RULE 16 SECTION 5.

EFFECT OF DISMISSAL
- Subject to the RIGHT OF APPEAL
MOTION TO DISMISS - An order granting a motion to dismiss based on
paragraphs F, H, and I of Section 1 hereof
SECTION 1. GROUNDS ! F: That the cause of action is barred by a prior
- Within the time for BUT before filing the answer to the judgment or by the statute of limitations
complaint or pleading asserting a claim ! H: That the claim or demand set forth in the
- A motion to dismiss may be made on any of the plaintiff’s pleading has been paid, waived,
following grounds: abandoned, or otherwise extinguished
a. That the court has no JURISDICTION over the ! I: That the claim on which the action is founded is
PERSON of the defending party unenforceable under the provisions of the Statute of
b. That the court has no JURISDICTION over the Frauds
SUBJECT MATTER of the claim - Shall BAR THE REFILING of the same action or claim.
c. That the VENUE is improperly laid
d. That the plaintiff has NO LEGAL CAPACITY to sue SECTION 6. PLEADING GROUNDS AS AFFIRMATIVE
e. That there is ANOTHER ACTION PENDING between DEFENSES
the same parties for the same cause - If no motion to dismiss has been filed, any of the
f. That the cause of action is BARRED by a prior grounds for dismissal provided for in this Rule may be
judgment or by the statute of limitations pleaded as an AFFIRMATIVE DEFENSE in the
g. That the pleading asserting a claim states NO ANSWER and
CAUSE OF ACTION - In the discretion of the court, a preliminary hearing may
h. That the claim or demand set forth in the plaintiff’s be had thereon as if a motion to dismiss had been filed.
pleading has been paid, waived, abandoned, or - The dismissal of the complaint under this section shall
otherwise EXTINGUISHED be without prejudice to the prosecution in the same or
i. That the claim on which the action is founded is separate action of a counterclaim pleaded in the
UNENFORCEABLE under the provisions of the answer.
Statute of Frauds
j. That a CONDITION PRECEDENT for filing the claim
has not been complied with

SECTION 2. HEARING OF THE MOTION

- At the hearing of the motion the parties shall submit:
1. Their arguments on the questions of law and
2. Their evidence on the questions of fact involved
except those not available at that time.
- Should the case go to trial, the evidence presented
during the hearing shall AUTOMATICALLY be part of
the evidence of the party presenting the same

SECTION 3. RESOLUTION OF THE MOTION

- After the hearing, the court may:
1. Dismiss the action or claim
2. Deny the motion or
3. Order the amendment of the pleading
- The court shall not defer the resolution of the motion for
the reason that the ground relied upon is NOT
INDUBITABLE
- In every case, the resolution shall state CLEARLY and
DISTINCTLY the reasons therefor

SECTION 4. TIME TO PLEAD

1. IF THE MOTION IS DENIED:
- The movant shall file his answer within the balance of
the period prescribed by RULE 11 to which he was
entitled at the time of serving his motion
- BUT not less than 5 DAYS IN ANY EVENT
- Computed from his receipt of the notice of the denial
2. IF THE PLEADING IS ORDERED TO BE AMENDED:
- He shall file his answer within the period prescribed by
RULE 11
- counted from service of the amended pleading, unless
the court provides a longer period
 RULE 17 1. Responsive pleading, or a
2. Motion for summary judgment is served, or
DISMISSAL OF ACTIONS 3. If there is none, before the introduction of evidence
at the trial or hearing.
SECTION 1. DISMISSAL UPON NOTICE BY PLAINTIFF
- A complaint may be dismissed BY THE PLAINTIFF by
filing a notice of dismissal at any time before service
of the answer or of a motion for summary judgment.
- Upon such notice being filed, the court shall issue an
order confirming the dismissal.
- Unless otherwise stated in the notice, the dismissal is
WITHOUT PREJUDICE
- EXCEPT that a notice operates as an ADJUDICATION
UPON THE MERITS when filed by a plaintiff who has
once dismissed in a competent court an action based
on or including the same claim

SECTION 2. DISMISSAL UPON MOTION OF PLAINTIFF

- Except as provided in the preceding section
- A complaint shall not be dismissed at the plaintiff’s
instance save:
1. Upon approval of the court AND
2. Upon such terms and conditions as the court
deems proper.
- If a counterclaim has been pleaded by a defendant
prior to the service upon him of the plaintiff’s motion for
dismissal, the dismissal shall be limited to the
complaint.
- The dismissal shall be without prejudice to the right of
the defendant to prosecute his counterclaim in a
separate action, UNLESS WITHIN 15 DAYS from the
notice of the motion, he manifests his preference to
have his counterclaim resolved in the same action.
- Unless otherwise specified in the order, a dismissal
under this paragraph shall be without prejudice.
- A CLASS SUIT shall not be dismissed or compromised
without the approval of the court.

SECTION 3. DISMISSAL DUE TO FAULT OF THE

PLAINTIFF
- If, for no justifiable cause, the plaintiff fails:
1. TO APPEAR on the date of the presentation of his
evidence in chief on the complaint, or
2. TO PROSECUTE his action for an unreasonable
length of time, or
3. TO COMPLY with these Rules or any order of the
court
- The complaint may be dismissed upon motion of the
defendant or upon the court’s own motion, without
prejudice to the right of the defendant to prosecute his
counterclaim in the same or in a separate action.
- The dismissal shall have the effect of an adjudication
upon the merits, unless otherwise declared by the
court.

SECTION 4. DISMISSAL OF COUNTERCLAIM, CROSS-

CLAIM, OR THIRD-PARTY COMPLAINT
- The provisions of this Rule shall apply to the dismissal
of any counterclaim, cross-claim, or third-party
complaint.
- A voluntary dismissal by the claimant by notice as in
Section 1 of this Rule, shall be made before a:
 RULE 18 SECTION 6. PRE-TRIAL BRIEF
- The parties shall file with the court and serve on the
PRE-TRIAL adverse party, in such manner as shall ensure their
receipt thereof at least THREE DAYS before the date
SECTION 1. WHEN CONDUCTED of the pre-trial, their respective PRE-TRIAL BRIEFS
- After the last pleading has been served and filed which shall contain, among others:
- It shall be the duty of the PLAINTIFF to promptly move a. A statement of their willingness to enter into
EX PARTE that the case be set for pre-trial. amicable settlement or alternative modes of dispute
resolution, indicating the desired terms thereof
SECTION 2. NATURE AND PURPOSE b. A summary of admitted facts and proposed
- The pre-trial is MANDATORY. stipulation of facts
- The court shall consider: c. The issues to be tried or resolved
a. The possibility of an amicable settlement or of a d. The documents or exhibits to be presented, stating
submission to alternative modes of dispute resolution the purpose thereof
b. The simplification of the issues e. A manifestation of their having availed or their
c. The necessity or desirability of amendments to the intention to avail themselves of discovery
pleadings procedures or referral to commissioners
d. The possibility of obtaining stipulations or admissions f. The number and names of the witnesses, and the
of facts and of documents to avoid unnecessary proof substance of their respective testimonies
e. The limitation of the number of witnesses - Failure to file the pre-trial brief shall have the same
f. The advisability of a preliminary reference of issues to effect as failure to appear at the pre-trial
a commissioner
g. The propriety of rendering judgment on the pleadings, SECTION 7. RECORD OF PRE-TRIAL
or summary judgment, or of dismissing the action - The proceedings in the pre-trial shall be recorded.
should a valid ground therefor be found to exist - Upon the termination the termination thereof, the court
h. The advisability or necessity of suspending the shall issue an order which shall recite in detail:
proceedings and 1. The matters taken up in the conference
i. Such other matters as may aid in the prompt 2. The action taken thereon
disposition of the action 3. The amendments allowed to the pleadings, and
4. The agreements or the admissions made by the
SECTION 3. NOTICE OF PRE-TRIAL parties as to any of the matters considered.
- The notice of pre-trial shall be served on: - Should the action proceed to trial, the order shall
1. Counsel or explicitly define and limit the issues to be tried
2. On the party who has no counsel. - The contents of the order shall control the subsequent
- The counsel served with such notice is charged with course of the action, UNLESS modified before trial to
the duty of notifying the party represented by him. prevent manifest injustice.

SECTION 4. APPEARANCE OF THE PARTIES

- It shall be the duty of the parties and their counsel to
appear at the pre-trial.
- The non-appearance of a party may be excused only:
1. If a valid cause is shown therefor or
2. If a representative shall appear in his behalf fully
authorized in writing:
a. To enter into an amicable settlement
b. To submit to alternative modes of dispute
resolution and
c. To enter into stipulations or admissions of facts
and of documents.

SECTION 5. EFFECT OF FAILURE TO APPEAR

- The failure of the plaintiff to appear when so required
pursuant to the next preceding section shall be cause
for dismissal.
- The dismissal shall be with prejudice, unless otherwise
ordered by the court.
- A similar failure on the part of the defendant shall be
cause to
1. Allow the plaintiff to present his evidence ex parte
and
2. The court to render judgment on the basis thereof
 RULE 19 RULE 20
INTERVENTION CALENDAR OF CASES

SECTION 1. WHO MAY INTERVENE SECTION 1. CALENDAR OF CASES

- A person who has: - The clerk of court, under the direct supervision of the
1. A legal interest in the matter in litigation or judge, shall keep a calendar of cases:
2. A legal interest in the success of either of the 1. For pre-trial
parties or 2. For trial
3. An interest against both, or 3. Those whose trials were adjourned or postponed,
4. Is so situated as to be adversely affected by a and
a. Distribution or other disposition of property 4. Those with motions to set for hearing.
b. In the custody of the court or of an officer - Preference shall be given to:
thereof 1. Habeas corpus cases
- May, WITH LEAVE OF COURT, be allowed to 2. Election cases
intervene in the action. 3. Special civil actions, and
- The court shall consider: 4. Those required by law
1. Whether or not the intervention will unduly delay or
prejudice the adjudication of the rights of the SECTION 2. ASSIGNMENT OF CASES
original parties, and - The assignment of cases to the different branches of a
2. Whether or not the intervenor’s rights may be fully court shall be done EXCLUSIVELY BY RAFFLE.
protected in a separate proceeding. - The assignment shall be done in OPEN SESSION of
which adequate notice shall be given so as to afford
SECTION 2. TIME TO INTERVENE interested parties the opportunity to be present.
- The motion to intervene may be filed at any time
before rendition of judgment by the trial court.
- A copy of the pleading-in-intervention shall be
attached to the motion and served on the original
parties.

SECTION 3. PLEADINGS-IN-INTERVENTION
- The intervenor shall file a:
1. Complaint-in-intervention: if he asserts a claim
against either or all of the original parties, or an
2. Answer-in-intervention: if he unites with the
defending party in resisting a claim against the latter

SECTION 4. ANSWER TO COMPLAINT-IN-

INTERVENTION
- The answer to the complaint-in-intervention shall be
filed within 15 DAYS from the NOTICE OF THE
ORDER admitting the same
- Unless a different period is fixed by the court
 RULE 21 2. The RELEVANCY of the books, documents,
or things does not appear, or
SUBPOENA 3. If the person in whose behalf the subpoena is
issued fails to advance the reasonable cost of
SECTION 1. SUBPEONA AND SUBPOENA DUCES production thereof.
TECUM - The COURT may quash a SUBPOENA AD
- SUBPOENA: Is a process directed to a person TESTIFICANDUM on the ground that the witness is not
requiring him to attend and to testify bound thereby.
1. At the hearing or - IN EITHER CASE, the subpoena may be quashed on
2. The trial of an action, or the ground that the witness fees and kilometrage allows
3. At any investigation conducted by competent by these Rules were not tendered when the subpoena
authority, or was served.
4. For the taking of his deposition.
- It may also require him to bring with him any books, SECTION 5. SUBPOENA FOR DEPOSITIONS
documents, or other things under his control, in which - Proof of service of a notice to take a deposition, as
case it is called a SUBPOENA DUCES TECUM. provided in Sections 15 and 25 of Rule 23,
- Shall constitute sufficient authorization for the issuance
SECTION 2. BY WHOM ISSUED of subpoenas for the persons named in said notice
- The subpoena may be issued by: - By the clerk of court of the place in which the
a. The court before whom the witness is required to deposition is to be taken.
attend - The clerk shall not, however, issue a SDT to any such
b. The court of the place where the deposition is to be person WITHOUT AN ORDER OF THE COURT.
taken
c. The officer or body authorized by law to do so in SECTION 6. SERVICE
connection with investigations conducted by said - Service of a subpoena shall be made in the same
officer or body; or manner as personal or substituted service of summons.
d. Any Justice of the Supreme Court or of the Court of 1. The original shall be exhibited and
Appeals in any case or investigation pending within 2. A copy thereof delivered to the person on whom it
the Philippines. is served,
- When application for a subpoena to a prisoner is made, 3. Tendering to him the fees for one day’s attendance
the judge or officer shall examine and study carefully and the kilometrage allowed by these Rules,
such application to determine whether the same is - EXCEPT THAT, when a subpoena is issued by or on
made for a valid purpose. behalf of the Republic of the Philippines or an officer or
- No prisoner sentenced to: agency thereof, the tender need not be made.
1. Death - PURPOSE: The service must be made so as to allow
2. Reclusion perpetua or the witness a reasonable time for preparation and
3. Life imprisonment AND travel to the place of attendance.
4. Who is confined in any penal institution - If it is a SDT, the reasonable cost of producing the
- Shall be brought outside the said penal institution for books, documents, or things demanded shall also be
appearance or attendance in any court UNLESS tendered.
authorized by the Supreme Court
SECTION 7. PERSOAL APPEARANCE IN THE COURT
SECTION 3. FORM AND CONTENTS - A person present in court before a judicial officer may
- A subpoena shall be required to testify as if he were in attendance upon a
1. State: subpoena issued by such court or officer.
a. The name of the court and
b. The title of the action or investigation SECTION 8. COMPELLING ATTENDANCE
2. Shall be directed to the person whose attendance - In case of failure of a witness to attend, the court or
is required judge issuing the subpoena, upon
3. And in the case of a SDT, it shall also contain a: 1. Proof of the service thereof and
a. Reasonable description of the books, 2. Proof of the failure of the witness
documents, or things demanded - May issue a WARRANT to the sheriff of the province,
b. Which must appear to the court prima facie or his deputy
relevant. - To ARREST the witness and bring him before the court
or officer where his attendance is required
SECTION 4. QUASHING A SUBPOENA - And the cost of such warrant and seizure of such
- The COURT may quash a SUBPOENA DUCES witness shall be paid by the witness IF the court issuing
TECUM upon: it shall determine that his failure to answer the
! MOTION PROMPTLY MADE and subpoena was willful and without just excuse.
! In any event, AT OR BEFORE THE TIME specified
therein if:
1. It is unreasonable and oppressive or
SECTION 9. CONTEMPT RULE 22
- Failure by any person without adequate cause to obey
a subpoena served upon him shall be deemed a COMPUTATION OF TIME
CONTEMPT OF THE COURT from which the
subpoena is issued. SECTION 1. HOW TO COMPUTE TIME
- If the subpoena was not issued by a court, the - In computing any period of time
disobedience thereto shall be punished in accordance 1. Prescribed or allowed by these Rules, or
with the applicable law or Rule. 2. By order of the court, or
3. By any applicable statute
SECTION 10. EXCEPTIONS - The day of the act or event from which the designated
- The provisions of Section 8 and 9 of this Rule SHALL period of time begins to run is to be EXCLUDED and
NOT APPLY - The date of performance INCLUDED.
1. To a witness who resides more than 100 KM from - If the last day of the period, as thus computed, falls on
his residence to the place where his is to testify by a Saturday, a Sunday, or a legal holiday in the place
the ordinary course of travel, or where the court sits, the time SHALL NOT RUN until
2. To a detention prisoner if no permission of the the next working day.
court in which his case is pending was obtained.
SECTION 2. EFFECT OF INTERRUPTION
- Should an act be done which effectively interrupts the
running of the period, the allowable period after such
interruption shall start to run on the day after notice of
the cessation of the cause thereof.
- The day of the act that caused the interruption shall be
excluded in the computation of the period.
 RULE 23 c. The deposition of a witness, whether or not a party,
may be used by any party for any purpose if the
DEPOSITIONS PENDING ACTION court finds:
1. That the witness is dead, or
SECTION 1. DEPOSITIONS PENDING ACTION, WHEN 2. That the witness resides at a distance more than
MAY BE TAKEN one hundred (100) kilometers from the place of
1. By leave of court after jurisdiction has been obtained trial or hearing, or is out of the Philippines,
over any defendant or over property which is the unless it appears that his absence was procured
subject of the action or by the party offering the deposition, or
2. Without such leave, after an answer has been served, 3. That the witness is unable to attend or testify
- The testimony of any person, whether a party or not, because of age, sickness, infirmity, or
may be taken, at the instance of any party, by imprisonment, or
deposition upon oral examination or written 4. That the party offering the deposition has been
interrogatories. unable to procure the attendance of the witness
- The attendance of witnesses may be compelled by by subpoena; or
the use of a subpoena as provided in Rule 21. 5. Upon application and notice, that such
- Depositions shall be taken only in accordance with exceptional circumstances exist as to make it
these Rules. desirable, in the interest of justice and with due
- The deposition of a person confined in prison may be regard to the importance of presenting the
taken only by leave of court on such terms as the testimony of witnesses orally in open court, to
court prescribes. allow the deposition to be used; and
d. If only part of a deposition is offered in evidence
SECTION 2. SCOPE OF EXAMINATION by a party, the adverse party may require him to
- Unless otherwise ordered by the court as provided by introduce all of it which is relevant to the part
section 16 or 18 of this Rule, introduced, and any party may introduce any other
- The deponent may be examined parts.
! Regarding any matter, not privileged,
! Which is relevant to the subject of the pending SECTION 5. EFFECT OF SUBSTITUTION OF PARTIES
action, - Substitution of parties does not affect the right to use
! Whether relating to the claim or defense of any depositions previously taken.
other party, - When an action has been dismissed and
! Including: - Another action involving the same subject is afterward
1. The existence, description, nature, custody, brought
condition, and location of any books, documents, - Between the same parties or their representatives or
or other tangible things and successors in interest
2. The identity and location of persons having - All depositions lawfully taken and duly filed in the
knowledge of relevant facts. former action may be used in the latter as if originally
taken therefor.
SECTION 3. EXAMINATION AND CROSS-
EXAMINATION SECTION 6. OBJECTIONS TO ADMISSIBILITY
- Examination and cross-examination of deponents may - Subject to the provisions of section 29 of this Rule,
proceed as permitted at the trial under sections 3 to - Objection may be made at the trial or hearing, to
18 of Rule 132. receiving in evidence any deposition or part thereof
- For any reason which would require the exclusion of
SECTION 4. USE OF DEPOSITIONS the evidence if the witness were then present and
- At the trial or upon the hearing of a motion or an testifying.
interlocutory proceeding (THI)
- Any part or all of a deposition, so far as admissible SECTION 7. EFFECT OF TAKING DEPOSITIONS
under the rules of evidence, may be used against any - A party shall not be deemed to make a person his own
party who was present or represented at the taking of witness for any purpose by taking his deposition.
the deposition or who had due notice thereof, in
accordance with any one of the following provisions: SECTION 8. EFFECT OF USING DEPOSITIONS
a. Any deposition may be used by any party for the - The introduction in evidence of the deposition or any
purpose of contradicting or impeaching the part thereof for any purpose other than that of
testimony of deponent as a witness; contradicting or impeaching the deponent makes the
b. The deposition of a party or of any one who at the deponent the witness of the party introducing the
time of taking the deposition was an officer, deposition.
director, or managing agent of a public or - But this shall not apply to the use by an adverse party
private corporation, partnership, or association of a deposition as described in paragraph (b) of section
which is a party may be used by an adverse party 4 of this Rule.
for any purpose;
SECTION 9. REBUTTING THE DEPOSITION 3. If the name is not known, a general description
- At the trial or hearing sufficient to identify him or the particular class or
- Any party may rebut any relevant evidence contained group to which he belongs.
in a deposition - On MOTION of any party upon whom the notice is
- Whether introduced by him or by any other party. served, the court may for cause shown enlarge or
shorten the time.
SECTION 10. PERSONS BEFORE WHOM DEPOSITIONS
MAY BE TAKEN WITHIN THE PHILIPPINES SECTION 16. ORDERS FOR THE PROTECTION OF
- Within the Philippines, depositions may be taken before PARTIES AND DEPONENTS (NMGO)
any judge, notary public, or the person referred to in - After notice is served for taking a deposition by oral
section 14 hereof. (JNP) examination,
- Upon MOTION seasonably made by any party or by
SECTION 11. PERSONS BEFORE WHOM DEPOSITIONS the person to be examined AND
MAY BE TAKEN IN FOREIGN COUNTRIES - For good cause shown
- In a foreign state or country, depositions may be - The COURT in which the action is pending may make
4
taken an order that: (NDWC-S O)
A. On notice before a secretary of embassy or 1. The deposition shall not be taken, or
legation, consul general, consul, vice-consul, or 2. That it may be taken only at some designated
consular agent of the Republic of the Philippines, place other than that stated in the notice, or
B. Before such person or officer as may be appointed 3. That it may be taken only on written interrogatories,
by commission or under letters rogatory; or or
C. The person referred to in section 14 hereof. 4. That certain matters shall not be inquired into, or
5. That the scope of the examination shall be held
SECTION 12. COMMISSION OR LETTERS ROGATORY with no one present except the parties to the action
- A commission or letters rogatory shall be issued and their officers or counsel, or
ONLY (NOW) 6. That after being sealed the deposition shall be
! When necessary or convenient, opened only by order of the court, or
! On application and notice, and on such terms, and 7. That secret processes, developments, or research
! With such direction as are just and appropriate. need not be disclosed, or
- Officers may be designated in notices or commissions 8. That the parties shall simultaneously file specified
either by name or descriptive title and documents or information enclosed in sealed
- Letters rogatory may be addressed to the appropriate envelopes to be opened as directed by the court, or
judicial authority in the foreign country. 9. The court may make any other order which justice
requires
SECTION 12. DISQUALIFICATION BY INTEREST - To protect the party or witness from annoyance,
- No deposition shall be taken before a person who is a embarrassment, or oppression.
1. Relative within the sixth degree of consanguinity or
affinity, or SECTION 17. RECORD OF EXAMINATION; OATH;
2. Employee or counsel of any of the parties, or OBJECTIONS
3. Who is a relative within the same degree, or - The officer before whom the deposition is to be taken:
employee of such counsel; or 1. Shall put the witness on oath and
4. Who is financially interested in the action. 2. Shall personally, or by some one acting under his
direction and in his presence, record the testimony
SECTION 14. STIPULATIONS REGARDING TAKING OF of the witness.
DEPOSITIONS - The testimony shall be taken stenographically unless
- If the parties so stipulate in writing the parties agree otherwise.
- Depositions may be taken: - All objections made at the time of the examination to:
1. Before any person authorized to administer oaths (QMECO)
2. At any time or place, 1. The qualifications of the officer taking the
3. In accordance with these Rules and deposition, or to
4. When so taken may be used like other depositions. 2. The manner of talking it, or to
3. The evidence presented, or to
SECTION 15. DEPOSITION UPON ORAL 4. The conduct of any party, AND
EXAMINATION; NOTICE; TIME AND PLACE 5. Any other objection to the proceedings,
- A party desiring to take the deposition of any person - Shall be noted by the officer upon the deposition.
upon oral examination shall give reasonable notice in - Evidence objected to shall be taken subject to the
writing, to every other party to the action. objections.
- The notice shall state: (TP-NA-G) - In lieu of participating in the oral examination, parties
1. The time and place for taking the deposition and served with notice of taking a deposition may transmit
2. The name and address of each person to be written interrogatories to the officers, who shall
examined, if known, and propound them to the witness and record the
answers verbatim.
SECTION 18. MOTION TO TERMINATE OR LIMIT SECTION 20. CERTIFICATION AND FILING BY
EXAMINATION OFFICER (CSP)
- At any time during the taking of the deposition, - The OFFICER shall certify on the deposition that:
- On motion or petition of any party or of the deponent, 1. The witness was duly sworn to by him and
AND 2. That the deposition is a true record of the testimony
- Upon a showing that the examination is being given by the witness.
conducted (BU-AnEmO) - He shall then securely seal the deposition in an
1. In bad faith or envelope:
2. In such manner as unreasonably to annoy, ! Indorsed with the title of the action and
embarrass, or oppress the deponent or party ! Marked "Deposition of (here insert the name of
- The COURT in which the action is pending or the witness)" and
Regional Trial Court of the place where the deposition - Shall promptly file it with the court in which the action
is being taken may order the officer conducting the is pending or send it by registered mail to the clerk
examination thereof for filing.
1. To cease forthwith from taking the deposition, or
2. May limit the scope and manner of the taking of the SECTION 21. NOTICE OF FILING
deposition, as provided in section 16 of this Rule. - The officer taking the deposition shall give prompt notice
- If the order made terminates the examination, it shall of its filing to all the parties.
be resumed thereafter only upon the order of the court
in which the action is pending. SECTION 22. FURNISHING COPIES
- Upon demand of the objecting party or deponent, the - Upon payment of reasonable charges therefor, the officer
taking of the deposition shall be suspended for the shall furnish a copy of the deposition to any party or to the
time necessary to make a notice for an order. deponent.
- In granting or refusing such order, the court may
impose upon either party or upon the witness the SECTION 23. FAILURE TO ATTEND OF PARTY GIVING
requirement to pay such costs or expenses as the court NOTICE
may deem reasonable. - If the party giving the notice of the taking of a
deposition fails to attend and proceed therewith and
SECTION 19. SUBMISSION TO WITNESS; CHANGES; another attends in person or by counsel pursuant to the
SIGNING notice,
- When the testimony is fully transcribed, the deposition: - The court may order the party giving the notice to pay
1. Shall be submitted to the witness for examination such other party the amount of the reasonable
and expenses incurred by him and his counsel in so
2. Shall be read to or by him, attending, including reasonable attorney's fees.
- Unless such examination and reading are waived by
the witness AND by the parties. SECTION 24. FAILURE OF PARTY GIVING NOTICE TO
- Any changes in form or substance which the witness SERVE SUBPOENA
desires to make shall be entered upon the deposition - If the party giving the notice of the taking of a
by the officer with a statement of the reasons given by deposition of a witness fails to serve a subpoena upon
the witness for making them. him and the witness because of such failure does not
- The deposition shall then be signed by the witness, attend, AND
unless: - If another party attends in person or by counsel
1. The parties by stipulation waive the signing or because he expects the deposition of that witness to be
2. The witness is ill or cannot be found or refuses to taken,
sign. (I-C-R) - The court may order the party giving the notice to pay
- If the deposition is not signed by the witness: to such other party the amount of the reasonable
1. The officer shall sign it and expenses incurred by him and his counsel in so
2. State on the record the fact of the waiver or of the attending, including reasonable attorney's fees.
illness or absence of the witness or the fact of the
refusal to sign SECTION 25. DEPOSITION UPON WRITTEN
3. Together with the reason be given therefor, if any, INTERROGATORIES; SERVICE OF NOTICE AND OF
and INTERROGATORIES
4. The deposition may then be used as fully as - A party desiring to take the deposition of any person
though signed, UNLESS on a motion to suppress upon written interrogatories shall:
under section 29 (f) of this Rule, the court holds ! Serve them upon every other party
that the reasons given for the refusal to sign ! With a notice stating
require rejection of the deposition in whole or in 1. The name and address of the person who is to
part. answer them and
2. The name or descriptive title and address of the
officer before whom the deposition is to be
taken.
- Within TEN DAYS thereafter, a party so served may C. AS TO COMPETENCY OR RELEVANCY OF
serve cross-interrogatories upon the party proposing to EVIDENCE
take the deposition. Objections to:
- Within FIVE DAYS thereafter, the latter may serve re- 1. The competency of witness or
direct interrogatories upon a party who has served 2. The competency, relevancy, or materiality of
cross-interrogatories. testimony
- Within THREE DAYS after being served with re-direct - Are not waived by failure to make them before or during
interrogatories, a party may serve recross- the taking of the deposition
interrogatories upon the party proposing to take the - UNLESS the ground of the objection is one which might
deposition. have been obviated or removed if presented at that
time.
SECTION 26. OFFICERS TO TAKE RESPONSES AND D. AS TO ORAL EXAMINATION AND OTHER
PREPARE RECORD PARTICULARS
- A copy of the notice and copies of all interrogatories - Errors and irregularities occurring at the oral
served shall be delivered by the party taking the examination:
deposition to the officer designated in the notice. 1. In the manner of taking the deposition in the form
- Such officer designated shall proceed promptly, in the of the questions or answers,
manner provided by sections 17, 19 and 20 of this 2. In the oath or affirmation, or
Rule: 3. In the conduct of the parties AND
1. To take the testimony of the witness in response to 4. Errors of any kind which might be obviated,
the interrogatories and removed, or cured if promptly prosecuted
2. To prepare, certify, and file or mail the deposition, - Are waived unless reasonable objection thereto is
attaching thereto the copy of the notice and the made at the taking of the deposition.
interrogatories received by him. E. AS TO FORM OF WRITTEN INTERROGATORIES
Objections to the form of written interrogatories
SECTION 27. NOTICE OF FILING AND FURNISHING submitted under sections 25 and 26 of this Rule are waived
COPIES unless:
- When a deposition upon interrogatories is filed, the ! Served in writing upon the party propounding them
officer taking it shall: ! Within the time allowed for serving succeeding
1. Promptly give notice thereof to all the parties, and cross or other interrogatories and
2. May furnish copies to them or to the deponent ! Within three (3) days after service of the last
upon payment of reasonable charges therefor. interrogatories authorized.
F. AS TO MANNER OF PREPARATION
SECTION 28. ORDERS FOR THE PROTECTION OF - Errors and irregularities in the manner in which
PARTIES AND DEPONENTS (APMG – ano) 1. The testimony is transcribed or
- AFTER the service of the interrogatories and 2. The deposition is prepared, signed, certified,
- PRIO to the taking of the testimony of the deponent, sealed, indorsed, transmitted, filed, or otherwise
- On MOTION promptly made by a party or a deponent, dealt with by the officer under sections 17, 19, 20
AND and 26 of this Rule
- For GOOD CAUSE shown - Are waived unless a motion to suppress the
- The court in which the action is pending may make: deposition or some part thereof is made with
1. Any order specified in sections 15, 16 and 18 of reasonable promptness after such defect is, or with due
this Rule which is appropriate and just or diligence might have been, ascertained.
2. An order that the deposition shall not be taken
before the officer designated in the notice or
3. That it shall not be taken except upon oral
examination.

SECTION 29. EFFECT OF ERRORS AND

IRREGULARITIES IN DEPOSITIONS (NDC
A. AS TO NOTICE:
All errors and irregularities in the notice for taking a
deposition are waived unless written objection is promptly
served upon the party giving the notice.
B. AS TO DISQUALIFICATION OF OFFICER:
Objection to taking a deposition because of
disqualification of the officer before whom it is to be taken is
waived unless made:
1. Before the taking of the deposition begins or
2. As soon thereafter as the disqualification becomes
known or could be discovered with reasonable
diligence.
 RULE 24 - The depositions may then be taken in accordance with
Rule 23 before the hearing.
DEPOSITIONS BEFORE ACTION OR
PENDING APPEAL SECTION 5. REFERENCE TO COURT
- For the purpose of applying Rule 23 to depositions for
perpetuating testimony,
SECTION 1. DEPOSITIONS BEFORE ACTION; - Each reference therein to the court in which the action
PETITION is pending
- A person who desires to perpetuate his own testimony - Shall be deemed to refer to the court in which the
or that of another person regarding any matter that may petition for such deposition was filed.
be cognizable in any court of the Philippines
- May file a verified petition in the court of the place of SECTION 6. USE OF DEPOSITION
the residence of any expected adverse party. - If a deposition to perpetuate testimony is taken under
this Rule, OR IF,
SECTION 2. CONTENTS OF PETITION - Although not so taken, it would be admissible in
The petition shall be: (ESA) evidence
1. Entitled in the name of the petitioner and - It may be used in ANY ACTION involving the same
2
2. Shall show: (ESFN ) subject matter subsequently brought in accordance
a. That the petitioner expects to be a party to an with the provisions of sections 4 and 5 of Rule 23.
action in a court of the Philippines but is presently
unable to bring it or cause it to be brought SECTION 7. DEPOSITIONS PENDING APPEAL
b. The subject matter of the expected action and his - If an appeal has been taken from a judgment of court,
interest therein; including the CA in proper cases,
c. The facts which he desires to establish by the - Or before the taking of an appeal if the time therefor
proposed testimony and his reasons for desiring to has not expired:
perpetuate it; - The court in which the judgment was rendered may
d. The names or a description of the persons he allow the taking of depositions of witnesses to
expects will be adverse parties and their perpetuate their testimony for use in the event of further
addresses so far as known; and proceedings in the said court.
e. The names and addresses of the persons to be - In such a case, the party who desires to perpetuate the
examined and the substance of the testimony testimony may make a MOTION in the said court FOR
which he expects to elicit from each, and LEAVE to take the depositions, UPON THE SAME
3. Shall ask for an order authorizing the petitioner to NOTICE and SERVICE thereof as if the action was
! Take the depositions of the persons to be examined pending therein.
named in the petition - The motion shall state:
! For the purpose of perpetuating their testimony. a. The names and addresses of the persons to be
examined and the substance of the testimony
SECTION 3. NOTICE AND SERVICE which he expects to elicit from each and
- The petitioner shall b. The reason for perpetuating their testimony.
! Serve a notice upon each person named in the - If the court finds that the perpetuation of the testimony
petition as an expected adverse party is proper to avoid a failure or delay of justice, it may
! Together with a copy of the petition make an order allowing the depositions to be taken,
! Stating that: and
I. The petitioner will apply to the court - Thereupon the depositions may be taken and used in
II. At a time and place named therein the same manner and under the same conditions as
III. For the order described in the petition are prescribed in these Rules for depositions taken in
- At least 20 DAYS BEFORE the date of the hearing, the pending actions.
COURT shall cause notice thereof to be served on the
parties and prospective deponents in the manner
provided for service of summons.

SECTION 4. ORDER AND EXAMINATION

- If the court is satisfied that the perpetuation of the

testimony may prevent a failure or delay of justice, it
shall make an order:
! Designating or describing the persons whose
deposition may be taken and
! Specifying the subject matter of the examination
and
! Whether the depositions shall be taken upon oral
examination or written interrogatories
 RULE 25
INTERROGATORIES TO PARTIES

SECTION 1. INTERROGATORIES TO PARTIES;

SERVICE THEREOF
- Under the same conditions specified in section 1 of
Rule 23,
- Any party desiring to elicit material and relevant facts
from any adverse parties shall file and serve upon the
latter written interrogatories
1. To be answered by the party served or,
2. If the party served is a public or private corporation
or a partnership or association, by any officer
thereof competent to testify in its behalf.

SECTION 2. ANSWER TO INTERROGATORIES

- The interrogatories
1. Shall be answered fully in writing and
2. Shall be signed and sworn to by the person
making them.
- The party upon whom the interrogatories have been
served shall:
1. File and serve a copy of the answers on the party
submitting the interrogatories
2. Within 15 DAYS AFTER SERVICE thereof
3. Unless the court, on motion and for good cause
shown, extends or shortens the time.

SECTION 3. OBJECTIONS TO INTERROGATORIES

- Objections to any interrogatories may be presented
to the court WITHIN 10 DAYS AFTER SERVICE
thereof,
- With notice as in case of a motion; and
- Answers shall be deferred until the objections are
resolved, which shall be at as early a time as is
practicable.

SECTION 4. NUMBER OF INTERROGATORIES

-No party may, WITHOUT LEAVE OF COURT, serve more
than one set of interrogatories to be answered by the same
party.

SECTION 5. SCOPE AND USE OF INTERROGATORIES

- Interrogatories may relate to any matters that can be
inquired into under section 2 of Rule 23, and
- The answers may be used for the same purposes
provided in section 4 of the same Rule.

SECTION 6. EFFECT OF FAILURE TO SERVE WRITTEN

INTERROGATORIES
- Unless thereafter allowed by the court for good cause
shown AND to prevent a failure of justice,
- A party not served with written interrogatories may not
be compelled by the adverse party
1. To give testimony in open court, or
2. To give a deposition pending appeal.
 RULE 26 personal knowledge of the latter, shall not be
permitted to present evidence on such facts.
ADMISSION BY ADVERSE PARTY

SECTION 1. REQUEST FOR ADMISSION

- At any time after issues have been joined,
- A party may file and serve upon any other party a
written request for the admission by the latter
1. Of the genuineness of any material and relevant
document described in and exhibited with the
request or
2. Of the truth of any material and relevant matter of
fact set forth in the request.
- Copies of the documents shall be delivered with the
request unless copies have already been furnished.

SECTION 2. IMPLIED ADMISSION

- Each of the matters of which an admission is requested
shall be deemed admitted unless,
! Within a period designated in the request, which
shall not be less than 15 DAYS after service
thereof, or
! Within such further time as the court may allow on
motion,
- The party to whom the request is directed files and
serves upon the party requesting the admission a
sworn statement either:
1. Denying specifically the matters of which an
admission is requested or
2. Setting forth in detail the reasons why he cannot
truthfully either admit or deny those matters.
- Objections to any request for admission shall be
submitted to the court by the party requested within
the period for and prior to the filing of his sworn
statement as contemplated in the preceding paragraph
and
- His compliance therewith shall be deferred until such
objections are resolved, which resolution shall be made
as early as practicable.

SECTION 3. EFFECT OF ADMISSION

- Any admission made by a party pursuant to such
request is:
1. For the purpose of the pending action ONLY and
2. Shall not constitute an admission by him for any
other purpose nor
3. May the same be used against him in any other
proceeding.

SECTION 4. WITHDRAWAL
- The court may allow the party making an admission
under this Rule, whether express or implied, to
withdraw or amend it upon such terms as may be just.

SECTION 5. EFFECT OF FAILURE TO FILE AND SERVE

REQUEST FOR ADMISSION
- Unless otherwise allowed by the court for good cause
shown and to prevent a failure of justice,
- A party who fails to file and serve a request for
admission on the adverse party of material and relevant
facts at issue which are, or ought to be, within the
 RULE 27
PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS

SECTION 1. MOTION FOR PRODUCTION OR

INSPECTION; ORDER
- Upon motion of any party showing good cause therefor,
the court in which an action is pending may
a. Order any party to produce and permit the inspection
and copying or photographing, by or on behalf of the
moving party, of:
1. Any designated documents
2. Papers
3. Books,
4. Accounts,
5. Letters,
6. Photographs,
7. Objects or
8. Tangible things, not privileged,
! Which constitute or contain evidence material to
any matter involved in the action and
! Which are in his possession, custody or control;
or
b. Order any party to permit entry upon designated land or
other property in his possession or control for the
purpose of
1. Inspecting,
2. Measuring,
3. Surveying, or
4. Photographing the property or any designated
relevant object or operation thereon.
- The order shall specify:
1. The time, place and manner of making the
inspection and taking copies and photographs, and
2. May prescribe such terms and conditions as are
just.
 RULE 28
PHYSICAL AND MENTAL
EXAMINATION OF PERSONS

SECTION 1. WHEN EXAMINATION MAY BE ORDERED

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

SECTION 2. ORDER FOR EXAMINATION

- The order for examination may be made ONLY:
1. On motion
2. For good cause shown AND
3. Upon notice to the party to be examined and to all
other parties, and
4. Shall specify the
a. Time, place, manner,
b. Conditions and scope of the examination and
c. The person or persons by whom it is to be
made.

SECTION 3. REPORT OF FINDINGS

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

SECTION 4. WAIVER OF PRIVILEGE

1. By requesting and obtaining a report of the
examination so ordered or
2. by taking the deposition of the examiner,
- The party examined waives any privilege he may have
in that action or any other involving the same
controversy, regarding the testimony of every other
person who has examined or may thereafter examine
him in respect of the same mental or physical
examination.
 RULE 29 shall be taken to be established for the purposes
of the action in accordance with the claim of the
REFUSAL TO COMPLY WITH MODES party obtaining the order;
OF DISCOVERY b. An order refusing to allow the disobedient party to
support or oppose designated claims or defenses
or prohibiting him from introducing in evidence
SECTION 1. REFUSAL TO ANSWER designated documents or things or items of
- If a party or other deponent refuses to answer any testimony, or from introducing evidence of physical
question upon oral examination, the examination may or mental condition;
be: c. An order striking out pleadings or parts thereof, or
1. Completed on other matters or staying further proceedings until the order is
2. Adjourned as the proponent of the question may obeyed, or dismissing the action or proceeding or
prefer. any part thereof, or rendering a judgment by default
- The proponent may thereafter apply to the proper court against the disobedient party; and
of the place where the deposition is being taken, for an d. In lieu of any of the foregoing orders or in addition
order to compel an answer. thereto, an order directing the arrest of any party or
- The same procedure may be availed of when a party or agent of a party for disobeying any of such orders
a witness refuses to answer any interrogatory except an order to submit to a physical or mental
submitted under Rules 23 or 25. examination.
- If the application is granted,
1. The court shall require the refusing party or SECTION 4. EXPENSES ON REFUSAL TO ADMIT
deponent to answer the question or interrogatory - If a party after being served with a request under Rule
AND 26 to admit the genuineness of any document or the
2. If it also finds that the refusal to answer was truth of any matter of fact, serves a sworn denial
without substantial justification, it may require the thereof AND
refusing party or deponent or the counsel advising - If the party requesting the admissions thereafter proves
the refusal, or both of them, to pay the proponent the genuineness of such document or the truth of any
the amount of the reasonable expenses incurred in such matter of fact,
obtaining the order, including attorney’s fees. - He may apply to the court for an order requiring the
- If the application is denied and the court finds that it other party to pay him the reasonable expenses
was filed without substantial justification: incurred in making such proof, including attorney’s
! The court may require the proponent or the counsel fees.
advising the filing of the application, or both of them, - Unless the court finds that there were good reasons for
to pay to the refusing party or deponent the amount the denial or that admissions sought were of no
of the reasonable expenses incurred in opposing substantial importance, such order shall be issued.
the application, including attorney’s fees.
SECTION 5. FAILURE OF PARTY TO ATTEND OR
SECTION 2. CONTEMPT OF COURT SERVE OR SERVE ANSWERS
- If a party or other witness refuses to be sworn or refuses - If a party or an officer or managing agent of a party
to answer any question after being directed to do so by the 1. WILLFULLY fails to appear before the officer who
court of the place in which the deposition is being taken, is to take his deposition, after being served with a
the refusal may be considered a contempt of that court. proper notice, or
2. Fails to serve answers to interrogatories submitted
SECTION 3. OTHER CONSEQUENCES under Rule 25 after proper service of such
- If any party or an officer or managing agent of a party interrogatories,
refuses to obey - The court on motion and notice:
1. An order made under section 1 of this Rule 1. May strike out all or any part of any pleading of
requiring him to answer designated questions, or that party, or
2. An order under Rule 27 to produce any document 2. Dismiss the action or proceeding or any part
or other thing for inspection, copying, or thereof, or
photographing or to permit it to be done, or to 3. Enter a judgment by default against that party,
permit entry upon land or other property, or AND
3. An order made under Rule 28 requiring him to 4. In its discretion, order him to pay reasonable
submit to a physical or mental examination expenses incurred by the other, including
- The court may make such orders in regard to the attorney’s fees.
refusal as are just, and among others the following:
a. An order that the matters regarding which SECTION 6 EXPENSES AGAINST THE REPUBLIC OF
1) The questions were asked, or THE PHILIPPINES
2) The character or description of the thing or land, Expenses and attorney’s fees are not to be imposed upon
or the Republic of the Philippines under this Rule.
3) The contents of the paper, or
4) The physical or mental condition of the party, or
5) Any other designated facts
 RULE 30 evidence in support of their defense, in the order to
be prescribed by the court;
TRIAL f. The parties may then respectively adduce rebutting
evidence only, unless the court, for good reasons
SECTION 1. NOTICE OF TRIAL and in the furtherance of justice, permits them to
- Upon entry of a case in the trial calendar, adduce evidence upon their original case; and
- The clerk shall notify the parties of the date of its trial g. Upon admission of the evidence, the case shall be
in such manner as shall ensure his receipt of that deemed submitted for decision, unless the court
notice AT LEAST 5 DAYS before such date. directs the parties to argue or to submit their
respective memoranda or any further pleadings.
SECTION 2. ADJOURNMENTS AND POSTPONEMENTS - If several defendants or third-party defendants, and so
- A court may: forth, having separate defenses appear by different
1. Adjourn a trial from day to day, and counsel, the court shall determine the relative order of
2. To any stated time, presentation of their evidence.
3. As the expeditious and convenient transaction of
business may require, SECTION 6. AGREED STATEMENT OF FACTS
4. BUT shall have no power to - The parties to any action may:
a. Adjourn a trial for a longer period than one 1. Agree, in writing, upon the facts involved in the
month for each adjournment, nor litigation, and
b. More than three months in all, 2. Submit the case for judgment on the facts agreed
c. Except when authorized in writing by the Court upon, without the introduction of evidence.
Administrator, Supreme Court. - If the parties agree only on some of the facts in issue,
the trial shall be held as to the disputed facts in such
SECTION 3. REQUISITES OF MOTION TO POSTPONE order as the court shall prescribe.
TRIAL FOR ABSENCE OF EVIDENCE
- A motion to postpone a trial on the ground of SECTION 7. STATEMENT OF JUDGE
absence of evidence can be granted ONLY: - During the hearing or trial of a case
1. Upon affidavit showing the materiality or relevancy - Any statement made by the judge with reference to:
of such evidence, and 1. The case, or to
2. That due diligence has been used to procure it 2. Any of the parties,
- But if the adverse party admits the facts to be given in 3. Witnesses or
evidence, even if he objects or reserves the right to 4. Counsel,
their admissibility, the trial shall not be postponed. - Shall be made of record in the stenographic notes.

SECTION 4. REQUISITES OF MOTION TO POSTPONE SECTION 8. SUSPENSION OF ACTIONS

TRIAL FOR ILLNESS OF PARTY OR COUNSEL - The suspension of actions shall be governed by the
- A motion to postpone a trial on the ground of illness provisions of the Civil Code.
of a party or counsel may be granted if:
1. It appears upon affidavit or sworn certification that SECTION 9. JUDGE TO RECEIVE EVIDENCE;
the presence of such party or counsel at the trial is DELEGATION TO THE CLERK OF COURT
indispensable and - The judge of the court where the case is pending shall
2. That the character of his illness is such as to personally receive the evidence to be adduced by the
render his non-attendance excusable. parties.
- However:
SECTION 5. ORDER OF TRIAL 1. In default or ex parte hearings, and
- Subject to the provisions of section 2 of Rule 31, AND 2. In any case where the parties agree in writing
unless the court for special reasons otherwise directs - The court may delegate the reception of evidence to its
- The trial shall be limited to the issues stated in the pre- clerk of court who is a member of the bar.
trial order and shall proceed as follows: - The clerk of court shall have no power to rule on
a. The plaintiff shall adduce evidence in support of his objections to any question or to the admission of
complaint; exhibits, which objections shall be resolved by the court
b. The defendant shall then adduce evidence in upon submission of his report and the transcripts
support of his defense, counterclaim, cross-claim within ten (10) days from termination of the hearing.
and third-party complaint;
c. The third-party defendant, if any, shall adduce
evidence of his defense, counterclaim, cross-claim
and fourth-party complaint;
d. The fourth-party, and so forth, if any, shall adduce
evidence of the material facts pleaded by them;
e. The parties against whom any counterclaim or
cross-claim has been pleaded, shall adduce
 RULE 31
TRIAL

SECTION 1. CONSOLIDATION
- When actions involving a common question of law or
fact are pending before the court:
1. It may order a JOINT HEARING or TRIAL of any or
all the matters in issue in the actions;
2. It may order all the actions consolidated; and
3. It may make such orders concerning proceedings
therein
- As may tend to avoid unnecessary costs or delay.

SECTION 2. SEPARATE TRIALS

- The court, in furtherance of convenience or to avoid
prejudice, may order a separate trial of any
1. Claim,
2. Cross-claim,
3. Counterclaim, or
4. Third-party complaint, or of
5. Any separate issue or of
6. Any number of claims, cross-claims, counterclaims,
third-party complaints or issues.
 RULE 32 SECTION 4. OATH OF COMMISSIONER
- Before entering upon his duties the commissioner shall be
TRIAL BY COMMISSIONER sworn to a faithful and honest performance thereof.

SECTION 1. REFERENCE BY CONSENT SECTION 5. PROCEEDINGS BEFORE COMMISSIONER

- By WRITTEN CONSENT of both parties, - Upon receipt of the order of reference and unless
- The court may order any or all of the issues in a case to otherwise provided therein,
be referred to a commissioner - The commissioner shall forthwith:
1. To be agreed upon by the parties or 1. Set a time and place for the first meeting of the
2. To be appointed by the court. parties or their counsel to be held WITHIN 10
- As used in these Rules, the word "commissioner" DAYS after the date of the order of reference and
includes a 2. Shall notify the parties or their counsel.
1. Referee,
2. An auditor and
3. An examiner. SECTION 6. FAILURE OF PARTIES TO APPEAR
BEFORE THE COMMISSIONER
- If a party fails to appear at the time and place
SECTION 2. REFERENCE ORDERED ON MOTION appointed, the commissioner may:
- When the parties do not consent, the court may, upon 1. Proceed ex parte or,
the application of either or of its own motion, direct a 2. In his discretion, adjourn the proceedings to a
reference to a commissioner in the following cases: future day, giving notice to the absent party or his
a. When the trial of an issue of fact requires the counsel of the adjournment.
examination of a long account on either side, in
which case the commissioner may be directed to SECTION 7. REFUSAL OF WITNESS
hear and report upon the whole issue or any - The refusal of a witness
specific question involved therein; 1. To obey a subpoena issued by the commissioner
b. When the taking of an account is necessary for the or
information of the court before judgment, or for 2. To give evidence before him,
carrying a judgment or order into effect; - Shall be deemed a CONTEMPT of the COURT which
c. When a question of fact, other than upon the appointed the commissioner.
pleadings, arises upon motion or otherwise, in any
stage of a case, or for carrying a judgment or order SECTION 8. COMMISSIONER SHALL AVOID DELAYS
into effect. - It is the duty of the commissioner to proceed with all
reasonable diligence.
SECTION 3. ORDER OF REFERENCE; POWERS OF - Either party, on notice to the parties and
THE COMMISSIONS commissioner, may apply to the court for an order
- When a reference is made, the clerk shall forthwith requiring the commissioner:
furnish the commissioner with a copy of the order of 1. To expedite the proceedings and
reference. 2. To make his report.
- The order may:
1. Specify or limit the powers of the commissioner, SECTION 9. REPORT OF THE COMMISSIONER
and - Upon the completion of the trial or hearing or
2. Direct him to report only upon particular issues, or proceeding before the commissioner,
3. To do or perform particular acts, or - He shall file with the court his report in writing upon
4. To receive and report evidence only, and the matters submitted to him by the order of reference.
5. May fix the date for beginning and closing the - When his powers are not specified or limited, he shall
hearings and for the filing of his report. set forth his findings of fact and conclusions of law in
- Subject to the specifications and limitations stated in his report.
the order, the commissioner has and shall: - He shall attach thereto all:
1. Exercise the power to regulate the proceedings in 1. Exhibits,
every hearing before him and 2. Affidavits,
2. To do all acts and take all measures necessary or 3. Depositions,
proper for the efficient performance of his duties 4. Papers and the
under the order. 5. Transcript, if any, of the testimonial evidence
3. He may issue subpoenas and subpoenas duces presented before him.
tecum,
4. Swear witnesses, and SECTION 10. NOTICE TO PARTIES OF THE FILING OF
5. Unless otherwise provided in the order of REPORT
reference, he may rule upon the admissibility of - Upon the filing of the report, the parties:
evidence. 1. Shall be notified by the clerk, and they
- The trial or hearing before him shall proceed in all
respects as it would if held before the court.
 2. Shall be allowed 10 DAYS within which to signify
grounds of objections to the findings of the report, if
they so desire.
- Objections to the report based upon grounds which
were available to the parties during the proceedings
before the commissioner, other than objections to the
findings and conclusions therein set forth, shall not be
considered by the court unless they were made before
the commissioner.

SECTION 11. HEARING UPON REPORT

- Upon the expiration of the period of TEN DAYS
referred to in the preceding section:
1. The report shall be set for hearing,
2. After which the court shall issue an order adopting,
modifying, or rejecting the report in whole or in part,
or recommitting it with instructions, or requiring the
parties to present further evidence before the
commissioner or the court.

SECTION 12. STIPULATIONS AS TO FINDINGS

- When the parties stipulate that a commissioner’s findings
of fact shall be final, ONLY QUESTIONS OF LAW shall
thereafter be considered.

SECTION 13. COMPENSATION OF COMMISSIONER

- The court shall allow the commissioner such
reasonable compensation as the circumstances of
the case warrant,
- To be:
1. Taxed as costs against the defeated party, or
2. Apportioned
- As justice requires.
 RULE 33 RULE 34
DEMURRER TO EVIDENCE JUDGMENT ON THE PLEADINGS

SECTION 1. DEMURRER TO EVIDENCE SECTION 1. JUDGMENT ON THE PLEADINGS

- After the PLAINTIFF has completed the presentation of - Where an ANSWER:
his evidence, 1. Fails to tender an issue, or otherwise
- The DEFENDAT may move for dismissal on the 2. Admits the material allegations of the adverse
ground that upon the facts and the law the plaintiff has party’s pleading,
shown no right to relief. - The court may, ON MOTION of that party, direct
! IF HIS MOTION IS DENIED: He shall have the right judgment on such pleading.
to present evidence. - However, in actions for:
! IF THE MOTION IS GRANTED, but on appeal the 1. Declaration of nullity or
order of dismissal is reversed: he shall be 2. Annulment of marriage or for
deemed to have waived the right to present 3. Legal separation,
evidence. - The material facts alleged in the complaint shall
always be proved.
 RULE 35 amount of damages or other relief is not in
controversy, and
SUMMARY JUDGMENTS ! Directing such further proceedings in the action as
are just.
- The facts so specified shall be deemed established,
SECTION 1. SUMMARY JUDGMENT FOR CLAIMANT
and the trial shall be conducted on the controverted
- A party seeking:
facts accordingly.
1. To recover upon a claim, counterclaim, or cross-
claim or
SECTION 5. FORM OF AFFIDAVITS AND SUPPORTING
2. To obtain a declaratory relief
PAPERS
- May at any time AFTER the pleading in answer thereto
- Supporting and opposing affidavits:
has been served,
1. Shall be made on personal knowledge,
- Move with supporting affidavits, depositions or
2. Shall set forth such facts as would be admissible in
admissions for a summary judgment in his favor
evidence, and
upon all or any part thereof.
3. Shall show affirmatively that the affiant is
competent to testify to the matters stated therein.
SECTION 2. SUMMARY JUDGMENT FOR DEFENDING
- Certified true copies of all papers or parts thereof
PARTY
referred to in the affidavit shall be attached thereto or
- A party against whom:
served therewith.
1. A claim, counterclaim, or cross-claim is asserted or
2. A declaratory relief is sought
SECTION 6. AFFIDAVITS IN BAD FAITH
- May, at any time
- Should it appear to the court’s satisfaction at any time
- Move with supporting affidavits, depositions or
that any of the affidavits presented pursuant to this
admissions for a summary judgment in his favor as
Rule are presented
to all or any part thereof.
1. In bad faith, or
2. Solely for the purpose of delay,
SECTION 3. MOTION AND PROCEEDINGS THEREON
- The court shall forthwith
- The motion shall be served AT LEAST 10 DAYS before
! Order the offending party or counsel to pay to the
the time specified for the hearing.
other party the amount of the reasonable
- The adverse party may serve opposing affidavits,
expenses which the filing of the affidavits caused
depositions, or admissions AT LEAST 3 DAYS before
him to incur, including attorney’s fees.
the hearing.
! It may, after hearing, further adjudge the offending
- After the hearing, the judgment sought shall be
party or counsel guilty of contempt.
rendered forthwith if the
1. Pleadings,
2. Supporting affidavits,
3. Depositions, and
4. Admissions on file,
- Show that, except as to the amount of damages:
1. There is no genuine issue as to any material fact
and
2. That the moving party is entitled to a judgment as a
matter of law.

SECTION 4. CASE NOT FULLY ADJUDICATED ON

MOTION
- If on motion under this Rule, judgment is not rendered
upon
1. The whole case or for
2. All the reliefs sought AND
3. A trial is necessary,
- The court at the hearing of the motion:
! By examining the pleadings and the evidence
before it AND
! By interrogating counsel
- Shall ascertain:
! What material facts exist without substantial
controversy AND
! What are actually and in good faith controverted.
- It shall thereupon make an order:
! Specifying the facts that appear without substantial
controversy, including the extent to which the
 RULE 36 - The judgment shall terminate the action with respect to
the claim so disposed of and the action shall proceed
JUDGMENTS, FINAL ORDERS AND as to the remaining claims.
ENTRY THEREOF - In case a separate judgment is rendered, the court by
order:
SECTION 1. RENDITION OF JUDGMENTS AND FINAL 1. May stay its enforcement until the rendition of a
ORDERS subsequent judgment or judgments AND
- A judgment or final order determining the merits of 2. May prescribe such conditions as may be
the case shall be: necessary
1. In writing - To secure the benefit thereof to the party in whose
2. Personally and directly prepared by the judge, favor the judgment is rendered.
3. Stating clearly and distinctly the facts and the law
on which it is based, SECTION 6. JUDGMENT AGAINST ENTITY WITHOUT
4. Signed by him, AND JURIDICAL PERSONALITY
5. Filed with the clerk of the court. - When judgment is rendered against two or more
persons sued as an entity without juridical
SECTION 2. ENTRY OF JUDGMENTS AND FINAL personality,
ORDERS - The judgment shall set out their individual or proper
- If no names, if known.
1. Appeal or
2. Motion for new trial or
3. Motion for reconsideration
- Is filed within the time provided in these Rules,
- The judgment or final order shall forthwith be entered
by the clerk in the book of entries of judgments.
- The date of finality of the judgment or final order shall
be deemed to be the date of its entry.
- The record:
1. Shall contain the dispositive part of the judgment or
final order AND
2. Shall be signed by the clerk,
3. With a certificate that such judgment or final order
has become final and executory.

SECTION 3. JUDGMENT FOR OR AGAINST ONE OR

MORE OF SEVERAL PARTIES
- Judgment may be given:
1. For or against one or more of several plaintiffs,
2. For or against one or more of several defendants.
- When justice so demands, the court may require the
parties on each side to:
1. File adversary pleadings as between themselves
and
2. Determine their ultimate rights and obligations.

SECTION 4. SEVERAL JUDGMENTS

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

SECTION 5. SEPARATE JUDGMENTS

- When more than one claim for relief is presented in an
action,
- The court,
! AT ANY STAGE,
! Upon a determination of the issues material to a
particular claim and all counterclaims arising out of
the transaction or occurrence which is the subject
matter of the claim,
- May render a separate judgment disposing of such
claim.
 RULE 37 3. May deny the motion.
- If the court finds:
NEW TRIAL OR RECONSIDERATION 1. That excessive damages have been awarded or
2. That the judgment or final order is contrary to the
SECTION 1. GROUNDS OF AND PERIOD FOR FILING evidence or law,
MOTION FOR NEW TRIAL OR RECONSIDERATION - It may amend such judgment or final order accordingly.
- Within the period for taking an appeal,
- The aggrieved party may move the trial court to: SECTION 4. RESOLUTION OF MOTION
1. Set aside the judgment or final order and - A motion for new trial or reconsideration shall be resolved
2. Grant a new trial WITHIN 30 DAYS from the time it is submitted for
- For one or more of the following causes materially resolution.
affecting the substantial rights of said party:
a. Fraud, accident, mistake or excusable SECTION 5. SECOND MOTION FOR NEW TRIAL
negligence which ordinary prudence could not - A motion for new trial shall include:
have guarded against and by reason of which such 1. All grounds then available and
aggrieved party has probably been impaired in his 2. Those not so included shall be deemed waived.
rights; or - A SECOND MOTION for new trial, based on a ground
b. Newly discovered evidence, which he could not, not existing nor available when the first motion was
with reasonable diligence, have discovered and made, may be filed within the time herein provided
produced at the trial, and which if presented would excluding the time during which the first motion had
probably alter the result. been pending.
- Within the same period, the aggrieved party may also - No party shall be allowed a second motion for
move for reconsideration upon the grounds: reconsideration of a judgment or final order.
a. That the damages awarded are excessive,
b. That the evidence is insufficient to justify the SECTION 6. EFFECT OF GRANTING OF MOTION FOR
decision or final order, or NEW TRIAL
c. That the decision or final order is contrary to law. - If a new trial is granted in accordance with the
provisions of this Rule:
SECTION 2. CONTENTS OF MOTION FOR NEW TRIAL 1. The ORIGINAL judgment or final order shall be
OR RECONSIDERATION AND NOTICE THEREOF vacated, and
- The motion shall be: 2. The action shall stand for trial de novo;
1. Made in writing 3. But the recorded evidence taken upon the former
2. Stating the ground or grounds therefor, trial, in so far as the same is material and
3. A written notice of which shall be served by the competent to establish the issues, shall be used at
movant on the adverse party. the new trial without retaking the same.
- A motion for new trial shall be proved in the manner
provided for proof of motions. SECTION 7. PARTIAL NEW TRIAL OR
- A motion for the cause mentioned in paragraph (a) of RECONSIDERATION
the preceding section shall be supported by affidavits of - If the grounds for a motion under this Rule appear to
merits which may be rebutted by affidavits. the court to affect the issues
- A motion for the cause mentioned in paragraph (b) 1. As to only a part, or
shall be supported by affidavits of the witnesses by 2. Less than all of the matter in controversy, or
whom such evidence is expected to be given, or by 3. Only one, or
duly authenticated documents which are proposed to 4. Less than all, of the parties to it,
be introduced in evidence. - The court may order a new trial or grant
- A motion for reconsideration shall: reconsideration as to such issues if severable
1. Point out specifically the findings or conclusions of without interfering with the judgment or final order upon
the judgment or final order which are not supported the rest.
by the evidence or which are contrary to law,
2. Making express reference to the testimonial or SECTION 8. EFFECT OF ORDER FOR PARTIAL NEW
documentary evidence or to the provisions of law TRIAL
alleged to be contrary to such findings or - When less than all of the issues are ordered retried, the
conclusions. court may either:
A pro forma motion for new trial or reconsideration 1. Enter a judgment or final order as to the rest, or
shall not toll the reglementary period of appeal. 2. Stay the enforcement of such judgment or final
order until after the new trial.
SECTION 3. ACTION UPON MOTION FOR NEW TRIAL
OR RECONSIDERATION SECTION 9. REMEDY AGAINST ORDER DENYING A
- The trial court may: MOTION FOR NEW TRIAL OR RECONSIDERATION
1. Set aside the judgment or final order AND An order denying a motion for new trial or reconsideration
2. Grant a new trial, upon such terms as may be just, is NOT APPEALABLE, the remedy being an appeal from
OR, the judgment or final order.
 RULE 38 ! Grant such preliminary injunction as may be
necessary
RELIEF FROM JUDGMENTS, ORDERS, ! For the preservation of the rights of the parties,
OR OTHER PROCEEDINGS ! Upon the filing by the petitioner of a bond in favor of
the adverse party
! Conditioned that:
SECTION 1. PETITION FOR RELIEF FROM JUDGMENT, 1. If the petition is dismissed or
ORDER, OR OTHER PROCEEDINGS 2. The petitioner fails on the trial of the case
1. When a judgment or final order is entered, or upon its merits
2. Any other proceeding is thereafter taken against a He will pay the adverse party all damages and
party in any court costs that may be awarded to him by reason of
! Through fraud, accident, mistake, or excusable issuance of such injunction or the other
negligence, proceedings following the petition;
- He may: - BUT such injunction shall not operate to discharge or
1. File a petition in such court AND extinguish any lien, which the adverse party may have
2. In the same case praying that the judgment, acquired upon the property of the petitioner.
order, or proceeding be set aside.
SECTION 6. PROCEEDINGS
SECTION 2. PETITION FOR RELIEF FROM DENIAL OF - After the filing of the answer OR the expiration of
APPEAL the period therefor,
1. When a judgment or final order is rendered by any - The COURT shall hear the petition AND
court in a case, AND 1. If after such hearing, it finds that the allegations
2. A party thereto, by fraud, accident, mistake, or thereof are not TRUE: the petition shall be
excusable negligence, has been prevented from dismissed;
taking an appeal, 2. But if it finds said allegations to be TRUE, it shall
- He may: set aside the judgment or final order or other
1. File a petition in such court AND proceedings complained of upon such terms as
2. In the same case praying that the appeal be given may be just.
due course.
• Thereafter the case shall stand as if such
judgment, final order or other proceeding had
SECTION 3. TIME FOR FILING PETITION; CONTENTS
never been rendered, issued or taken.
AND VERIFICATION
• The court shall then proceed to hear and
- A petition provided for in either of the preceding
determine the case as if a timely motion for a
sections of this Rule must be:
new trial or reconsideration had been granted
1. Verified,
by it.
2. Filed
a. WITHIN 60 DAYS after the petitioner learns of
SECTION 7. PROCEDURE WHERE THE DENIAL OF AN
the judgment, final order, or other proceeding
APPEAL IS SET ASIDE
to be set aside, AND
- Where the denial of an appeal is set aside, the
b. Not more than 6 MONTHS after such judgment
LOWER COURT shall be required:
or final order was entered, or such proceeding
1. To give due course to the appeal AND
was taken; AND
2. To elevate the record of the appealed case as if a
3. Must be accompanied with affidavits showing:
timely and proper appeal had been made.
a. The fraud, accident, mistake, or excusable
negligence relied upon, and
b. The facts constituting the petitioner's good and
substantial cause of action or defense, as the
case may be.

SECTION 4. ORDER TO FILE AN ANSWER

- If the petition is sufficient in form and substance to
justify relief,
- The court in which it is filed, shall:
1. Issue an order requiring the adverse parties to
answer the same WITHIN 15 DAYS from the
receipt thereof.
2. The order shall be served in such manner as the
court may direct, together with copies of the
petition and the accompanying affidavits.

SECTION 5. PRELIMINARY INJUNCTION

- The court in which the petition is filed, may:
 RULE 39 1. Upon approval by the proper court of a sufficient
supersedeas bond
EXECUTION, SATISFACTION AND 2. Filed by the party against whom it is directed,
EFFECT OF JUDGMENTS 3. Conditioned upon the performance of the
judgment or order allowed to be executed in case it
shall be finally sustained in whole or in part.
SECTION 1. EXECUTION UPON JUDGMENTS OR FINAL - The bond thus given may be proceeded against on
ORDERS motion with notice to the surety.
- EXECUTION shall:
1. Issue as a matter of right, SECTION 4. JUDGMENTS NOT STAYED BY APPEAL
2. On motion, - Judgments in actions for: (IRAsS)
3. Upon a judgment or order that disposes of the 1. Injunction,
action or proceeding 2. Receivership,
4. Upon the expiration of the period to appeal 3. Accounting and support, and
therefrom if no appeal has been duly perfected. 4. Such other judgments as are now or may hereafter
- If the APPEAL has been duly perfected and finally be declared to be immediately executory
resolved, the execution may forthwith be applied for: - Shall be enforceable after their rendition and shall
1. In the court of origin, not be stayed by an appeal taken therefrom,
2. On motion of the judgment obligee, UNLESS otherwise ordered by the trial court.
3. Submitting therewith certified true copies of the: - On appeal therefrom, the appellate court in its
• Judgment or judgments or discretion may make an order:
• Final order or orders sought to be enforced 1. Suspending,
AND of the 2. Modifying,
• Entry thereof, with 3. Restoring or
• Notice to the adverse party. 4. Granting the injunction, receivership, accounting, or
The appellate court may, award of support.
1. On motion - The stay of execution shall be:
2. In the same case, 1. Upon such terms as to bond or otherwise
3. When the interest of justice so requires, 2. As may be considered proper
4. Direct the court of origin 3. For the security or protection of the rights of the
5. To issue the writ of execution. adverse party.

SECTION 2. DISCRETIONARY EXECUTION SECTION 5. EFFECT OF REVERSAL OF EXECUTED

A. Execution of a judgment or final order pending JUDGMENT
appeal: - Where the executed judgment is
1. On motion of the prevailing party 1. Reversed totally or partially, or
2. With notice to the adverse party 2. Annulled, on appeal or otherwise,
3. Filed in the trial court while it has jurisdiction over - The TRIAL COURT may, on MOTION, issue such
the case AND is in possession of either the orders of
original record or the record on appeal, as the case 1. Restitution or
may be, 2. Reparation of damages as
4. At the time of the filing of such motion 3. Equity and justice may warrant under the
- Said court may, in its discretion, order execution of a circumstances.
judgment or final order even before the expiration of the
period to appeal. SECTION 6. EXECUTION BY MOTION OR BY
- After the trial court has lost jurisdiction, the motion INDEPENDENT ACTION
for execution pending appeal may be filed in the - A final and executory judgment or order may be
appellate court. executed on MOTION within FIVE YEARS from the
- DISCRETIONARY EXECUTION may only issue upon date of its ENTRY.
good reasons to be stated in a special order after due - After the lapse of such time, and before it is barred by
hearing. the statute of limitations, a judgment may be enforced
B. Execution of several, separate or partial by ACTION.
judgments. - The revived judgment may also be enforced:
- A several, separate, or partial judgment may be 1. By motion
executed 2. Within five (5) years from the date of its entry and
- Under the same terms and conditions as execution of thereafter
a judgment or final order pending appeal. 3. By action
4. Before it is barred by the statute of limitations.
SECTION 3. STAY OF DISCRETIONARY EXECUTION
- Discretionary execution issued under the preceding
section may be STAYED:
SECTION 7. EXECUTION IN CASE OF DEATH OF 1. The amount of the interest, costs,
PARTY damages, rents, or
- In case of the death of party, execution may issue or be 2. Profits due as of the date of the issuance
enforced in the following manner: of the writ, aside from the principal
a. In case of the death of the judgment obligee: obligation under the judgment.
Upon the application of his: 3. For this purpose, the motion for execution
1. Executor or administrator, or shall specify the amounts of the foregoing
2. Successor in interest; reliefs sought by the movant.
b. In case of the death of the judgment obligor:
Against his SECTION 9. EXECUTION OF JUDGMENTS FOR
1. Executor or administrator or MONEY, HOW ENFORCED
2. Successor in interest, A. IMMEDIATE PAYMENT ON DEMAND
If the judgment be for the - The officer shall enforce an execution of a judgment for
1. Recovery of real or personal property, or the money by demanding from the judgment obligor the
2. Enforcement of the lien thereon; immediate payment of the
c. In case of the death of the judgment obligor, after 1. Full amount stated in the writ of execution and
execution is actually levied upon any of his 2. All lawful fees.
property: - The judgment obligor shall pay:
1. The same may be sold for the satisfaction of 1. In cash,
the judgment obligation, and 2. Certified bank check payable to the judgment
2. The officer making the sale shall account to obligee or
the corresponding executor or administrator for 3. Any other form of payment acceptable to the latter,
any surplus in his hands. the amount of the judgment debt under proper
receipt directly to the judgment obligee or his
SECTION 8. ISSUANCE, FORM, AND CONTENTS OF A authorized representative if present at the time of
WRIT OF EXECUTION payment.
- The writ of execution shall: - The lawful fees shall be handed under proper receipt to
1. Issue in the name of the Republic of the Philippines the executing sheriff who shall turn over the said
from the court which granted the motion; amount within the same day to the clerk of court of the
2. State the court that issued the writ.
a. Name of the court, - If the judgment obligee or his authorized representative
b. The case number and title, is not present to receive payment, the judgment
c. The dispositive part of the subject judgment or obligor shall deliver the aforesaid payment to the
order; and executing sheriff.
3. Require the sheriff or other proper officer to whom - The latter shall turn over all the amounts coming into
it is directed to enforce the writ according to its his possession within the same day
terms, in the manner herein after provided: 1. To the clerk of court of the court that issued the
a. If the execution be against the property of the writ, or
judgment obligor: to satisfy the judgment, with 2. If the same is not practicable, deposit said amount
interest, out of the real or personal property of to a fiduciary account in the nearest government
such judgment obligor; depository bank of the Regional Trial Court of the
b. If it be against real or personal property in the locality.
hands of personal representatives, heirs, - The clerk of court shall thereafter arrange for the
devisees, legatees, tenants, or trustees of the remittance of the deposit to the account of the court
judgment obligor: to satisfy the judgment, with that issued the writ whose clerk of court shall then
interest, out of such properties; deliver said payment to the judgment obligee in
c. If it be for the sale of real or personal property: satisfaction of the judgment.
to sell such property, describing it, and apply - The EXCESS, if any, shall be delivered to the judgment
the proceeds in conformity with the judgment, obligor while the lawful fees shall be retained by the
the material parts of which shall be recited in clerk of court for disposition as provided by law.
the writ of execution; - In no case shall the executing sheriff demand that any
d. If it be for the delivery of the possession of real payment by check be made payable to him.
or personal property: to deliver the possession
of the same, describing it, to the party entitled B. SATISFACTION BY LEVY
thereto, and to satisfy any costs, damages, - If the judgment obligor cannot pay all or part of the
rents, or profits covered by the judgment out of obligation in cash, certified bank check or other mode of
the personal property of the person against payment acceptable to the judgment obligee, the officer
whom it was rendered, and if sufficient shall levy upon the properties of the judgment obligor:
personal property cannot be found, then out of 1. Of every kind and nature whatsoever
the real property; and 2. Which may be disposed of for value and not
e. In all cases, the writ of execution shall otherwise exempt from execution
specifically state:
 3. Giving the latter the option to immediately choose - The executing sheriff shall observe the same
which property or part thereof may be levied upon, procedure under paragraph (a) with respect to delivery
4. Sufficient to satisfy the judgment. of payment to the judgment obligee.
- If the judgment obligor does not exercise the option,
the officer shall SECTION 10. EXECUTION OF JUDGMENTS FOR
1. First levy on the personal properties, if any, and SPECIFIC ACT
then on
2. The real properties if the personal properties are A. CONVEYANCE, DELIVERY OF DEEDS, OR
insufficient to answer for the judgment. OTHER SPECIFIC ACTS; VESTING TITLE
- The sheriff shall sell only a sufficient portion of the - If a judgment directs a party
personal or real property of the judgment obligor which 1. To execute a conveyance of land or personal
has been levied upon. property, or
- When there is more property of the judgment obligor 2. To deliver deeds or other documents, or
than is sufficient to satisfy the judgment and lawful 3. To perform any other specific act in connection
fees, he must sell only so much of the personal or real therewith,
property as is sufficient to satisfy the judgment and - And the party fails to comply within the time specified,
lawful fees. - The court may direct the act
- Real property, stocks, shares, debts, credits, and other 1. To be done at the cost of the disobedient party by
personal property, or any interest in either real or some other person appointed by the court and
personal property, may be levied upon in like manner 2. The act when so done shall have like effect as if
and with like effect as under a writ of attachment. done by the party.
- If real or personal property is situated within the
C. GARNISHMENT OF DEBTS AND CREDITS Philippines, the court in lieu of directing a
- The officer may levy on: conveyance thereof may by an ORDER divest the title
1. Debts due the judgment obligor and other credits, of any party and vest it in others, which shall have the
including force and effect of a conveyance executed in due form
2. Bank deposits, of law.
3. Financial interests,
4. Royalties, B. SALE OF REAL OR PERSONAL PROPERTY
5. Commissions and - If the judgment be for the sale of real or personal
6. Other personal property not capable of manual property,
delivery in the possession or control of third parties. 1. To sell such property,
- Levy shall be made by serving notice upon 2. Describing it, and
1. The person owing such debts or 3. Apply the proceeds in conformity with the
2. The person having in his possession or control judgment.
such credits to which the judgment obligor is
entitled. C. DELIVERY OR RESTITUTION OF REAL
- The garnishment shall cover only such amount as will PROPERTY
satisfy the judgment and all lawful fees. - The officer shall demand of the person against whom
- The garnishee shall make: the judgment for the delivery or restitution of real
1. A written report to the court property is rendered and all persons claiming rights
2. Within FIVE DAYS from service of the notice of under him
garnishment 1. To peaceably vacate the property WITHIN 3
3. Stating whether or not the judgment obligor has WORKING DAYS days, and
sufficient funds or credits to satisfy the amount of 2. Restore possession thereof to the judgment
the judgment. obligee;
4. IF NOT, the report shall state how much funds or 3. Otherwise, the officer shall oust and such persons
credits the garnishee holds for the judgment therefrom with the assistance,
obligor. a. If necessary,
- The garnished amount in cash, or certified bank check b. Of appropriate peace officers, and
issued in the name of the judgment obligee, shall be c. Employing such means as may be reasonably
delivered DIRECTLY to the judgment obligee within ten necessary to retake possession, and
(10) working days from service of notice on said d. Place the judgment obligee in possession of
garnishing requiring such delivery, except the lawful such property.
fees which shall be paid directly to the court. - Any costs, damages, rents or profits awarded by the
- In the event there are two or more garnishees holding judgment shall be satisfied in the same manner as a
deposits or credits sufficient to satisfy the judgment, the judgment for money.
judgment obligor, if available, shall have the right to
indicate the garnishee or garnishees who shall be
required to deliver the amount due; otherwise, the
choice shall be made by the judgment obligee
 D. REMOVAL OF IMPROVEMENTS ON judgment obligor and his family, such as the
PROPERTY SUBJECT OF EXECUTION judgment obligor may select, of a value not
- When the property subject of the execution contains exceeding one hundred thousand pesos;
improvements constructed or planted by the judgment f. Provisions for individual or family use sufficient for
obligor or his agent, four months;
- The officer shall not destroy, demolish or remove g. The professional libraries and equipment of
said improvements judges, lawyers, physicians, pharmacists, dentists,
- EXCEPT engineers, surveyors, clergymen, teachers, and
1. Upon special order of the court, other professionals, not exceeding three hundred
2. Issued upon MOTION of the judgment obligee thousand pesos in value;
3. After due hearing and h. One fishing boat and accessories not exceeding
4. After the former has failed to remove the same the total value of one hundred thousand pesos
within a reasonable time fixed by the court. owned by a fisherman and by the lawful use of
which he earns his livelihood;
E. DELIVERY OF PERSONAL PROPERTY i. So much of the salaries, wages, or earnings of the
- In judgments for the delivery of personal property, judgment obligor of his personal services within the
- The officer four months preceding the levy as are necessary
1. Shall take possession of the same and for the support of his family;
2. Forthwith deliver it to the party entitled thereto and j. Lettered gravestones;
3. Satisfy any judgment for money as therein k. Monies benefits, privileges, or annuities accruing
provided. or in any manner growing out of any life insurance;
l. The right to receive legal support, or money or
SECTION 11. EXECUTION OF SPECIAL JUDGMENTS property obtained as such support, or any pension
- When a judgment requires the performance of any act or gratuity from the Government;
other than those mentioned in the two preceding m. Properties specially exempt by law.
sections, - But no article or species of property mentioned in
- A certified copy of the judgment this section shall be exempt from execution issued
1. Shall be attached to the writ of execution and 1. Upon a judgment recovered for its price or
2. Shall be served by the officer upon: 2. Upon a judgment of foreclosure of a mortgage
a. The party against whom the same is rendered, thereon.
or upon
b. Any other person required thereby, or by law, SECTION 14. RETURN OF WRIT OF EXECUTION
to obey the same, and - The writ of execution shall be returnable to the court
3. Such party or person may be punished for issuing it immediately after the judgment has been
contempt if he disobeys such judgment. satisfied in part or in full.
- If the judgment cannot be satisfied in full WITHIN 30
SECTION 12. EFFECT OF LEVY ON EXECUTION AS TO DAYS after his receipt of the writ, the officer shall
THIRD PERSONS 1. Report to the court and
- The levy on execution shall create a LIEN in favor of 2. State the reason therefor.
the judgment obligee over the right, title and interest - Such writ shall continue in effect during the period
of the judgment obligor in such property at the time of within which the judgment may be enforced by motion.
the levy, subject to liens and encumbrances then - The officer shall make a report to the court EVERY
existing. 30 DAYS on the proceedings taken thereon until the
judgment is satisfied in full, or its effectivity expires.
SECTION 13. PROPERTY EXEMPT FROM EXECUTION - The returns or periodic reports
- Except as otherwise expressly provided by law, the 1. Shall set forth the whole of the proceedings taken,
following property, AND NO OTHER, shall be exempt and
2
from execution: (FOTN-HP OS-LMRP) 2. Shall be filed with the court and copies thereof
a. The judgment obligor's family home as provided promptly furnished the parties.
by law, or the homestead in which he resides,
and land necessarily used in connection SECTION 15. NOTICE OF SALE OF PROPERTY ON
therewith; EXECUTION
b. Ordinary tools and implements personally used by - Before the sale of property on execution, NOTICE
him in hs trade, employment, or livelihood; thereof must be given as follows:
c. Three horses, or three cows, or three carabaos, or a. In case of perishable property, by posting written
other beasts of burden such as the judgment notice of
obligor may select necessarily used by him in his 1. The time and place of the sale
ordinary occupation; 2. In three (3) public places, preferably in
d. His necessary clothing and articles for ordinary conspicuous areas of the municipal or city
personal use, excluding jewelry; hall, post office and public market in the
e. Household furniture and utensils necessary for municipality or city where the sale is to take
housekeeping, and used for that purpose by the place,
 3. For such time as may be reasonable, 2. Files a bond approved by the court to indemnify the
considering the character and condition of third-party claimant in a sum not less than the
the property; value of the property levied on.
b. In case of other personal property, by posting a - In case of disagreement as to such value, the same
similar notice in the three (3) public places above- shall be determined by the court issuing the writ of
mentioned for NOT LESS THAN 5 DAYS execution.
c. In case of real property, by posting - No claim for damages for the taking or keeping of the
1. For 20 DAYS property may be enforced against the bond UNLESS
2. In the three (3) public places above-mentioned a the action therefor is filed within 120 DAYS from the
3. Similar notice date of the filing of the bond.
4. Particularly describing the property and stating - The officer shall not be liable for damages for the
where the property is to be sold, and taking or keeping of the property, to any third-party
If the assessed value of the property exceeds fifty claimant if such bond is filed.
thousand (P50,000.00) pesos: - Nothing herein contained shall:
1. By publishing a copy of the notice 1. Prevent such claimant or any third person from
2. Once a week for two (2) consecutive weeks vindicating his claim to the property in a separate
3. In one newspaper selected by raffle, action, or
4. Whether in English, Filipino, or any major regional 2. Prevent the judgment obligee from claiming
language damages in the same or a separate action against
5. Published, edited and circulated or, in the absence a third-party claimant who filed a frivolous or plainly
thereof, having general circulation in the province spurious claim.
or city; - When the writ of execution is issued in favor of the
d. In all cases, Republic of the Philippines, or any officer duly
1. Written notice of the sale shall be given to the representing it, the filing of such bond shall not be
judgment obligor, required, and
2. At least three (3) days before the sale, - In case the sheriff or levying officer is sued for
3. Except as provided in paragraph (a) hereof where damages as a result of the levy,
notice shall be given at any time before the sale, 1. He shall be represented by the Solicitor General
4. In the same manner as personal service of and
pleadings and other papers as provided by 2. If held liable therefor, the actual damages adjudged
Section 6 of Rule 13. by the court shall be paid by the National
- The notice shall specify Treasurer out of such funds as may be
1. The place, date and exact time of the sale appropriated for the purpose.
2. Which should not be earlier than 9 o’clock in the
morning and not later than 2 o’clock in the SECTION 17. PENALTY FOR SELLING WITHOUT
afternoon. NOTICE, OR REMOVING OR DEFACING NOTICE
- The place of the sale may be agreed upon by the - An officer selling without the notice prescribed by
parties. section 15 of this Rule shall be liable to pay PUNITIVE
- In the absence of such agreement, the sale of real DAMAGES in the amount of five thousand
property or personal property not capable of manual (P5,000.00) pesos to any person injured thereby, in
delivery shall be held in the office of the clerk of court of addition to his ACTUAL DAMAGES, both to be
the Regional Trial Court or the Municipal Trial Court recovered by MOTION in the same action;
1. Which issued the writ or - And a person willfully removing or defacing the
2. Which was designated by the appellate court. notice posted, if done
- In the case of personal property capable of manual 1. Before the sale, or
delivery, the sale shall be held in the place where the 2. Before the satisfaction of the judgment if it be
property is located. satisfied before the sale,
- shall be liable to pay five thousand (P5,000.000)
SECTION 16. PROCEEDINGS WHERE PROPERTY pesos to any person injured by reason thereof, in
CLAIMED BY THIRD PERSON addition to his ACTUAL DAMAGES, to be recovered
- If the property levied on is claimed by any person by MOTION in the same action.
other than the judgment obligor or his agent, and
such person SECTION 18. NO SALE IF JUDGMENT AND COSTS
1. Makes an affidavit of his title thereto or right to the PAID
possession thereof, - At ANY TIME before the sale of property on execution,
2. Stating the grounds of such right or title, and - The judgment obligor may prevent the sale by paying
3. Serves the same upon the officer making the levy the amount required by the execution and the costs
and a copy thereof upon the judgment obligee, that have been incurred therein.
- The officer shall not be bound to keep the property,
unless such judgment obligee,
1. On demand of the officer,
SECTION 19. HOW PROPERTY SOLD ON EXECUTION; SECTION 22. ADJOURNMENT OF SALE
WHO MAY DIRECT MANNER AND ORDER OF SALE - By written consent of the judgment obligor and
- All sales of property under execution must be made: obligee, or their duly authorized representatives,
1. At public auction, - The officer may ADJOURN the sale to any date and
2. To the highest bidder, time agreed upon by them.
3. To start at the exact time fixed in the notice. - Without such agreement, he may adjourn the sale from
- After sufficient property has been sold to satisfy the day to day if it becomes necessary to do so for lack of
execution, time to complete the sale on the day fixed in the notice
1. No more shall be sold and or the day to which it was adjourned.
2. Any excess property or proceeds of the sale shall
be promptly delivered to the judgment obligor or his SECTION 23. CONVEYANCE TO PURCHASER OF
authorized representative, PERSONAL PROPERTY CAPABLE OF MANUAL
3. Unless otherwise directed by the judgment or DELIVERY
order of the court. - When the purchaser of any personal property,
- When the sale is of real property, consisting of capable of manual delivery, pays the purchase price,
several known lots, they must be sold separately; or the officer making the sale must:
- When a portion of such real property is claimed by 1. Deliver the property to the purchaser and,
a third person, he may require it to be sold separately. 2. If desired, execute and deliver to him a certificate
- When the sale is of personal property capable of of sale.
manual delivery, it must be sold within view of those - The sale conveys to the purchaser all the rights which
attending the same and in such parcels as are likely to the judgment obligor had in such property as of
bring the highest price. 1. The date of the levy on execution OR
- The judgment obligor, if present at the sale, may 2. Preliminary attachment.
1. Direct the order in which property, real or personal,
shall be sold, SECTION 24. CONVEYANCE TO PURCHASER OR
2. When such property consists of several known PERSONAL PROPERTY NOT CAPABLE OF MANUAL
lots or parcels which can be sold to advantage DELIVERY
separately. - When the purchaser of any personal property, not
- Neither the officer conducting the execution sale, nor capable of manual delivery, pays the purchase price,
his deputies, can the officer making the sale must execute and deliver
1. Become a purchaser, nor to the purchaser a CERTIFICATE OF SALE.
2. Be interested directly or indirectly in any purchase - Such certificate conveys to the purchaser all the rights
at such sale. which the judgment obligor had in such property as of
1. The date of the levy on execution OR
SECTION 20. REFUSAL OF PURCHASER TO PAY 2. Preliminary attachment.
- If a purchaser refuses to pay the amount bid by him for
property struck off to him at a sale under execution, the SECTION 25. CONVEYANCE OF REAL PROPERTY;
officer may: CERTIFICATE THEREOF GIVEN TO PURCHASER AND
1. Again sell the property to the highest bidder and FILED WITH REGISTRY OF DEEDS
2. Shall not be responsible for any loss occasioned - Upon a sale of real property, the officer must give to the
thereby; purchaser a certificate of sale containing:
- But the court may order the refusing purchaser to: a. A particular description of the real property sold;
1. Pay into the court the amount of such loss, with b. The price paid for each distinct lot or parcel;
costs, and c. The whole price paid by him;
2. May punish him for contempt if he disobeys the d. A statement that the right of redemption expires
order. one (1) year from the date of the registration of the
- The amount of such payment shall be for the benefit of certificate of sale.
the person entitled to the proceeds of the - Such certificate must be registered in the registry of
execution, unless the execution has been fully deeds of the place where the property is situated.
satisfied, in which event such proceeds shall be for the
benefit of the judgment obligor. SECTION 26. CERTIFICATE OF SALE WHERE
- The officer may thereafter reject any subsequent bid of PROPERTY CLAIMED BY THIRD PERSON
such purchaser who refuses to pay. - When a property sold by virtue of a writ of execution
has been claimed by a third person,
SECTION 21. JUDGMENT OBLIGEE AS PURCHASER - The certificate of sale to be issued by the sheriff
When the purchaser is the judgment obligee, and no pursuant to sections 23, 24 and 25 of this Rule shall
third-party claim has been filed, he need not pay the make express mention of the existence of such
amount of the bid if it does not exceed the amount of his third-party claim.
judgment. If it does, he shall pay only the excess.
SECTION 27. WHO MAY REDEEM REAL PROPERTY SO - If any assessments or taxes are paid by the
SOLD redemptioner or if he has or acquires any lien other
- Real property sold as provided in the last preceding than that upon which the redemption was made,
section, or any part thereof sold separately, may be notice thereof must in like manner be given to
redeemed in the manner hereinafter provided, by the 1. the officer and
following persons: 2. Filed with the registry of deeds;
a. The judgment obligor, or his successor in interest - If such notice be not filed, the property may be
in the whole or any part of the property; redeemed without paying such assessments, taxes, or
b. A creditor having a lien by virtue of an liens.
attachment, judgment or mortgage on the property
sold, or on some part thereof, subsequent to the SECTION 29. EFFECT OF REDEMPTION BY
lien under which the property was sold. Such JUDGMENT OBLIGOR, AND A CERTIFICATE TO BE
redeeming creditor is termed a redemptioner. DELIVERED AND RECORED THEREUPON; TO WHOM
PAYMENTS ON REDEMPTION MADE
SECTION 28. TIME AND MANNER OF, AND AMOUNTS - If the judgment obligor redeems, he must make the
PAYABLE ON SUCCESSIVE REDEMPTIONS; NOTICE same payments as are required to effect a redemption
TO BE GIVEN AND FILED by a redemptioner, whereupon, no further redemption
- The judgment obligor, or redemptioner, may redeem shall be allowed and he is restored to his estate.
the property from the purchaser: - The person to whom the redemption payment is made
1. At any time within one (1) year must:
2. From the date of the registration of the certificate 1. Execute and deliver to him a certificate of
of sale, redemption
3. By paying the purchaser the amount of his 2. Acknowledged before a notary public or other
purchase, officer authorized to take acknowledgments of
4. With one per centum per month interest thereon in conveyances of real property.
addition, up to the time of redemption, 3. Such certificate must be filed and recorded in the
5. Together with the amount of any assessments or registry of deeds of the place in which the property
taxes which the purchaser may have paid thereon is situated, and
after purchase, and interest on such last named 4. The registrar of deeds must note the record thereof
amount at the same rate; and on the margin of the record of the certificate of
6. If the purchaser be also a creditor having a prior sale.
lien to that of the redemptioner, other than the - The payments mentioned in this and the last preceding
judgment under which such purchase was made, sections may be made to the
the amount of such other lien, with interest. 1. Purchaser or redemptioner, or
- Property so redeemed may again be redeemed: 2. For him to the officer who made the sale.
1. Within sixty (60) days after the last redemption
2. Upon payment of the sum paid on the last SECTION 30. PROOF REQUIRED OF REDEMPTIONER
redemption, - A redemptioner must:
3. With two per centum thereon in addition, and 1. Produce to the officer, or person from whom he
4. The amount of any assessments or taxes which the seeks to redeem, and
last redemptioner may have paid thereon after 2. Serve with his notice to the officer a copy of the
redemption by him, with interest on such last- judgment or final order under which he claims the
named amount, and right to redeem,
5. In addition, the amount of any liens held by said 3. Certified by the clerk of the court wherein the
last redemptioner prior to his own, with interest. judgment or final order is entered; OR,
- The property may be again, and as often as a - If he redeems upon a mortgage or other lien,
redemptioner is so disposed, redeemed from any 1. A memorandum of the record thereof,
previous redemptioner 2. Certified by the registrar of deeds;
1. Within sixty (60) days after the last redemption, - OR an original or certified copy of any assignment
2. On paying the sum paid on the last previous necessary to establish his claim;
redemption, - AND an affidavit executed by him or his agent, showing
3. With two per centum thereon in addition, and the the amount then actually due on the lien.
amounts of any assessments or taxes which the
last previous redemptioner paid after the SECTION 31. MANNER OF USING PREMISES PENDING
redemption thereon, with interest thereon, and REDEMPTION; WASTE RESTRAINED
4. The amount of any liens held by the last - Until the expiration of the time allowed for redemption,
redemptioner prior to his own, with interest. - The court may, as in other proper cases,
- Written notice of any redemption must be given to ! Restrain the commission of waste on the
1. The officer who made the sale and property by injunction,
- A duplicate filed with the registry of deeds of the ! On the application of the purchaser or the judgment
place, AND obligee,
! With or without notice;
- BUT it is not waste for a. In consequence of irregularities in the
1. A person in possession of the property at the time proceedings concerning the sale, or
of the sale, or b. Because the judgment has been reversed or
2. Entitled to possession afterwards, during the period set aside, or
allowed for redemption, c. Because the property sold was exempt from
- To continue to use it execution, or
1. In the same manner in which it was previously d. Because a third person has vindicated his
used; or claim to the property,
2. To use it in the ordinary course of husbandry; or - He may
3. To make the necessary repairs to buildings thereon 1. On motion in the same action or in a separate
while he occupies the property. action recover from the judgment obligee the
price paid, with interest, or so much thereof as has
SECTION 32. RENTS, EARNINGS, AND INCOME OF not been delivered to the judgment obligor; or
PROPERTY PENDING REDEMPTION 2. He may, on motion, have the original judgment
- The purchaser or a redemptioner shall not be entitled to revived in his name for the whole price with
receive (REI-VUC) interest, or so much thereof as has been delivered
1. The rents, earnings and income of the property to the judgment obligor.
sold on execution, or - The judgment so revived shall have the same force and
2. The value of the use and occupation thereof effect as an original judgment would have as of the
when such property is in the possession of a date of the revival and no more.
tenant.
- All rents, earnings and income derived from the SECTION 35. RIGHT TO CONTRIBUTION OR
property pending redemption shall belong to the REIMBURSEMENT
judgment obligor until the expiration of his period of - When property liable to an execution against several
redemption. persons is sold thereon, and
- More than a due proportion of the judgment is satisfied
SECTION 33. DEED AND POSSESSION TO BE GIVEN out of the proceeds of the sale of the property of one of
AT EXPIRATION OF REDEMPTION PERIOD; BY WHOM them, or one of them pays, without a sale, more than
EXECUTED OR GIVEN. his proportion,
- If no redemption be made within one (1) year from the - He may compel a contribution from the others;
date of the registration of the certificate of sale, the - And when a judgment is upon an obligation of one of
purchaser is entitled to a conveyance and possession them, as security for another,
of the property; or, - And the surety pays the amount, or any part thereof,
- If so redeemed whenever sixty (60) days have either by sale of his property or before sale,
elapsed and no other redemption has been made, and - He may compel repayment from the principal.
notice thereof given, and the time for redemption has
expired, the last redemptioner is entitled to the SECTION 36. EXAMINATION OF JUDGMENT OBLIGOR
conveyance and possession; WHEN JUDGMENT UNSATISFIED
- BUT in all cases the judgment obligor shall have the - When the return of a writ of execution issued against
entire period of one (1) year from the date of the property of a judgment obligor, or any one of several
registration of the sale to redeem the property. obligors in the same judgment, shows that the
- The deed shall be executed by the officer making the judgment remains unsatisfied, in whole or in part,
sale or by his successor in office, and in the latter - The judgment obligee, at any time after such return is
case shall have the same validity as though the officer made, shall be entitled to
making the sale had continued in office and executed it. 1. An order from the court which rendered the said
- Upon the expiration of the right of redemption, the judgment,
purchaser or redemptioner shall be: 2. Requiring such judgment obligor to appear and be
1. Substituted to and examined concerning his property and income
2. Acquire all the rights, title, interest and claim of the 3. Before such court or before a commissioner
judgment obligor to the property as of the time of appointed by it, at a specified time and place; and
the levy. 4. Proceedings may thereupon be had for the
- The possession of the property shall be given to the application of the property and income of the
purchaser or last redemptioner by the same officer judgment obligor towards the satisfaction of the
unless a third party is actually holding the property judgment.
adversely to the judgment obligor. - But no judgment obligor shall be so required to appear
before a court or commissioner outside the province
SECTION 34. RECOVERY OF PRICE IF SALE NOT or city in which such obligor resides or is found.
EFFECTIVE; REVIVAL OF JUDGMENT
- If the purchaser of real property sold on execution, or
his successor in interest:
1. Fails to recover the possession thereof, or is
2. Evicted therefrom,
SECTION 37. EXAMINATION OF OBLIGOR OF SECTION 40. ORDER FOR APPLICATION OF
JUDGMENT OBLIGOR PROPERTY AND INCOME TO SATISFACTION OF
- When the return of a writ of execution against the JUDGMENT
property of a judgment obligor shows that the judgment - The court may order
remains unsatisfied, in whole or in part, AND 1. Any property of the judgment obligor, or
- Upon proof to the satisfaction of the court which issued 2. Money due him, not exempt from execution,
the writ, that a person, corporation, or other juridical 3. In the hands of either himself or another person, or
entity has property of such judgment obligor or is of a corporation or other juridical entity,
indebted to him, - To be applied to the satisfaction of the judgment,
- The court may, by an ORDER, subject to any prior rights over such property.
1. Require such person, corporation, or other juridical - If, upon investigation of his current income and
entity, or any officer or member thereof, to appear expenses, it appears that the earnings of the judgment
before the court or a commissioner appointed by it, obligor for his personal services are more than
2. At a time and place within the province or city necessary for the support of his family, the court may
where such debtor resides or is found, and order that
3. Be examined concerning the same. 1. He pay the judgment in fixed monthly installments,
- The service of the order shall bind: and
1. All credits due the judgment obligor and 2. Upon his failure to pay any such installment when
2. All money and property of the judgment obligor in due without good excuse, may punish him for
the possession or in the control of such person, indirect contempt.
corporation, or juridical entity
3. From the time of service; and SECTION 41. APPOINTMENT OF RECEIVER
- The court may also require notice of such proceedings - The court may:
to be given to any party to the action in such manner as 1. Appoint a receiver of the property of the judgment
it may deem proper. obligor; and it may also
2. Forbid a transfer or other disposition of, or any
SECTION 38. ENFORCEMENT OF ATTENDANCE AND interference with, the property of the judgment
CONDUCT OF EXAMINATION obligor not exempt from execution.
- A party or other person may be compelled by an SECTION 42. SALE OF ASCERTAINABLE INTEREST
order or subpoena, OF JUDGMENT OBLIGOR IN REAL ESTATE
1. To attend before the court or commissioner - If it appears that the judgment obligor
2. To testify as provided in the two preceding 1. Has an interest in real estate in the place in which
sections. proceedings are had, as mortgagor or mortgagee
- Upon failure or otherwise, and
1. To obey such order or subpoena or to be sworn, or 2. His interest therein can be ascertained without
2. To answer as a witness or to subscribe his controversy,
deposition, may be punished for contempt as in - The receiver may be ordered to sell and convey such
other cases. real estate or the interest of the obligor therein; and
- Examinations shall not be unduly prolonged, but the - Such sale shall be conducted in all respects in the
proceedings may be adjourned from time to time, until same manner as is provided for the sale of real estate
they are completed. upon execution, and
- If the examination is before a commissioner, he must: - The proceedings thereon shall be approved by the
1. Take it in writing and court before the execution of the deed.
2. Certify it to the court.
- All examinations and answers before a court or SECTION 43. PROCEEDINGS WHEN INDEBTEDNESS
commissioner must be under oath, and DENIED OR ANOTHER PERSON CLAIMS THE
- When a corporation or other juridical entity answers, it PROPERTY
must be on the oath of an authorized officer or - If it appears that a person or corporation, alleged
agent thereof. 1. To have property of the judgment obligor or
2. To be indebted to him, claims an interest in the
SECTION 39. OBLIGOR MAY PAY EXECUTION property adverse to him or denies the debt,
AGAINST OBLIGEE - The court may authorize, by an order made to that
- After a writ of execution against property has been effect, the judgment obligee:
issued, 1. To institute an action against such person or
- A person indebted to the judgment obligor may pay to corporation for the recovery of such interest or
the sheriff holding the writ of execution the amount debt,
of his debt or so much thereof as may be necessary to 2. Forbid a transfer or other disposition of such
satisfy the judgment, interest or debt within one hundred twenty (120)
- In the manner prescribed in section 9 of this Rule, and days from notice of the order, and
- The sheriff’s receipt shall be a sufficient discharge 3. May punish disobedience of such order as for
for the amount so paid or directed to be credited by contempt.
the judgment obligee on the execution. - Such order may be modified or vacated at any time
 1. By the court which issued it, or b. In other cases, the judgment or final order is, with
2. By the court in which the action is brought, respect to the matter directly adjudged or as to any
3. Upon such terms as may be just. other matter that could have been raised in relation
thereto,
SECTION 44. ENTRY OF SATISFACTION OF ! Conclusive between the parties and their
JUDGMENT BY CLERK OF COURT successors in interest by title subsequent to the
- Satisfaction of a judgment shall be entered by the clerk commencement of the action or special proceeding,
of court ! Litigating for the same thing and under the same
1. In the court docket, and title and in the same capacity; and
2. In the execution book, c. In any other litigation between the same parties
! Upon the return of a writ of execution showing the or their successors in interest, that only is
full satisfaction of the judgment, OR deemed to have been adjudged in a former
! Upon the filing of an admission to the satisfaction of judgment or final order which appears upon its face
the judgment executed and acknowledged in the to have been so adjudged, or which was actually
same manner as a conveyance of real property by and necessarily included therein or necessary
the judgment obligee or by his counsel unless a thereto.
revocation of his authority is filed, OR
! Upon the endorsement of such admission by the SECTION 48. EFFECT OF FOREIGN JUDGMENTS OR
judgment obligee or his counsel on the face of the FINAL ORDERS
record of the judgment. - The effect of a judgment or final order of a tribunal of a
foreign country, having jurisdiction to render the
SECTION 45. ENTRY OF SATISFACTION WITH OR judgment or final order is as follows:
WITHOUT ADMISSION a. In case of a judgment or final order upon a specific
- Whenever a judgment is satisfied in fact, or otherwise thing, the judgment or final order is conclusive
than upon an execution, on demand of the judgment upon the title to the thing; and
obligor, b. In case of a judgment or final order against a
- The judgment obligee or his counsel must execute person, the judgment or final order is presumptive
and acknowledge, or indorse, an admission of the evidence of a right as between the parties and their
satisfaction as provided in the last preceding section, successors in interest by a subsequent title.
and - In either case, the judgment or final order may be
- After notice and upon motion, the court may order repelled by evidence of a want of jurisdiction, want of
either the judgment obligee or his counsel to do so, or notice to the party, collusion, fraud, or clear mistake of
may order the entry of satisfaction to be made without law or fact.
such admission.

SECTION 46. WHEN PRINCIPAL BOUND BY

JUDGMENT AGAINST SURETY
- When a judgment is rendered against a party who stands
as surety for another, the latter is also bound from the time
that he has notice of the action or proceeding, and an
opportunity at the surety’s request to join in the defense.

SECTION 47. EFFECT OF JUDGMENTS OR FINAL

ORDERS
- The effect of a judgment or final order rendered by a
court of the Philippines, having jurisdiction to
pronounce the judgment or final order, may be as
follows:
a. In case of a judgment or final order against a
1. Specific thing, or
2. In respect to the probate of a will, or
3. The administration of the estate of a deceased
person, or
4. In respect to the personal, political, or legal
condition or status of a particular person or his
relationship to another,
! The judgment or final order is conclusive upon the
title to the thing, the will or administration, or the
condition, status or relationship of the person;
! However, the probate of a will or granting of letters
of administration shall only be prima facie evidence
of the death of the testator or intestate;