evidence presented during the hearing this section shall be without
shall automatically be part of the prejudice to the prosecution in the
same or separate action of a
counterclaim pleaded in the answer. deposition of a person confined in
(n) prison may be taken only by leave of
court on such terms as the court
RULE 22
prescribes. (1a, R24)
Computation of Time
Section 2. Scope of examination. —
Section 1. How to compute time. — In Unless otherwise ordered by the court
computing any period of time as provided by section 16 or 18 of
prescribed or allowed by these Rules, this Rule, the deponent may be
or by order of the court, or by any examined regarding any matter, not
applicable statute, the day of the act privileged, which is relevant to the
or event from which the designated subject of the pending action, whether
period of time begins to run is to be relating to the claim or defense of
excluded and the date of performance any other party, including the
included. If the last day of the existence, description, nature,
period, as thus computed, falls on a custody, condition, and location of
Saturday a Sunday, or a legal holiday any books, documents, or other
in the place where the court sits, the tangible things and the identity and
time shall not run until the next location of persons having knowledge
working day. (a) of relevant facts. (2, R24)

Section 2. Effect of interruption. — Section 3. Examination and cross-

Should an act be done which examination. — Examination and cross-
effectively interrupts the running of examination of deponents may proceed
the period, the allowable period after as permitted at the trial under
such interruption shall start to run sections 3 to 18 of Rule 132. (3a,
on the day after notice of the R24)
cessation of the cause thereof. Section 4. Use of depositions. — At
The day of the act that caused the the trial or upon the hearing of a
interruption shall be excluded in the motion or an interlocutory proceeding,
computation of the period. (n) any part or all of a deposition, so
far as admissible under the rules of
evidence, may be used against any
MODES OF DISCOVERY R23-29 party who was present or represented
RULE 23 at the taking of the deposition or who
had due notice thereof, in accordance
Depositions Pending Action with any one of the following
provisions;
Section 1. Depositions pending
action, when may be taken. — By leave (a) Any deposition may be used by any
of court after jurisdiction has been party for the purpose of contradicting
obtained over any defendant or over or impeaching the testimony of
property which is the subject of the deponent as a witness;
action, or without such leave after an
answer has been served, the testimony (b) The deposition of a party or of
of any person, whether a party or not, any one who at the time of taking the
may be taken, at the instance of any deposition was an officer, director,
party, by deposition upon oral or managing agent of a public or
examination or written private corporation, partnership, or
interrogatories. The attendance of association which is a party may be
witnesses may be compelled by the use used by an adverse party for any
of a subpoena as provided in Rule 21. purpose;
Depositions shall be taken only in (c) The deposition of a witness,
accordance with these Rules. The whether or not a party, may be used by
any party for any purpose if the court witness were then present and
finds: (1) that the witness is dead, testifying (6, R24)
or (2) that the witness resides at a
Section 7. Effect of taking
distance more than one hundred (100)
kilometers from the place of trial or depositions. — A party shall not be
hearing, or is out of the Philippines, deemed to make a person his own
unless it appears that his absence was witness for any purpose by taking his
procured by the party offering the deposition. (7, R24)
deposition, or (3) that the witness is Section 8. Effect of using
unable to attend or testify because of depositions. — The introduction in
age, sickness, infirmity, or evidence of the deposition or any part
imprisonment, or (4) that the party thereof for any purpose other than
offering the deposition has been that of contradicting or impeaching
unable to procure the attendance of the deponent makes the deponent the
the witness by subpoena; or (5) upon witness of the party introducing the
application and notice, that such deposition, but this shall not apply
exceptional circumstances exist as to to the use by an adverse party of a
make it desirable, in the interest of deposition as described in paragraph
justice and with due regard to the (b) of section 4 of this Rule. (8,
importance of presenting the testimony R24)
of witnesses orally in open court, to
allow the deposition to be used; and Section 9. Rebutting deposition. — At
the trial or hearing any party may
(d) If only part of a deposition is rebut any relevant evidence contained
offered in evidence by a party, the in a deposition whether introduced by
adverse party may require him to him or by any other party. (9, R24)
introduce all of it which is relevant
to the part introduced, and any party Section 10. Persons before whom
may introduce any other parts. (4a, depositions may be taken within the
R24) Philippines. — Within the Philippines
depositions may be taken before any
Section 5. Effect of substitution of judge, notary public, or the person
parties. — Substitution of parties referred to in section 14 hereof.
does not affect the right to use (10a, R24)
depositions previously taken; and,
when an action has been dismissed and Section 11. Persons before whom
another action involving the same depositions may be taken in foreign
subject is afterward brought between countries. — In a foreign state or
the same parties or their country, depositions may be taken (a)
representatives or successors in on notice before a secretary of
interest, all depositions lawfully embassy or legation, consul general,
taken and duly filed in the former consul, vice-consul, or consular agent
action may be used in the latter as if of the Republic of the Philippines,
originally taken therefor. (5, R24) (b) before such person or officer as
may be appointed by commission or
Section 6. Objections to under letters rogatory; or (c) the
admissibility. — Subject to the person referred to in section 14
provisions of section 29 of this Rule, hereof. (11a, R24)
objection may be made at the trial or
hearing, to receiving in evidence any Section 12. Commission or letters
deposition or part thereof for any rogatory. — A commission or letters
reason which would require the rogatory shall be issued only when
exclusion of the evidence if the necessary or convenient, on
application and notice, and on such
terms, and with such direction as are
just and appropriate. Officers may be order that the deposition shall not be
designated in notices or commissions taken, or that it may be taken only at
either by name or descriptive title some designated place other than that
and letters rogatory may be addressed stated in the notice, or that it may
to the appropriate judicial authority be taken only on written
in the foreign country. (12a, R24) interrogatories, or that certain
matters shall not be inquired into, or
Section 13. Disqualification by
that the scope of the examination
interest. — No deposition shall be
shall be held with no one present
taken before a person who is a except the parties to the action and
relative within the sixth degree of their officers or counsel, or that
consanguinity or affinity, or employee after being sealed the deposition
or counsel of any of the parties, or shall be opened only by order of the
who is a relative within the same
court, or that secret processes,
degree, or employee of such counsel; developments, or research need not be
or who is financially interested in disclosed, or that the parties shall
the action. (13a, R24) simultaneously file specified
Section 14. Stipulations regarding documents or information enclosed in
taking of depositions. — If the sealed envelopes to be opened as
parties so stipulate in writing, directed by the court or the court may
depositions may be taken before any make any other order which justice
person authorized to administer oaths, requires to protect the party or
at any time or place, in accordance witness from annoyance, embarrassment,
with these Rules and when so taken may or oppression. (16a, R24)
be used like other depositions. (14a, Section 17. Record of
R24) examination, oath; objections. — The
Section 15. Deposition upon oral officer before whom the deposition is
examination; notice; time and place. — to be taken shall put the witness on
A party desiring to take the oath and shall personally, or by some
deposition of any person upon oral one acting under his direction and in
examination shall give reasonable his presence, record the testimony of
notice in writing, to every other the witness. The testimony shall be
party to the action. The notice shall taken stenographically unless the
state the time and place for taking parties agree otherwise. All
the deposition and the name and objections made at the time of the
address of each person to be examined, examination to the qualifications of
if known, and if the name is not the officer taking the deposition, or
known, a general description to the manner of talking it, or to the
sufficient to identify him or the evidence presented, or to the conduct
particular class or group to which he of any party, and any other objection
belongs. On motion of any party upon to the proceedings, shall be noted by
whom the notice is served, the court the officer upon the deposition.
may for cause shown enlarge or shorten Evidence objected to shall be taken
the time. (15, R24) subject to the objections. In lieu of
participating in the oral examination,
Section 16. Orders for the protection parties served with notice of taking a
of parties and deponents. — After deposition may transmit written
notice is served for taking a interrogatories to the officers, who
deposition by oral examination, upon shall propound them to the witness and
motion seasonably made by any party or record the answers verbatim. (17, R24)
by the person to be examined and for
good cause shown, the court in which Section 18. Motion to terminate or
the action is pending may make an limit examination. — At any time
during the taking of the deposition, to sign together with the reason be
on motion or petition of any party or given therefor, if any, and the
of the deponent, and upon a showing deposition may then be used as fully
that the examination is being as though signed, unless on a motion
conducted in bad faith or in such to suppress under section 29 (f) of
manner as unreasonably to annoy, this Rule, the court holds that the
embarrass, or oppress the deponent or reasons given for the refusal to sign
party, the court in which the action require rejection of the deposition in
is pending or the Regional Trial Court whole or in part. (19a, R24)
of the place where the deposition is
Section 20. Certification, and filing
being taken may order the officer
conducting the examination to cease by officer. — The officer shall
forthwith from taking the deposition, certify on the deposition that the
witness was duly sworn to by him and
or may limit the scope and manner of
the taking of the deposition, as that the deposition is a true record
provided in section 16 of this Rule. of the testimony given by the witness.
If the order made terminates the He shall then securely seal the
examination, it shall be resumed deposition in an envelope indorsed
thereafter only upon the order of the with the title of the action and
court in which the action is pending. marked "Deposition of (here insert the
Upon demand of the objecting party or name of witness)" and shall promptly
deponent, the taking of the deposition file it with the court in which the
shall be suspended for the time action is pending or send it by
necessary to make a notice for an registered mail to the clerk thereof
for filing. (20, R24)
order. In granting or refusing such
order, the court may impose upon Section 21. Notice of filing. — The
either party or upon the witness the officer taking the deposition shall
requirement to pay such costs or give prompt notice of its filing to
expenses as the court may deem all the parties. (21, R24)
reasonable. (18a, R24)
Section 22. Furnishing copies. — Upon
Section 19. Submission to payment of reasonable charges
witness; changes; signing. — When the therefor, the officer shall furnish a
testimony is fully transcribed, the copy of the deposition to any party or
deposition shall be submitted to the to the deponent. (22, R24)
witness for examination and shall be
read to or by him, unless such Section 23. Failure to attend of party
examination and reading are waived by giving notice. — If the party giving
the witness and by the parties. Any the notice of the taking of a
changes in form or substance which the deposition fails to attend and proceed
witness desires to make shall be therewith and another attends in
entered upon the deposition by the person or by counsel pursuant to the
officer with a statement of the notice, the court may order the party
reasons given by the witness for giving the notice to pay such other
making them. The deposition shall then party the amount of the reasonable
be signed by the witness, unless the expenses incurred by him and his
parties by stipulation waive the counsel in so attending, including
signing or the witness is ill or reasonable attorney's fees. (23a, R24)
cannot be found or refuses to sign. If Section 24. Failure of party giving
the deposition is not signed by the notice to serve subpoena. — If the
witness, the officer shall sign it and party giving the notice of the taking
state on the record the fact of the of a deposition of a witness fails to
waiver or of the illness or absence of serve a subpoena upon him and the
the witness or the fact of the refusal
witness because of such failure does Section 27. Notice of filing and
not attend, and if another party furnishing copies. — When a deposition
attends in person or by counsel upon interrogatories is filed, the
because he expects the deposition of officer taking it shall promptly give
that witness to be taken, the court notice thereof to all the parties, and
may order the party giving the notice may furnish copies to them or to the
to pay to such other party the amount deponent upon payment of reasonable
of the reasonable expenses incurred by charges therefor. (27, R24)
him and his counsel in so attending,
Section 28. Order for the protection
including reasonable attorney's fees.
(24a, R24) of parties and deponents. — After the
service of the interrogatories and
Section 25. Deposition upon written prior to the taking of the testimony
interrogatories; service of notice and of the deponent, the court in which
of interrogatories. — A party desiring the action is pending, on motion
to take the deposition of any person promptly made by a party or a
upon written interrogatories shall deponent, and for good cause shown,
serve them upon every other party with may make any order specified in
a notice stating the name and address sections 15, 16 and 18 of this Rule
of the person who is to answer them which is appropriate and just or an
and the name or descriptive title and order that the deposition shall not be
address of the officer before whom the taken before the officer designated in
deposition is to be taken. Within ten the notice or that it shall not be
(10) days thereafter, a party so taken except upon oral examination.
served may serve cross-interrogatories (28a, R24)
upon the party proposing to take the
Section 29. Effect of errors and
deposition. Within five (5) days
thereafter, the latter may serve re- irregularities in depositions. —
direct interrogatories upon a party (a) As to notice. — All errors and
who has served cross-interrogatories. irregularities in the notice for
Within three (3) days after being taking a deposition are waived unless
served with re-direct interrogatories, written objection is promptly served
a party may serve recross- upon the party giving the notice.
interrogatories upon the party
proposing to take the deposition. (25, (b) As to disqualification of officer.
R24) — Objection to taking a deposition
because of disqualification of the
Section 26. Officers to take responses officer before whom it is to be taken
and prepare record. — A copy of the is waived unless made before the
notice and copies of all taking of the deposition begins or as
interrogatories served shall be soon thereafter as the
delivered by the party taking the disqualification becomes known or
deposition to the officer designated could be discovered with reasonable
in the notice, who shall proceed diligence.
promptly, in the manner provided by
sections 17, 19 and 20 of this Rule, (c) As to competency or relevancy of
to take the testimony of the witness evidence. — Objections to the
in response to the interrogatories and competency of witness or the
to prepare, certify, and file or mail competency, relevancy, or materiality
the deposition, attaching thereto the of testimony are not waived by failure
copy of the notice and the to make them before or during the
interrogatories received by him. (26, taking of the deposition, unless the
R24) ground, of the objection is one which
might have been obviated or removed if cognizable in any court of the
presented at that time. Philippines may file a verified
petition in the court of the place of
(d) As to oral examination and other the residence of any expected adverse
particulars. — Errors and party. (1a R134)
irregularities occurring at the oral
examination in the manner of taking Section 2. Contents of petition. — The
the deposition in the form of the petition shall be entitled in the name
questions or answers, in the oath or of the petitioner and shall show: (a)
affirmation, or in the conduct of the that the petitioner expects to be a
parties and errors of any kind which party to an action in a court of the
might be obviated, removed, or cured Philippines but is presently unable to
if promptly prosecuted, are waived bring it or cause it to be brought;
unless reasonable objection thereto is (b) the subject matter of the expected
made at the taking of the deposition. action and his interest therein; (c)
the facts which he desires to
(e) As to form of written establish by the proposed testimony
interrogatories. — Objections to the and his reasons for desiring to
form of written interrogatories perpetuate it; (d) the names or a
submitted under sections 25 and 26 of description of the persons he expects
this Rule are waived unless served in will be adverse parties and their
writing upon the party propounding addresses so far as known; and (e) the
them within the time allowed for names and addresses of the persons to
serving succeeding cross or other be examined and the substance of the
interrogatories and within three (3) testimony which he expects to elicit
days after service of the last from each, and shall ask for an order
interrogatories authorized. authorizing the petitioner to take the
(f) As to manner of preparation. — depositions of the persons to be
Errors and irregularities in the examined named in the petition for the
manner in which the testimony is purpose of perpetuating their
transcribed or the deposition is testimony. (2, R134)
prepared, signed, certified, sealed, Section 3. Notice and service. — The
indorsed, transmitted, filed, or petitioner shall serve a notice upon
otherwise dealt with by the officer each person named in the petition as
under sections 17, 19, 20 and 26 of an expected adverse party, together
this Rule are waived unless a motion with a copy of the petition, stating
to suppress the deposition or some that the petitioner will apply to the
part thereof is made with reasonable court, at a time and place named
promptness after such defect is, or therein, for the order described in
with due diligence might have been,
the petition. At least twenty (20)
ascertained. (29a, R24)
days before the date of the hearing,
the court shall cause notice thereof
to be served on the parties and
prospective deponents in the manner
RULE 24 provided for service of summons. (3a,
Depositions Before Action or Pending R134)
Appeal Section 4. Order and examination. — If
Section 1. Depositions before the court is satisfied that the
action; petition. — A person who perpetuation of the testimony may
desires to perpetuate his own prevent a failure or delay of justice,
testimony or that of another person it shall make an order designating or
regarding any matter that may be describing the persons whose
deposition may be taken and specifying make an order allowing the deposition
the subject matter of the examination to be taken, and thereupon the
and whether the depositions shall be depositions may be taken and used in
taken upon oral examination or written the same manner and under the same
interrogatories. The depositions may conditions as are prescribed in these
be taken in accordance with Rule 23 Rules for depositions taken in pending
before the hearing. (4a, R134) actions. (7a, R134)
Section 5. Reference to court. — For
the purpose of applying Rule 23 to
depositions for perpetuating
RULE 25
testimony, each reference therein to
the court in which the action is Interrogatories to Parties
pending shall be deemed to refer to
the court in which the petition for Section 1. Interrogatories to
such deposition was filed. (5a, R134) parties; service thereof. — Under the
same conditions specified in section 1
Section 6. Use of deposition. — If a of Rule 23, any party desiring to
deposition to perpetuate testimony is elicit material and relevant facts
taken under this Rule, or if, although from any adverse parties shall file
not so taken, it would be admissible and serve upon the latter written
in evidence, it may be used in any interrogatories to be answered by the
action involving the same subject party served or, if the party served
matter sub-sequently brought in is a public or private corporation or
accordance with the provisions of a partnership or association, by any
sections 4 and 5 of Rule 23. (6a, officer thereof competent to testify
R134) in its behalf. (1a)
Section 7. Depositions pending appeal. Section 2. Answer to interrogatories.
— If an appeal has been taken from a — The interrogatories shall be
judgment of a court, including the answered fully in writing and shall be
Court of Appeals in proper cases, or signed and sworn to by the person
before the taking of an appeal if the making them. The party upon whom the
time therefor has not expired, the interrogatories have been served shall
court in which the judgment was file and serve a copy of the answers
rendered may allow the taking of on the party submitting the
depositions of witnesses to perpetuate interrogatories within fifteen (15)
their testimony for in the event of days after service thereof unless the
further proceedings in the said court. court on motion and for good cause
In such case the party who desires to shown, extends or shortens the time.
perpetuate the testimony may make a (2a)
motion in the said court for leave to
take the depositions, upon the same Section 3. Objections to
notice and service thereof as if the interrogatories. — Objections to any
action was pending therein. The motion interrogatories may be presented to
shall state (a) the names and the court within ten (10) days after
addresses of the persons to be service thereof, with notice as in
examined and the substance of the case of a motion; and answers shall be
testimony which he expects to elicit deferred until the objections are
from each, and (b) the reason for resolved, which shall be at as early a
perpetuating their testimony. If the time as is practicable. (3a)
court finds that the perpetuation of Section 4. Number of interrogatories.
the testimony is proper to avoid a — No party may, without leave of
failure or delay of justice, it may court, serve more than one set of
interrogatories to be answered by the the matters of which an admission is
same party. (4) requested or setting forth in detail
the reasons why he cannot truthfully
Section 5. Scope and use of
either admit or deny those matters.
interrogatories. — Interrogatories may
relate to any matters that can be Objections to any request for
inquired into under section 2 of Rule admission shall be submitted to the
23, and the answers may be used for court by the party requested within
the same purposes provided in section the period for and prior to the filing
4 of the same Rule. (5a) of his sworn statement as contemplated
in the preceding paragraph and his
Section 6. Effect of failure to serve
compliance therewith shall be deferred
written interrogatories. — Unless until such objections are resolved,
thereafter allowed by the court for which resolution shall be made as
good cause shown and to prevent a early as practicable. (2a)
failure of justice, a party not served
with written interrogatories may not Section 3. Effect of admission. — Any
be compelled by the adverse party to admission made by a party pursuant to
give testimony in open court, or to such request is for the purpose of the
give a deposition pending appeal. (n) pending action only and shall not
constitute an admission by him for any
other purpose nor may the same be used
against him in any other proceeding.
RULE 26 (3)

Admission by Adverse Party Section 4. Withdrawal. — The court may

allow the party making an admission
Section 1. Request for admission. — At under the Rule, whether express or
any time after issues have been implied, to withdraw or amend it upon
joined, a party may file and serve such terms as may be just. (4)
upon any other party may file and
serve upon any other party a written Section 5. Effect of failure to file
request for the admission by the and serve request for admission. —
latter of the genuineness of any Unless otherwise allowed by the court
material and relevant document for good cause shown and to prevent a
described in and exhibited with the failure of justice a party who fails
request or of the truth of any to file and serve a request for
material and relevant matter of fact admission on the adverse party of
set forth in the request. Copies of material and relevant facts at issue
the documents shall be delivered with which are, or ought to be, within the
the request unless copy have already personal knowledge of the latter,
been furnished. (1a) shall not be permitted to present
evidence on such facts. (n)
Section 2. Implied admission. — Each
of the matters of which an admission
is requested shall be deemed admitted
unless, within a period designated in RULE 27
the request, which shall not be less
than fifteen (15) days after service Production or Inspection of Documents
thereof, or within such further time or Things
as the court may allow on motion, the
Section 1. Motion for production or
party to whom the request is directed
files and serves upon the party inspection; order. — Upon motion of
requesting the admission a sworn any party showing good cause therefor,
statement either denying specifically the court in which an action is
pending may (a) order any party to examining physician setting out his
produce and permit the inspection and findings and conclusions. After such
copying or photographing, by or on request and delivery, the party
behalf of the moving party, of any causing the examination to be made
designated documents, papers, books, shall be entitled upon request to
accounts, letters, photographs, receive from the party examined a like
objects or tangible things, not report of any examination, previously
privileged, which constitute or or thereafter made, of the same mental
contain evidence material to any or physical condition. If the party
matter involved in the action and examined refuses to deliver such
which are in his possession, custody report, the court on motion and notice
or control, or (b) order any party to may make an order requiring delivery
permit entry upon designated land or on such terms as are just, and if a
other property in his possession or physician fails or refuses to make
control for the purpose of inspecting, such a report the court may exclude
measuring, surveying, or photographing his testimony if offered at the trial.
the property or any designated (3a)
relevant object or operation thereon.
Section 4. Waiver of privilege. — By
The order shall specify the time,
place and manner of making the requesting and obtaining a report of
inspection and taking copies and the examination so ordered or by
photographs, and may prescribe such taking the deposition of the examiner,
terms and conditions as are just. (1a) the party examined waives any
privilege he may have in that action
or any other involving the same
controversy, regarding the testimony
of every other person who has examined
RULE 28
or may thereafter examine him in
Physical and Mental Examination of respect of the same mental or physical
Persons examination. (4)

Section 1. When examination may be

ordered. — In an action in which the
mental or physical condition of a RULE 29
party is in controversy, the court in
which the action is pending may in its Refusal to Comply with Modes of
discretion order him to submit to a Discovery
physical or mental examination by a
Section 1. Refusal to answer. — If a
physician. (1)
party or other deponent refuses to
Section 2. Order for examination. — answer any question upon oral
The order for examination may be made examination, the examination may be
only on motion for good cause shown completed on other matters or
and upon notice to the party to be adjourned as the proponent of the
examined and to all other parties, and question may prefer. The proponent may
shall specify the time, place, manner, thereafter apply to the proper court
conditions and scope of the of the place where the deposition is
examination and the person or persons being taken, for an order to compel an
by whom it is to be made. (2) answer. The same procedure may be
availed of when a party or a witness
Section 3. Report of findings. — If
refuses to answer any interrogatory
requested by the party examined, the submitted under Rules 23 or 25.
party causing the examination to be
made shall deliver to him a copy of a If the application is granted, the
detailed written report of the court shall require the refusing party
or deponent to answer the question or to be established for the purposes of
interrogatory and if it also finds the action in accordance with the
that the refusal to answer was without claim of the party obtaining the
substantial justification, it may order;
require the refusing party or deponent
or the counsel advising the refusal, (b) An order refusing to allow the
or both of them, to pay the proponent disobedient party to support or oppose
the amount of the reasonable expenses designated claims or defenses or
prohibiting him from introducing in
incurred in obtaining the order,
including attorney's fees. evidence designated documents or
things or items of testimony, or from
If the application is denied and the introducing evidence of physical or
court finds that it was filed without mental condition;
substantial justification, the court
may require the proponent or the (c) An order striking out pleadings or
counsel advising the filing of the parts thereof, or staying further
application, or both of them, to pay proceedings until the order is obeyed,
to the refusing party or deponent the or dismissing the action or proceeding
amount of the reasonable expenses or any part thereof, or rendering a
incurred in opposing the application, judgment by default against the
including attorney's fees. (1a) disobedient party; and

Section 2. Contempt of court. — If a (d) In lieu of any of the foregoing

orders or in addition thereto, an
party or other witness refuses to be
order directing the arrest of any
sworn or refuses to answer any
question after being directed to do so party or agent of a party for
by the court of the place in which the disobeying any of such orders except
deposition is being taken, the refusal an order to submit to a physical or
mental examination. (3a)
may be considered a contempt of that
court. (2a) Section 4. Expenses on refusal to
Section 3. Other consequences. — If admit. — If a party after being served
any party or an officer or managing with a request under Rule 26 to admit
agent of a party refuses to obey an the genuineness of any document or the
order made under section 1 of this truth of any matter of fact serves a
Rule requiring him to answer sworn denial thereof and if the party
designated questions, or an order requesting the admissions thereafter
under Rule 27 to produce any document proves the genuineness of such
or other thing for inspection, document or the truth of any such
copying, or photographing or to permit matter of fact, he may apply to the
it to be done, or to permit entry upon court for an order requiring the other
land or other property or an order party to pay him the reasonable
made under Rule 28 requiring him to expenses incurred in making such
submit to a physical or mental proof, including attorney's fees.
examination, the court may make such Unless the court finds that there were
orders in regard to the refusal as are good reasons for the denial or that
just, and among others the following: admissions sought were of no
substantial importance, such order
(a) An order that the matters shall be issued. (4a)
regarding which the questions were
Section 5. Failure of party to attend
asked, or the character or description
of the thing or land, or the contents or serve answers. — If a party or an
of the paper, or the physical or officer or managing agent of a party
wilfully fails to appear before the
mental condition of the party, or any
officer who is to take his deposition,
other designated facts shall be taken
after being served with a proper claimant may file a motion to dismiss
notice, or fails to serve answers to on the ground of impropriety of the
interrogatories submitted under Rule interpleader action or on other
25 after proper service of such appropriate grounds specified in Rule
interrogatories, the court on motion 16. The period to file the answer
and notice, may strike out all or any shall be tolled and if the motion is
part of any pleading of that party, or denied, the movant may file his answer
dismiss the action or proceeding or within the remaining period, but which
any part thereof, or enter a judgment shall not be less than five (5) days
by default against that party, and in in any event, reckoned from notice of
its discretion, order him to pay denial. (n)
reasonable expenses incurred by the
Section 5. Answer and other pleadings.
other, including attorney's fees. (5)
— Each claimant shall file his answer
Section 6. Expenses against the setting forth his claim within fifteen
Republic of the Philippines. — (15) days from service of the summons
Expenses and attorney's fees are not upon him, serving a copy thereof upon
to be imposed upon the Republic of the each of the other conflicting
Philippines under this Rule. (6) claimants who may file their reply
thereto as provided by these Rules. If
SPECIAL CIVIL ACTIONS R62-71
any claimant fails to plead within the
RULE 62 time herein fixed, the court may, on
motion, declare him in default and
Interpleader thereafter render judgment barring him
Section 1. When interpleader proper. — from any claim in respect to the
Whenever conflicting claims upon the subject matter.
same subject matter are or may be made The parties in an interpleader action
against a person who claims no may file counterclaims, cross-claims,
interest whatever in the subject third-party complaints and responsive
matter, or an interest which in whole pleadings thereto, as provided by
or in part is not disputed by the these Rules. (4a, R63)
claimants, he may bring an action
against the conflicting claimants to Section 6. Determination. — After the
compel them to interplead and litigate pleadings of the conflicting claimants
their several claims among themselves. have been filed, and pre-trial has
(1a, R63) been conducted in accordance with the
Rules, the court shall proceed to
Section 2. Order. — Upon the filing of determine their respective rights and
the complaint, the court shall issue adjudicate their several claims. (5a,
an order requiring the conflicting R63)
claimants to interplead with one
another. If the interests of justice Section 7. Docket and other lawful
so require, the court may direct in fees, costs and litigation expenses as
such order that the subject matter be liens. — The docket and other lawful
paid or delivered to the court. (2a, fees paid by the party who filed a
R63) complaint under this Rule, as well as
the costs and litigation expenses,
Section 3. Summons. — Summons shall be shall constitute a lien or change upon
served upon the conflicting claimants, the subject matter of the action,
together with a copy of the complaint unless the court shall order
and order. (3, R63) otherwise. (6a, R63)
Section 4. Motion to dismiss. — Within
the time for filing an answer, each
RULE 63 General shall also be notified and
entitled to be heard. (4a, R64)
Declaratory Relief and Similar
Remedies Section 5. Court action discretionary.
— Except in actions falling under the
Section 1. Who may file petition. —
second paragraph of section 1 of this
Any person interested under a deed, Rule, the court, motu proprio or upon
will, contract or other written motion, may refuse to exercise the
instrument, or whose rights are power to declare rights and to
affected by a statute, executive order construe instruments in any case where
or regulation, ordinance, or any other a decision would not terminate the
governmental regulation may, before uncertainty or controversy which gave
breach or violation thereof bring an rise to the action, or in any case
action in the appropriate Regional where the declaration or construction
Trial Court to determine any question is not necessary and proper under the
of construction or validity arising, circumstances. (5a, R64)
and for a declaration of his rights or
duties, thereunder. (Bar Matter No. Section 6. Conversion into ordinary
803, 17 February 1998) action. — If before the final
termination of the case, a breach or
An action for the reformation of an violation of an instrument or a
instrument, to quiet title to real statute, executive order or
property or remove clouds therefrom, regulation, ordinance, or any other
or to consolidate ownership under
governmental regulation should take
Article 1607 of the Civil Code, may be
place, the action may thereupon be
brought under this Rule. (1a, R64)
converted into an ordinary action, and
Section 2. Parties. — All persons who the parties shall be allowed to file
have or claim any interest which would such pleadings as may be necessary or
be affected by the declaration shall proper. (6a, R64)
be made parties; and no declaration
shall, except as otherwise provided in
these Rules, prejudice the rights of
persons not parties to the action. RULE 64
(2a, R64)
Review of Judgments and Final Orders
Section 3. Notice on Solicitor or Resolutions of the Commission on
General. — In any action which Elections and the Commission on Audit
involves the validity of a statute,
Section 1. Scope. — This Rule shall
executive order or regulation, or any
other governmental regulation, the govern the review of judgments and
Solicitor General shall be notified by final orders or resolutions of the
Commission on Elections and the
the party assailing the same and shall
Commission on Audit. (n)
be entitled to be heard upon such
question. (3a, R64) Section 2. Mode of review. — A
Section 4. Local government judgment or final order or resolution
ordinances. — In any action involving of the Commission on Elections and the
the validity of a local government Commission on Audit may be brought by
ordinance, the corresponding the aggrieved party to the Supreme
prosecutor or attorney of the local Court on certiorari under Rule 65,
governmental unit involved shall be except as hereinafter provided. (n;
Bar Matter No. 803, 17 February 1998)
similarly notified and entitled to be
heard. If such ordinance is alleged to Section 3. Time to file petition. —
be unconstitutional, the Solicitor The petition shall be filed within
thirty (30) days from notice of the attached to the original copy of said
judgment or final order or resolution petition.
sought to be reviewed. The filing of a
motion for new trial or The petition shall state the specific
reconsideration of said judgment or material dates showing that it was
final order or resolution, if allowed filed within the period fixed herein,
under the procedural rules of the and shall contain a sworn
Commission concerned, shall interrupt certification against forum shopping
as provided in the third paragraph of
the period herein fixed. If the motion
section 3, Rule 46.
is denied, the aggrieved party may
file the petition within the remaining The petition shall further be
period, but which shall not be less accompanied by proof of service of a
than five (5) days in any event, copy thereof on the Commission
reckoned from notice of denial. (n) concerned and on the adverse party,
Section 4. Docket and other lawful and of the timely payment of docket
and other lawful fees.
fees. — Upon the filing of the
petition, the petitioner shall pay to The failure of petitioner to comply
the clerk of court the docket and with any of the foregoing requirements
other lawful fees and deposit the shall be sufficient ground for the
amount of P500.00 for costs. (n) dismissal of the petition. (n)
Section 5. Form and contents of Section 6. Order to comment. — If the
petition. — The petition shall be Supreme Court finds the petition
verified and filed in eighteen (18) sufficient in form and substance, it
legible copies. The petition shall shall order the respondents to file
name the aggrieved party as petitioner their comments on the petition within
and shall join as respondents the ten (10) days from notice thereof;
Commission concerned and the person or otherwise, the Court may dismiss the
persons interested in sustaining the petition outright. The Court may also
judgment, final order or dismiss the petition if it was filed
resolution a quo. The petition shall manifestly for delay or the questions
state the facts with certainty, raised are too unsubstantial to
present clearly the issues involved, warrant further proceedings. (n)
set forth the grounds and brief
arguments relied upon for review, and Section 7. Comments of respondents. —
pray for judgment annulling or The comments of the respondents shall
modifying the questioned judgment, be filed in eighteen (18) legible
final order or resolution. Findings of copies. The original shall be
fact of the Commission supported by accompanied by certified true copies
substantial evidence shall be final of such material portions of the
and non-reviewable. record as are referred to therein
together with other supporting papers.
The petition shall be accompanied by a The requisite number of copies of the
clearly legible duplicate original or comments shall contain plain copies of
certified true copy of the judgment, all documents attached to the original
final order or resolution subject and a copy thereof shall be served on
thereof, together with certified true the petitioner.
copies of such material portions of
the record as are referred to therein No other pleading may be filed by any
and other documents relevant and party unless required or allowed by
pertinent thereto. The requisite the Court. (n)
number of copies of the petition shall Section 8. Effect of filing. — The
contain plain copies of all documents filing of a petition
for certiorari shall not stay the whether exercising judicial, quasi-
execution of the judgment or final judicial or ministerial functions, are
order or resolution sought to be without or in excess of its or his
reviewed, unless the Supreme Court jurisdiction, or with grave abuse of
shall direct otherwise upon such terms discretion amounting to lack or excess
as it may deem just. (n) of jurisdiction, and there is no
appeal or any other plain, speedy, and
Section 9. Submission for decision. —
adequate remedy in the ordinary course
Unless the Court sets the case for
of law, a person aggrieved thereby may
oral argument, or requires the parties file a verified petition in the proper
to submit memoranda, the case shall be court, alleging the facts with
deemed submitted for decision upon the certainty and praying that judgment be
filing of the comments on the rendered commanding the respondent to
petition, or of such other pleadings
desist from further proceedings in the
or papers as may be required or action or matter specified therein, or
allowed, or the expiration of the otherwise granting such incidental
period to do so. (n) reliefs as law and justice may
require.
The petition shall likewise be
RULE 65 accompanied by a certified true copy
of the judgment, order or resolution
Certiorari, Prohibition and Mandamus subject thereof, copies of all
Section 1. Petition for certiorari. — pleadings and documents relevant and
When any tribunal, board or officer pertinent thereto, and a sworn
exercising judicial or quasi-judicial certification of non-forum shopping as
functions has acted without or in provided in the third paragraph of
excess its or his jurisdiction, or section 3, Rule 46. (2a)
with grave abuse of discretion Section 3. Petition for mandamus. —
amounting to lack or excess of When any tribunal, corporation, board,
jurisdiction, and there is no appeal, officer or person unlawfully neglects
or any plain, speedy, and adequate the performance of an act which the
remedy in the ordinary course of law, law specifically enjoins as a duty
a person aggrieved thereby may file a resulting from an office, trust, or
verified petition in the proper court, station, or unlawfully excludes
alleging the facts with certainty and another from the use and enjoyment of
praying that judgment be rendered a right or office to which such other
annulling or modifying the proceedings is entitled, and there is no other
of such tribunal, board or officer, plain, speedy and adequate remedy in
and granting such incidental reliefs the ordinary course of law, the person
as law and justice may require. aggrieved thereby may file a verified
The petition shall be accompanied by a petition in the proper court, alleging
certified true copy of the judgment, the facts with certainty and praying
order or resolution subject thereof, that judgment be rendered commanding
copies of all pleadings and documents the respondent, immediately or at some
relevant and pertinent thereto, and a other time to be specified by the
sworn certification of non-forum court, to do the act required to be
shopping as provided in the third done to protect the rights of the
paragraph of section 3, Rule 46. (1a) petitioner, and to pay the damages
sustained by the petitioner by reason
Section 2. Petition for prohibition. — of the wrongful acts of the
When the proceedings of any tribunal, respondent.
corporation, board, officer or person,
The petition shall also contain a in his or their own behalf and in
sworn certification of non-forum behalf of the public respondent or
shopping as provided in the third respondents affected by the
paragraph of section 3, Rule 46. (3a) proceedings, and the costs awarded in
such proceedings in favor of the
Section 4. When and where petition
petitioner shall be against the
filed. — The petition shall be filed private respondents only, and not
not later than sixty (60) days from against the judge, court, quasi-
notice of the judgment, order or
judicial agency, tribunal,
resolution. In case a motion for corporation, board, officer or person
reconsideration or new trial is timely impleaded as public respondent or
filed, whether such motion is required respondents.
or not, the sixty (60) day period
shall be counted from notice of the Unless otherwise specifically directed
denial of said motion. by the court where the petition is
pending, the public respondents shall
The petition shall be filed in the not appear in or file an answer or
Supreme Court or, if it relates to the comment to the petition or any
acts or omissions of a lower court or pleading therein. If the case is
of a corporation, board, officer or elevated to a higher court by either
person, in the Regional Trial Court party, the public respondents shall be
exercising jurisdiction over the included therein as nominal parties.
territorial area as defined by the However, unless otherwise specifically
Supreme Court. It may also be filed in directed by the court, they shall not
the Court of Appeals whether or not appear or participate in the
the same is in aid of its appellate proceedings therein. (5a)
jurisdiction, or in the Sandiganbayan
if it is in aid of its appellate Section 6. Order to comment. — If the
jurisdiction. If it involves the acts petition is sufficient in form and
or omissions of a quasi-judicial substance to justify such process, the
agency, unless otherwise provided by court shall issue an order requiring
law or these Rules, the petition shall the respondent or respondents to
be filed in and cognizable only by the comment on the petition within ten
Court of Appeals. (10) days from receipt of a copy
thereof. Such order shall be served on
No extension of time to file the the respondents in such manner as the
petition shall be granted except for court may direct together with a copy
compelling reason and in no case of the petition and any annexes
exceeding fifteen (15) days. (4a) (Bar thereto.
Matter No. 803, 21 July 1998; A.M. No.
00-2-03-SC) In petitions for certiorari before the
Supreme Court and the Court of
Section 5. Respondents and costs in
Appeals, the provisions of section 2,
certain cases. — When the petition Rule 56, shall be observed. Before
filed relates to the acts or omissions giving due course thereto, the court
of a judge, court, quasi-judicial may require the respondents to file
agency, tribunal, corporation, board, their comment to, and not a motion to
officer or person, the petitioner dismiss, the petition. Thereafter, the
shall join, as private respondent or court may require the filing of a
respondents with such public
reply and such other responsive or
respondent or respondents, the person other pleadings as it may deem
or persons interested in sustaining necessary and proper. (6a)
the proceedings in the court; and it
shall be the duty of such private Section 7. Expediting
respondents to appear and defend, both proceedings; injunctive relief. — The
court in which the petition is filed RULE 66
may issue orders expediting the
Quo Warranto
proceedings, and it may also grant a
temporary restraining order or a writ Section 1. Action by Government
of preliminary injunction for the against individuals. — An action for
preservation of the rights of the the usurpation of a public office,
parties pending such proceedings. The position or franchise may be commenced
petition shall not interrupt the by a verified petition brought in the
course of the principal case unless a name of the Republic of the
temporary restraining order or a writ Philippines against:
of preliminary injunction has been
issued against the public respondent (a) A person who usurps, intrudes
from further proceeding in the case. into, or unlawfully holds or exercises
(7a) a public office, position or
franchise;
Section 8. Proceedings after comment
is filed. — After the comment or other (b) A public officer who does or
pleadings required by the court are suffers an act which, by the provision
filed, or the time for the filing of law, constitutes a ground for the
thereof has expired, the court may forfeiture of his office; or
hear the case or require the parties (c) An association which acts as a
to submit memoranda. If after such corporation within the Philippines
hearing or submission of memoranda or without being legally incorporated or
the expiration of the period for the without lawful authority so to act.
filing thereof the court finds that (1a)
the allegations of the petition are
true, it shall render judgment for the Section 2. When Solicitor General or
relief prayed for or to which the public prosecutor must commence
petitioner is entitled. action. — The Solicitor General or a
public prosecutor, when directed by
The court, however, may dismiss the the President of the Philippines, or
petition if it finds the same to be when upon complaint or otherwise he
patently without merit, prosecuted has good reason to believe that any
manifestly for delay, or that the case specified in the preceding
questions raised therein are too section can be established by proof,
unsubstantial to require must commence such action. (3a)
consideration. (8a)
Section 3. When Solicitor General or
Section 9. Service and enforcement of public prosecutor may commence action
order or judgment. — A certified copy with permission of court. — The
of the judgment rendered in accordance Solicitor General or a public
with the last preceding section shall prosecutor may, with the permission of
be served upon the court, quasi- the court in which the action is to be
judicial agency, tribunal, commenced, bring such an action at the
corporation, board, officer or person request and upon the relation of
concerned in such manner as the court another person; but in such case the
may direct, and disobedience thereto officer bringing it may first require
shall be punished as contempt. An an indemnity for the expenses and
execution may issue for any damages or costs of the action in an amount
costs awarded in accordance with approved by and to be deposited in the
section 1 of Rule 39. (9a) court by the person at whose request
and upon whose relation the same is
brought. (4a)
Section 4. When hearing had on Section 8. Period for pleadings and
application for permission to commence proceedings may be reduced; action
action. — Upon application for given precedence. — The court may
permission to commence such action in reduce the period provided by these
accordance with the next preceding Rules for filing pleadings and for all
section, the court shall direct that other proceedings in the action in
notice be given to the respondent so order to secure the most expeditious
that he may be heard in opposition determination of the matters involved
thereto; and if permission is granted, therein consistent with the rights of
the court shall issue an order to that the parties. Such action may be given
effect, copies of which shall be precedence over any other civil matter
served on all interested parties, and pending in the court. (9a)
the petition shall then be filed
Section 9. Judgment where usurpation
within the period ordered by the
court. (5a) found. — When the respondent is found
guilty of usurping into, intruding
Section 5. When an individual may into, or unlawfully holding or
commence such an action. — A person exercising a public office, position
claiming to be entitled to a public or franchise, judgment shall be
office or position usurped or rendered that such respondent be
unlawfully held or exercised by ousted and altogether excluded
another may bring an action therefor therefrom, and that the petitioner or
in his own name. (6) relator, as the case may be, recover
his costs. Such further judgment may
Section 6. Parties and contents of
be rendered determining the respective
petition against usurpation. — When rights in and to the public office,
the action is against a person for position or franchise of all the
usurping a public office, position or parties to the action as justice
franchise, the petition shall set requires. (10a)
forth the name of the person who claim
to be entitled thereto, if any, with Section 10. Rights of persons adjudged
an averment of his right to the same entitled to public office; delivery of
and that the respondent is unlawfully books and papers; damages. — If
in possession thereof. All persons who judgment be rendered in favor of the
claim to be entitled to the public person averred in the complaint to be
office, position or franchise may be entitled to the public office he may,
made parties, and their respective after taking the oath of office and
rights to such public office, position executing any official bond required
or franchise determined, in the same by law, take upon himself the
action. (7a) execution of the office, and may
immediately thereafter demand of the
Section 7. Venue. — An action under
respondent all the books and papers in
the preceding six sections can be the respondent's custody or control
brought only in the Supreme Court, the appertaining to the office to which
Court of Appeals, or in the Regional the judgment relates. If the
Trial Court exercising jurisdiction respondent refuses or neglects to
over the territorial area where the deliver any book or paper pursuant to
respondent or any of the respondents such demand, he may be punished for
resides, but when the Solicitor contempt as having disobeyed a lawful
General commences the action, it may order of the court. The person
be brought in a Regional Trial Court adjudged entitled to the office may
in the City of Manila, in the Court of also bring action against the
Appeals, or in the Supreme Court. (8a) respondent to recover the damages
sustained by such person by reason of are the real owners, averment to that
the usurpation. (15a) effect shall be made in the complaint.
(1a)
Section 11. Limitations. — Nothing
contained in this Rule shall be Section 2. Entry of plaintiff upon
construed to authorize an action depositing value with authorized
against a public officer or employee government depositary. — Upon the
for his ouster from office unless the filing of the complaint or at any time
same be commenced within one (1) year thereafter and after due notice to the
after the cause of such ouster, or the defendant, the plaintiff shall have
right of the petitioner to hold such the right to take or enter upon the
office or position, arose, nor to possession of the real property
authorize an action for damages in involved if he deposits with the
accordance with the provisions of the authorized government depositary an
next preceding section unless the same amount equivalent to the assessed
be commenced within one (1) year after value of the property for purposes of
the entry of the judgment establishing taxation to be held by such bank
the petitioner's right to the office subject to the orders of the court.
in question. (16a) Such deposit shall be in money, unless
in lieu thereof the court authorizes
Section 12. Judgment for costs. — In
the deposit of a certificate of
an action brought in accordance with deposit of a government bank of the
the provisions of this Rule, the court Republic of the Philippines payable on
may render judgment for costs against demand to the authorized government
either the petitioner, the relator, or depositary.
the respondent, or the person or
persons claiming to be a corporation, If personal property is involved, its
or may apportion the costs, as justice value shall be provisionally
requires. (17a) ascertained and the amount to be
deposited shall be promptly fixed by
the court.
After such deposit is made the court
RULE 67
shall order the sheriff or other
Expropriation proper officer to forthwith place the
plaintiff in possession of the
Section 1. The complaint. — The right property involved and promptly submit
of eminent domain shall be exercised a report thereof to the court with
by the filing of a verified complaint service of copies to the parties. (2a)
which shall state with certainty the
right and purpose of expropriation, Section 3. Defenses and objections. —
describe the real or personal property If a defendant has no objection or
sought to be expropriated, and join as defense to the action or the taking of
defendants all persons owning or his property, he may file and serve a
claiming to own, or occupying, any notice of appearance and a
part thereof or interest therein, manifestation to that effect,
showing, so far as practicable, the specifically designating or
separate interest of each defendant. identifying the property in which he
If the title to any property sought to claims to be interested, within the
be expropriated appears to be in the time stated in the summons.
Republic of the Philippines, although Thereafter, he shall be entitled to
occupied by private individuals, or if notice of all proceedings affecting
the title is otherwise obscure or the same.
doubtful so that the plaintiff cannot
with accuracy or certainty specify who
If a defendant has any objection to not prevent the court from determining
the filing of or the allegations in the just compensation to be paid.
the complaint, or any objection or
defense to the taking of his property, After the rendition of such an order,
he shall serve his answer within the the plaintiff shall not be permitted
time stated in the summons. The answer to dismiss or discontinue the
shall specifically designate or proceeding except on such terms as the
identify the property in which he court deems just and equitable. (4a)
claims to have an interest, state the Section 5. Ascertainment of
nature and extent of the interest compensation. — Upon the rendition of
claimed, and adduce all his objections the order of expropriation, the court
and defenses to the taking of his shall appoint not more than three (3)
property. No counterclaim, cross-claim competent and disinterested persons as
or third-party complaint shall be commissioners to ascertain and report
alleged or allowed in the answer or to the court the just compensation for
any subsequent pleading. the property sought to be taken. The
A defendant waives all defenses and order of appointment shall designate
objections not so alleged but the the time and place of the first
court, in the interest of justice, may session of the hearing to be held by
permit amendments to the answer to be the commissioners and specify the time
made not later than ten (10) days from within which their report shall be
the filing thereof. However, at the submitted to the court.
trial of the issue of just Copies of the order shall be served on
compensation whether or not a the parties. Objections to the
defendant has previously appeared or appointment of any of the
answered, he may present evidence as commissioners shall be filed with the
to the amount of the compensation to court within ten (10) days from
be paid for his property, and he may service, and shall be resolved within
share in the distribution of the thirty (30) days after all the
award. (n) commissioners shall have received
Section 4. Order of expropriation. — copies of the objections. (5a)
If the objections to and the defenses Section 6. Proceedings by
against the right of the plaintiff to commissioners. — Before entering upon
expropriate the property are the performance of their duties, the
overruled, or when no party appears to commissioners shall take and subscribe
defend as required by this Rule, the an oath that they will faithfully
court may issue an order of perform their duties as commissioners,
expropriation declaring that the which oath shall be filed in court
plaintiff has a lawful right to take with the other proceedings in the
the property sought to be case. Evidence may be introduced by
expropriated, for the public use or either party before the commissioners
purpose described in the complaint, who are authorized to administer oaths
upon the payment of just compensation on hearings before them, and the
to be determined as of the date of the commissioners shall, unless the
taking of the property or the filing parties consent to the contrary, after
of the complaint, whichever came due notice to the parties, to attend,
first. view and examine the property sought
A final order sustaining the right to to be expropriated and its
expropriate the property may be surroundings, and may measure the
appealed by any party aggrieved same, after which either party may, by
thereby. Such appeal, however, shall himself or counsel, argue the case.
The commissioners shall assess the
consequential damages to the property of such period but after all the
not taken and deduct from such interested parties have filed their
consequential damages the objections to the report or their
consequential benefits to be derived statement of agreement therewith, the
by the owner from the public use or court may, after hearing, accept the
purpose of the property taken, the report and render judgment in
operation of its franchise by the accordance therewith, or, for cause
corporation or the carrying on of the shown, it may recommit the same to the
business of the corporation or person commissioners for further report of
taking the property. But in no case facts, or it may set aside the report
shall the consequential benefits and appoint new commissioners; or it
assessed exceed the consequential may accept the report in part and
damages assessed, or the owner be reject it in part and it may make such
deprived of the actual value of his order or render such judgment as shall
property so taken. (6a) secure to the plaintiff the property
essential to the exercise of his right
Section 7. Report by commissioners and
of expropriation, and to the defendant
judgment thereupon. — The court may just compensation for the property so
order the commissioners to report when taken. (8a)
any particular portion of the real
estate shall have been passed upon by Section 9. Uncertain
them, and may render judgment upon ownership; conflicting claims. — If
such partial report, and direct the the ownership of the property taken is
commissioners to proceed with their uncertain, or there are conflicting
work as to subsequent portions of the claims to any part thereof, the court
property sought to be expropriated, may order any sum or sums awarded as
and may from time to time so deal with compensation for the property to be
such property. The commissioners shall paid to the court for the benefit of
make a full and accurate report to the the person adjudged in the same
court of all their proceedings, and proceeding to be entitled thereto. But
such proceedings shall not be the judgment shall require the payment
effectual until the court shall have of the sum or sums awarded to either
accepted their report and rendered the defendant or the court before the
judgment in accordance with their plaintiff can enter upon the property,
recommendations. Except as otherwise or retain it for the public use or
expressly ordered by the court, such purpose if entry has already been
report shall be filed within sixty made. (9a)
(60) days from the date the
Section 10. Rights of plaintiff after
commissioners were notified of their
appointment, which time may be judgment and payment. — Upon payment
extended in the discretion of the by the plaintiff to the defendant of
court. Upon the filing of such report, the compensation fixed by the
the clerk of the court shall serve judgment, with legal interest thereon
copies thereof on all interested from the taking of the possession of
parties, with notice that they are the property, or after tender to him
allowed ten (10) days within which to of the amount so fixed and payment of
file objections to the findings of the the costs, the plaintiff shall have
report, if they so desire. (7a) the right to enter upon the property
expropriated and to appropriate it for
Section 8. Action upon the public use or purpose defined in
commissioners' report. — Upon the the judgment, or to retain it should
expiration of the period of ten (10) he have taken immediate possession
days referred to in the preceding thereof under the provisions of
section, or even before the expiration section 2 hereof. If the defendant and
his counsel absent themselves from the real estate so described for such
court, or decline to receive the public use or purpose. (13a)
amount tendered, the same shall be
Section 14. Power of guardian in such
ordered to be deposited in court and
such deposit shall have the same proceedings. — The guardian or
effect as actual payment thereof to guardian ad litem of a minor or of a
the defendant or the person ultimately person judicially declared to be
adjudged entitled thereto. (10a) incompetent may, with the approval of
the court first had, do and perform on
Section 11. Entry not delayed by behalf of his ward any act, matter, or
appeal; effect of reversal. — The thing respecting the expropriation for
right of the plaintiff to enter upon public use or purpose of property
the property of the defendant and belonging to such minor or person
appropriate the same for public use or judicially declared to be incompetent,
purpose shall not be delayed by an which such minor or person judicially
appeal from the judgment. But if the declared to be incompetent could do in
appellate court determines that such proceedings if he were of age or
plaintiff has no right of competent. (14a)
expropriation, judgment shall be
rendered ordering the Regional Trial
Court to forthwith enforce the
restoration to the defendant of the RULE 68
possession of the property, and to
determine the damages which the Foreclosure of Real Estate Mortgage
defendant sustained and may recover by Section 1. Complaint in action for
reason of the possession taken by the foreclosure. — In an action for the
plaintiff. (11a) foreclosure of a mortgage or other
Section 12. Costs, by whom paid. — The encumbrance upon real estate, the
fees of the commissioners shall be complaint shall set forth the date and
taxed as a part of the costs of the due execution of the mortgage; its
proceedings. All costs, except those assignments, if any; the names and
of rival claimants litigating their residences of the mortgagor and the
claims, shall be paid by the mortgagee; a description of the
plaintiff, unless an appeal is taken mortgaged property; a statement of the
by the owner of the property and the date of the note or other documentary
judgment is affirmed, in which event evidence of the obligation secured by
the costs of the appeal shall be paid the mortgage, the amount claimed to be
by the owner. (12a) unpaid thereon; and the names and
residences of all persons having or
Section 13. Recording judgment, and claiming an interest in the property
its effect. — The judgment entered in subordinate in right to that of the
expropriation proceedings shall state holder of the mortgage, all of whom
definitely, by an adequate shall be made defendants in the
description, the particular property action. (1a)
or interest therein expropriated, and
the nature of the public use or Section 2. Judgment on foreclosure for
purpose for which it is expropriated. payment or sale. — If upon the trial
When real estate is expropriated, a in such action the court shall find
certified copy of such judgment shall the facts set forth in the complaint
be recorded in the registry of deeds to be true, it shall ascertain the
of the place in which the property is amount due to the plaintiff upon the
situated, and its effect shall be to mortgage debt or obligation, including
vest in the plaintiff the title to the interest and other charges as approved
by the court, and costs, and shall
render judgment for the sum so found when there shall be any balance or
due and order that the same be paid to residue, after paying off the mortgage
the court or to the judgment obligee debt due, the same shall be paid to
within a period of not less than junior encumbrancers in the order of
ninety (90) days nor more than one their priority, to be ascertained by
hundred twenty (120) days from the the court, or if there be no such
entry of judgment, and that in default encumbrancers or there be a balance or
of such payment the property shall be residue after payment to them, then to
sold at public auction to satisfy the the mortgagor or his duly authorized
judgment. (2a) agent, or to the person entitled to
it. (4a)
Section 3. Sale of mortgaged
property; effect. — When the Section 5. How sale to proceed in case
defendant, after being directed to do the debt is not all due. — If the debt
so as provided in the next preceding for which the mortgage or encumbrance
section, fails to pay the amount of was held is not all due as provided in
the judgment within the period the judgment as soon as a sufficient
specified therein, the court, upon portion of the property has been sold
motion, shall order the property to be to pay the total amount and the costs
sold in the manner and under the due, the sale shall terminate; and
provisions of Rule 39 and other afterwards as often as more becomes
regulations governing sales of real due for principal or interest and
estate under execution. Such sale other valid charges, the court may, on
shall not affect the rights of persons motion, order more to be sold. But if
holding prior encumbrances upon the the property cannot be sold in
property or a part thereof, and when portions without prejudice to the
confirmed by an order of the court, parties, the whole shall be ordered to
also upon motion, it shall operate to be sold in the first instance, and the
divest the rights in the property of entire debt and costs shall be paid,
all the parties to the action and to if the proceeds of the sale be
vest their rights in the purchaser, sufficient therefor, there being a
subject to such rights of redemption rebate of interest where such rebate
as may be allowed by law. is proper. (5a)
Upon the finality of the order of Section 6. Deficiency judgment. — If
confirmation or upon the expiration of upon the sale of any real property as
the period of redemption when allowed provided in the next preceding section
by law, the purchaser at the auction there be a balance due to the
sale or last redemptioner, if any, plaintiff after applying the proceeds
shall be entitled to the possession of of the sale, the court, upon motion,
the property unless a third party is shall render judgment against the
actually holding the same adversely to defendant for any such balance for
the judgment obligor. The said which, by the record of the case, he
purchaser or last redemptioner may may be personally liable to the
secure a writ of possession, upon plaintiff, upon which execution may
motion, from the court which ordered issue immediately if the balance is
the foreclosure. (3a) all due at the time of the rendition
of the judgment; otherwise; the
Section 4. Disposition of proceeds of
plaintiff shall be entitled to
sale. — The amount realized from the execution at such time as the balance
foreclosure sale of the mortgaged remaining becomes due under the terms
property shall, after deducting the of the original contract, which time
costs of the sale, be paid to the shall be stated in the judgment. (6a)
person foreclosing the mortgage, and
Section 7. Registration. — A certified partition of real estate may do so as
copy of the final order of the court provided in this Rule, setting forth
confirming the sale shall be in his complaint the nature and extent
registered in the registry of deeds. of his title and an adequate
If no right of redemption exists, the description of the real estate of
certificate of title in the name of which partition is demanded and
the mortgagor shall be cancelled, and joining as defendants all other
a new one issued in the name of the persons interested in the property.
purchaser. (1a)
Where a right of redemption exists, Section 2. Order for partition and
the certificate of title in the name partition by agreement thereunder. —
of the mortgagor shall not be If after the trial the court finds
cancelled, but the certificate of sale that the plaintiff has the right
and the order confirming the sale thereto, it shall order the partition
shall be registered and a brief of the real estate among all the
memorandum thereof made by the parties in interest. Thereupon the
registrar of deeds upon the parties may, if they are able to
certificate of title. In the event the agree, make the partition among
property is redeemed, the deed of themselves by proper instruments of
redemption shall be registered with conveyance, and the court shall
the registry of deeds, and a brief confirm the partition so agreed upon
memorandum thereof shall be made by by all the parties, and such
the registrar of deeds on said partition, together with the order of
certificate of title. the court confirming the same, shall
be recorded in the registry of deeds
If the property is not redeemed, the of the place in which the property is
final deed of sale executed by the situated. (2a)
sheriff in favor of the purchaser at
the foreclosure sale shall be A final order decreeing partition and
registered with the registry of deeds; accounting may be appealed by any
whereupon the certificate of title in party aggrieved thereby. (n)
the name of the mortgagor shall be
Section 3. Commissioners to make
cancelled and a new one issued in the
name of the purchaser. (n) partition when parties fail to agree.
— If the parties are unable to agree
Section 8. Applicability of other upon the partition, the court shall
provisions. — The provisions of appoint not more than three (3)
sections 31, 32 and 34 of Rule 39 competent and disinterested persons as
shall be applicable to the judicial commissioners to make the partition,
foreclosure of real estate mortgages commanding them to set off to the
under this Rule insofar as the former plaintiff and to each party in
are not inconsistent with or may serve interest such part and proportion of
to supplement the provisions of the the property as the court shall
latter. (8a) direct. (3a)
Section 4. Oath and duties of
commissioners. — Before making such
partition; the commissioners shall
RULE 69
take and subscribe an oath that they
Partition will faithfully perform their duties
as commissioners, which oath shall be
Section 1. Complaint in action for filed in court with the other
partition of real estate. — A person proceedings in the case. In making the
having the right to compel the partition, the commissioners shall
view and examine the real estate, days referred to in the preceding
after due notice to the parties to section or even before the expiration
attend at such view and examination, of such period but after the
and shall hear the parties as to their interested parties have filed their
preference in the portion of the objections to the report or their
property to be set apart to them and statement of agreement therewith the
the comparative value thereof, and court may, upon hearing, accept the
shall set apart the same to the report and render judgment in
parties in lots or parcels as will be accordance therewith, or, for cause
most advantageous and equitable, shown recommit the same to the
having due regard to the improvements, commissioners for further report of
situation and quality of the different facts; or set aside the report and
parts thereof. (4a) appoint new commissioners; or accept
the report in part and reject it in
Section 5. Assignment or sale of real
part; and may make such order and
estate by commissioners. — When it is render such judgment as shall
made to appear to the commissioners effectuate a fair and just partition
that the real state, or a portion of the real estate, or of its value,
thereof, cannot be divided without if assigned or sold as above provided,
prejudice to the interests of the between the several owners thereof.
parties, the court may order it (7)
assigned to one of the parties willing
to take the same, provided he pays to Section 8. Accounting for rent and
the other parties such amount as the profits in action for partition. — In
commissioners deem equitable, unless an action for partition in accordance
one of the interested parties asks with this Rule, a party shall recover
that the property be sold instead of from another his just share of rents
being so assigned, in which case the and profits received by such other
court shall order the commissioners to party from the real estate in
sell the real estate at public sale question, and the judgment shall
under such conditions and within such include an allowance for such rents
time as the court may determine. (5a) and profits. (8a)
Section 6. Report of Section 9. Power of guardian in such
commissioners; proceedings not binding proceedings. — The guardian or
until confirmed. — The commissioners guardian ad litem of a minor or person
shall make a full and accurate report judicially declared to be incompetent
to the court of all their proceedings may, with the approval of the court
as to the partition, or the assignment first had, do and perform on behalf of
of real estate to one of the parties, his ward any act, matter, or thing
or the sale of the same. Upon the respecting the partition of real
filing of such report, the clerk of estate, which the minor or person
court shall serve copies thereof on judicially declared to be incompetent
all the interested parties with notice could do in partition proceedings if
that they are allowed ten (10) days he were of age or competent. (9a)
within which to file objections to the
Section 10. Costs and expenses to be
findings of the report, if they so
desire. No proceeding had before or taxed and collected. — The court shall
conducted by the commissioners and equitably tax and apportion between or
rendered judgment thereon. (6a) among the parties the costs and
expenses which accrue in the action,
Section 7. Action of the court upon including the compensation of the
commissioners report. — Upon the commissioners, having regard to the
expiration of the period of ten (10) interests of the parties, and
execution may issue therefor as in among whom the partition may have been
other cases. (10a) made, nor so as to restrict or prevent
persons holding real estate jointly or
Section 11. The judgment and its
in common from making an amicable
effect; copy to be recorded in partition thereof by agreement and
registry of deeds. — If actual suitable instruments of conveyance
partition of property is made, the without recourse to an action. (12a)
judgment shall state definitely, by
metes and bounds and adequate Section 13. Partition of personal
description, the particular portion of property. — The provisions of this
the real estate assigned to each Rule shall apply to partitions of
party, and the effect of the judgment estates composed of personal property,
shall be to vest in each party to the or of both real and personal property,
action in severalty the portion of the in so far as the same may be
real estate assigned to him. If the applicable. (13)
whole property is assigned to one of
the parties upon his paying to the
others the sum or sums ordered by the
court, the judgment shall state the RULE 70
fact of such payment and of the
assignment of the real estate to the Forcible Entry and Unlawful Detainer
party making the payment, and the Section 1. Who may institute
effect of the judgment shall be to proceedings, and when. — Subject to
vest in the party making the payment the provisions of the next succeeding
the whole of the real estate free from section, a person deprived of the
any interest on the part of the other possession of any land or building by
parties to the action. If the property force, intimidation, threat, strategy,
is sold and the sale confirmed by the or stealth, or a lessor, vendor,
court, the judgment shall state the vendee, or other person against whom
name of the purchaser or purchasers the possession of any land or building
and a definite description of the is unlawfully withheld after the
parcels of real estate sold to each expiration or termination of the right
purchaser, and the effect of the to hold possession, by virtue of any
judgment shall be to vest the real contract, express or implied, or the
estate in the purchaser or purchasers legal representatives or assigns of
making the payment or payments, free any such lessor, vendor, vendee, or
from the claims of any of the parties other person, may, at any time within
to the action. A certified copy of the one (1) year after such unlawful
judgment shall in either case be deprivation or withholding of
recorded in the registry of deeds of possession, bring an action in the
the place in which the real estate is proper Municipal Trial Court against
situated, and the expenses of such the person or persons unlawfully
recording shall be taxed as part of withholding or depriving of
the costs of the action. (11a) possession, or any person or persons
Section 12. Neither paramount rights claiming under them, for the
nor amicable partition affected by restitution of such possession,
this Rule. — Nothing in this Rule together with damages and costs. (1a)
contained shall be construed so as to Section 2. Lessor to proceed against
prejudice, defeat, or destroy the lessee only after demand. — Unless
right or title of any person claiming otherwise stipulated, such action by
the real estate involved by title the lesser shall be commenced only
under any other person, or by title after demand to pay or comply with the
paramount to the title of the parties conditions of the lease and to vacate
is made upon the lessee, or by serving Section 7. Effect of failure to
written notice of such demand upon the answer. — Should the defendant fail to
person found on the premises if no answer the complaint within the period
person be found thereon, and the above provided, the court, motu
lessee fails to comply therewith after proprio or on motion of the plaintiff,
fifteen (15) days in the case of land shall render judgment as may be
or five (5) days in the case of warranted by the facts alleged in the
buildings. (2a) complaint and limited to what is
prayed for therein. The court may in
Section 3. Summary procedure. — Except
its discretion reduce the amount of
in cases covered by the agricultural damages and attorney's fees claimed
tenancy laws or when the law otherwise for being excessive or otherwise
expressly provides, all actions for unconscionable, without prejudice to
forcible entry and unlawful detainer,
the applicability of section 3 (c),
irrespective of the amount of damages Rule 9 if there are two or more
or unpaid rentals sought to be defendants.
recovered, shall be governed by the (6, RSP)
summary procedure hereunder provided.
(n) Section 8. Preliminary
conference; appearance of parties. —
Section 4. Pleadings allowed. — The
Not later than thirty (30) days after
only pleadings allowed to be filed are the last answer is filed, a
the complaint, compulsory counterclaim preliminary conference shall be held.
and cross-claim pleaded in the answer, The provisions of Rule 18 on pre-trial
and the answers thereto. All pleadings shall be applicable to the preliminary
shall be verified. (3a, RSP) conference unless inconsistent with
Section 5. Action on complaint. — The the provisions of this Rule.
court may, from an examination of the The failure of the plaintiff to appear
allegations in the complaint and such in the preliminary conference shall be
evidence as may be attached thereto, cause for the dismissal of his
dismiss the case outright on any of complaint. The defendant who appears
the grounds for the dismissal of a in the absence of the plaintiff shall
civil action which are apparent be entitled to judgment on his
therein. If no ground for dismissal is counterclaim in accordance with the
found, it shall forthwith issue next preceding section. All cross-
summons. (n) claims shall be dismissed. (7, RSP)
Section 6. Answers. — Within ten (10)
If a sole defendant shall fail to
days from service of summons, the appear, the plaintiff shall likewise
defendant shall file his answer to the be entitled to judgment in accordance
complaint and serve a copy thereof on with the next preceding section. This
the plaintiff. Affirmative and procedure shall not apply where one of
negative defenses not pleaded therein two or more defendants sued under a
shall be deemed waived, except lack of common cause of action defense shall
jurisdiction over the subject matter. appear at the preliminary conference.
Cross-claims and compulsory
counterclaims not asserted in the No postponement of the preliminary
answer shall be considered barred. The conference shall be granted except for
answer to counterclaims or cross- highly meritorious grounds and without
claims shall be served and filed prejudice to such sanctions as the
within ten (10) days from service of court in the exercise of sound
the answer in which they are pleaded. discretion may impose on the movant.
(5 RSP) (n)
Section 9. Record of preliminary the said matters within ten (10) days
conference. — Within five (5) days from receipt of said order. Judgment
after the termination of the shall be rendered within fifteen (15)
preliminary conference, the court days after the receipt of the last
shall issue an order stating the affidavit or the expiration of the
matters taken up therein, including period for filing the same.
but not limited to:
The court shall not resort to the
1. Whether the parties have arrived at foregoing procedure just to gain time
an amicable settlement, and if so, the for the rendition of the judgment. (n)
terms thereof;
Section 12. Referral for conciliation.
2. The stipulations or admissions — Cases requiring referral for
entered into by the parties; conciliation, where there is no
showing of compliance with such
3. Whether, on the basis of the requirement, shall be dismissed
pleadings and the stipulations and without prejudice, and may be revived
admission made by the parties, only after that requirement shall have
judgment may be rendered without the been complied with. (18a, RSP)
need of further proceedings, in which
event the judgment shall be rendered Section 13. Prohibited pleadings and
within thirty (30) days from issuance motions. — The following petitions,
of the order; motions, or pleadings shall not be
allowed:
4. A clear specification of material
facts which remain converted; and 1. Motion to dismiss the complaint
except on the ground of lack of
5. Such other matters intended to jurisdiction over the subject matter,
expedite the disposition of the case. or failure to comply with section 12;
(8, RSP)
2. Motion for a bill of particulars;
Section 10. Submission of affidavits
and position papers. — Within ten (10) 3. Motion for new trial, or for
days from receipt of the order reconsideration of a judgment, or for
mentioned in the next preceding reopening of trial;
section, the parties shall submit the
4. Petition for relief from judgment;
affidavits of their witnesses and
other evidence on the factual issues 5. Motion for extension of time to
defined in the order, together with file pleadings, affidavits or any
their position papers setting forth other paper;
the law and the facts relied upon by
them. (9, RSP) 6. Memoranda;

Section 11. Period for rendition of 7. Petition for certiorari, mandamus,

judgment. — Within thirty (30) days or prohibition against any
after receipt of the affidavits and interlocutory order issued by the
position papers, or the expiration of court;
the period for filing the same, the 8. Motion to declare the defendant in
court shall render judgment. default;
However, should the court find it 9. Dilatory motions for postponement;
necessary to clarify certain material
facts, during the said period, issue 10. Reply;
an order specifying the matters to be
11. Third-party complaints;
clarified, and require the parties to
submit affidavits or other evidence on 12. Interventions. (19a, RSP)
Section 14. Affidavits. — The established, the court shall render
affidavits required to be submitted judgment for the sum found in arrears
under this Rule shall state only facts from either party and award costs as
of direct personal knowledge of the justice requires. (6a)
affiants which are admissible in
Section 18. Judgment conclusive only
evidence, and shall show their
competence to testify to the matters on possession; not conclusive in
stated therein. actions involving title or ownership.
— The judgment rendered in an action
A violation of this requirement may for forcible entry or detainer shall
subject the party or the counsel who be conclusive with respect to the
submits the same to disciplinary possession only and shall in no wise
action, and shall be cause to expunge bind the title or affect the ownership
the inadmissible affidavit or portion of the land or building. Such judgment
thereof from the record. (20, RSP) shall not bar an action between the
same parties respecting title to the
Section 15. Preliminary injunction. —
land or building.
The court may grant preliminary
injunction, in accordance with the The judgment or final order shall be
provisions of Rule 58 hereof, to appealable to the appropriate Regional
prevent the defendant from committing Trial Court which shall decide the
further acts of dispossession against same on the basis of the entire record
the plaintiff. of the proceedings had in the court of
origin and such memoranda and/or
A possessor deprived of his possession
briefs as may be submitted by the
through forcible from the filing of parties or required by the Regional
the complaint, present a motion in the Trial Court. (7a)
action for forcible entry or unlawful
detainer for the issuance of a writ of Section 19. Immediate execution of
preliminary mandatory injunction to judgment; how to stay same. — If
restore him in his possession. The judgment is rendered against the
court shall decide the motion within defendant, execution shall issue
thirty (30) days from the filing immediately upon motion unless an
thereof. (3a) appeal has been perfected and the
defendant to stay execution files a
Section 16. Resolving defense of
sufficient supersedeas bond, approved
ownership. — When the defendant raises by the Municipal Trial Court and
the defense of ownership in his executed in favor of the plaintiff to
pleadings and the question of pay the rents, damages, and costs
possession cannot be resolved without accruing down to the time of the
deciding the issue of ownership, the judgment appealed from, and unless,
issue of ownership shall be resolved during the pendency of the appeal, he
only to determine the issue of deposits with the appellate court the
possession. (4a)
amount of rent due from time to time
Section 17. Judgment. — If after trial under the contract, if any, as
court finds that the allegations of determined by the judgment of the
the complaint are true, it shall Municipal Trial Court. In the absence
render judgment in favor of the of a contract, he shall deposit with
plaintiff for the restitution of the the Regional Trial Court the
premises, the sum justly due as reasonable value of the use and
arrears of rent or as reasonable occupation of the premises for the
compensation for the use and preceding month or period at the rate
occupation of the premises, attorney's determined by the judgment of the
fees and costs. If a counterclaim is lower court on or before the tenth day
of each succeeding month or period. (10) days from the perfection of the
The supersedeas bond shall be appeal to the Regional Trial Court,
transmitted by the Municipal Trial the latter may issue a writ of
Court, with the papers, to the clerk preliminary mandatory injunction to
of the Regional Trial Court to which restore the plaintiff in possession if
the action is appealed. the court is satisfied that the
defendant's appeal is frivolous or
All amounts so paid to the appellate dilatory or that the appeal of the
court shall be deposited with said
plaintiff is prima facie meritorious.
court or authorized government (9a)
depositary bank, and shall be held
there until the final disposition of Section 21. Immediate execution on
the appeal, unless the court, by appeal to Court of Appeals or Supreme
agreement of the interested parties, Court. — The judgment of the Regional
or in the absence of reasonable Trial Court against the defendant
grounds of opposition to a motion to shall be immediately executory,
withdraw, or for justifiable reasons, without prejudice to a further appeal
shall decree otherwise. Should the that may be taken therefrom. (10a)
defendant fail to make the payments
above prescribed from time to time
during the pendency of the appeal, the
appellate court, upon motion of the RULE 71
plaintiff, and upon proof of such
failure, shall order the execution of Contempt
the judgment appealed from with Section 1. Direct contempt punished
respect to the restoration of summarily. — A person guilty of
possession, but such execution shall misbehavior in the presence of or so
not be a bar to the appeal taking its near a court as to obstruct or
course until the final disposition interrupt the proceedings before the
thereof on the merits. same, including disrespect toward the
After the case is decided by the court, offensive personalities toward
Regional Trial Court, any money paid others, or refusal to be sworn or to
to the court by the defendant for answer as a witness, or to subscribe
purposes of the stay of execution an affidavit or deposition when
shall be disposed of in accordance lawfully required to do so, may be
with the provisions of the judgment of summarily adjudged in contempt by such
the Regional Trial Court. In any case court and punished by a fine not
wherein it appears that the defendant exceeding two thousand pesos or
has been deprived of the lawful imprisonment not exceeding ten (10)
possession of land or building pending days, or both, if it be a Regional
the appeal by virtue of the execution Trial Court or a court of equivalent
of the judgment of the Municipal Trial or higher rank, or by a fine not
Court, damages for such deprivation of exceeding two hundred pesos or
possession and restoration of imprisonment not exceeding one (1)
possession and restoration of day, or both, if it be a lower court.
possession may be allowed the (1a)
defendant in the judgment of the Section 2. Remedy therefrom. — The
Regional Trial Court disposing of the person adjudged in direct contempt by
appeal. (8a) any court may not appeal therefrom,
Section 20. Preliminary mandatory but may avail himself of the remedies
injunction in case of appeal. — Upon of certiorari or prohibition. The
motion of the plaintiff, within ten execution of the judgment shall be
suspended pending resolution of such
petition, provided such person files a (g) The rescue, or attempted rescue,
bond fixed by the court which rendered of a person or property in the custody
the judgment and conditioned that he of an officer by virtue of an order or
will abide by and perform the judgment process of a court held by him.
should the petition be decided against
him. (2a) But nothing in this section shall be
so construed as to prevent the court
Section 3. Indirect contempt to be from issuing process to bring the
punished after charge and hearing. — respondent into court, or from holding
After a charge in writing has been him in custody pending such
filed, and an opportunity given to the proceedings. (3a)
respondent to comment thereon within
Section 4. How proceedings commenced.
such period as may be fixed by the
court and to be heard by himself or — Proceedings for indirect contempt
counsel, a person guilty of any of the may be initiated motu propio by the
following acts may be punished for court against which the contempt was
indirect contempt; committed by an order or any other
formal charge requiring the respondent
(a) Misbehavior of an officer of a to show cause why he should not be
court in the performance of his punished for contempt.
official duties or in his official
transactions; In all other cases, charges for
indirect contempt shall be commenced
(b) Disobedience of or resistance to a by a verified petition with supporting
lawful writ, process, order, or particulars and certified true copies
judgment of a court, including the act of documents or papers involved
of a person who, after being therein, and upon full compliance with
dispossessed or ejected from any real the requirements for filing initiatory
property by the judgment or process of pleadings for civil actions in the
any court of competent jurisdiction, court concerned. If the contempt
enters or attempts or induces another charges arose out of or are related to
to enter into or upon such real a principal action pending in the
property, for the purpose of executing court, the petition for contempt shall
acts of ownership or possession, or in allege that fact but said petition
any manner disturbs the possession shall be docketed, heard and decided
given to the person adjudged to be separately, unless the court in its
entitled thereto; discretion orders the consolidation of
the contempt charge and the principal
(c) Any abuse of or any unlawful action for joint hearing and decision.
interference with the processes or (n)
proceedings of a court not
constituting direct contempt under Section 5. Where charge to be filed. —
section 1 of this Rule; Where the charge for indirect contempt
has been committed against a Regional
(d) Any improper conduct tending, Trial Court or a court of equivalent
directly or indirectly, to impede, or higher rank, or against an officer
obstruct, or degrade the appointed by it, the charge may be
administration of justice; filed with such court. Where such
(e) Assuming to be an attorney or an contempt has been committed against a
officer of a court, and acting as such lower court, the charge may be filed
without authority; with the Regional Trial Court of the
place in which the lower court is
(f) Failure to obey a subpoena duly sitting; but the proceedings may also
served; be instituted in such lower court
subject to appeal to the Regional
Trial Court of such place in the same Section 9. Proceeding when party
manner as provided in section 11 of released on bail fails to answer. —
this Rule. (4a; Bar Matter No. 803, 21 When a respondent released on bail
July 1998) fails to appear on the day fixed for
the hearing, the court may issue
Section 6. Hearing; release on bail. —
another order of arrest or may order
If the hearing is not ordered to be the bond for his appearance to be
had forthwith, the respondent may be forfeited and confiscated, or both;
released from custody upon filing a
and, if the bond be proceeded against,
bond, in an amount fixed by the court, the measure of damages shall be the
for his appearance at the hearing of extent of the loss or injury sustained
the charge. On the day set therefor, by the aggrieved party by reason of
the court shall proceed to investigate the misconduct for which the contempt
the charge and consider such comment,
charge was prosecuted, with the costs
testimony or defense as the respondent of the proceedings, and such recovery
may make or offer. (5a)
shall be for the benefit of the party
Section 7. Punishment for indirect injured. If there is no aggrieved
contempt. — If the respondent is party, the bond shall be liable and
adjudged guilty of indirect contempt disposed of as in criminal cases. (8a)
committed against a Regional Trial Section 10. Court may release
Court or a court of equivalent or respondent. — The court which issued
higher rank, he may be punished by a the order imprisoning a person for
fine not exceeding thirty thousand contempt may discharge him from
pesos or imprisonment not exceeding imprisonment when it appears that
six (6) months, or both. If he is public interest will not be prejudiced
adjudged guilty of contempt committed by his release. (9a)
against a lower court, he may be
punished by a fine not exceeding five Section 11. Review of judgment or
thousand pesos or imprisonment not final order; bond for stay. — The
exceeding one (1) month, or both. If judgment or final order of a court in
the contempt consists in the violation a case of indirect contempt may be
of a writ of injunction, temporary appealed to the proper court as in
restraining order or status quo order, criminal cases. But execution of the
he may also be ordered to make judgment or final order shall not be
complete restitution to the party suspended until a bond is filed by the
injured by such violation of the person adjudged in contempt, in an
property involved or such amount as amount fixed by the court from which
may be alleged and proved. the appeal is taken, conditioned that
if the appeal be decided against him
The writ of execution, as in ordinary
he will abide by and perform the
civil actions, shall issue for the judgment or final order. (10a)
enforcement of a judgment imposing a
fine unless the court otherwise Section 12. Contempt against quasi-
provides. (6a) judicial entities. — Unless otherwise
provided by law, this Rule shall apply
Section 8. Imprisonment until order
to contempt committed against persons,
obeyed. — When the contempt consists entities, bodies or agencies
in the refusal or omission to do an exercising quasi-judicial functions,
act which is yet in the power of the
or shall have suppletory effect to
respondent to perform, he may be such rules as they may have adopted
imprisoned by order of the court pursuant to authority granted to them
concerned until he performs it. (7a) by law to punish for contempt. The
Regional Trial Court of the place
wherein the contempt has been (c) he has the right to talk to an
committed shall have jurisdiction over attorney before being questioned and
such charges as may be filed therefor. to have his counsel present when being
(n) questioned; and
(d) if he cannot afford an attorney,
one will be provided before any
RIGHTS OF PERSON ARRESTED
questioning if he so desires.
ART. III, SEC 12, 1897 PHIL. WARRANTLESS ARRESTS
CONSTITUTION
As a rule, no arrest may be made
(1) Any person under investigation for without a warrant of arrest. The
the commission of an offense shall exceptions [also referred to
have the right to be informed of his as warrantless arrests] under the
right to remain silent and to have Revised Rules on Criminal Procedure
competent and independent counsel
(Rule 113, Sec. 5) are arrests made by
preferably of his own choice. If the a peace officer or a private person:
person cannot afford the services of
counsel, he must be provided with one. (a) When, in his presence, the person
These rights cannot be waived except to be arrested has committed, is
in writing and in the presence of actually committing, or is attempting
counsel. to commit an offense;
(2) No torture, force, violence, (b) When an offense has just been
threat, intimidation, or any other committed and he has probable cause to
means which vitiate the free will believe based on personal knowledge of
shall be used against him. Secret facts or circumstances that the person
detention places, solitary, to be arrested has committed it; and
incommunicado, or other similar forms
of detention are prohibited. (c) When the person to be arrested is
a prisoner who has escaped from a
(3) Any confession or admission penal establishment or place where he
obtained in violation of this or is serving final judgment or is
Section 17 hereof shall be temporarily confined while his case is
inadmissible in evidence against him. pending, or has escaped while being
transferred from one confinement to
(4) The law shall provide for penal another.
and civil sanctions for violations of
this section as well as compensation
to and rehabilitation of victims of
GROUNDS FOR NEW TRIAL
torture or similar practices, and
their families. A PARTY MAY MOVE FOR NEW TRIAL ON THE
MIRANDA RIGHTS FOLLOWING GROUNDS:

The Miranda rights stem from the

landmark decision of the United States 1. Errors of law or irregularities
Supreme Court in Miranda v. Arizona. prejudicial to the substantial rights
The Miranda doctrine requires that: of the accused have been committed
during the trial
(a) any person under custodial 2. That new and material eviden
investigation has the right to remain ce has been discovered which the
silent; accused couldn’t with reasonable d
iligence have discovered and
(b) anything he says can and will be produced at the trial and which if
used against him in a court of law;
introduced and admitted would probably
change the judgment

PROBABLE CAUSE
Probable cause is the existence of
such facts and circumstances as would
excite the belief in
a reasonable mind, acting on the facts
within the knowledge of the
prosecutor, that the person charged
was guilty of the crime for which he
was prosecuted.