RULE 15

MOTIONS

Section 1. Motion defined.

A motion is an application for relief other than by a pleading.

Sec. 2. Motions must be in writing.

All motions shall be in writing except those made in open court or in the course of a hearing or trial.

Sec. 3. Contents.

A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by these
Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers.

Sec. 4. Hearing of motion.

Except for motions which the court may act upon without prejudicing the rights of the adverse party, every written
motion shall be set for hearing by the applicant.

Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as to
ensure its receipt by the other party at least three (3) days before the date of hearing, unless the court for good cause
sets the hearing on shorter notice.

Sec. 5. Notice of hearing.

The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing
which must not be later than ten (10) days after the filing of the motion.

Sec. 6. Proof of service necessary.

No written motion set for hearing shall be acted upon by the court without proof of service thereof.

Sec. 7. Motion day.

Except for motions requiring immediate action, all motions shall be scheduled for hearing on Friday afternoons, or if
Friday is a non-working day, in the afternoon of the next working day.

Sec. 8. Omnibus motion.

Subject to the provisions of section 1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall
include all objections then available, and all objections not so included shall be deemed waived.

Sec. 9. Motion for leave.

A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted.

Sec. 10. Form.

The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and
other matters of form.

RULE 16
 MOTION TO DISMISS

Section 1. Grounds.

Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may
be made on any of the following grounds:

(a) That the court has no jurisdiction over the person of the defending party;

(b) That the court has no jurisdiction over the subject matter of the claim;

(c) That venue is improperly laid;

(d) That the plaintiff has no legal capacity to sue;

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

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

(g) That the pleading asserting the claim states no cause of action;

(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise
extinguished;

(i) That the claim on which the action is founded is unenforceable under the provisions of the statute of frauds; and

(j) That a condition precedent for filing the claim has not been complied with.

Sec. 2. Hearing of motion.

At the hearing of the motion, the parties shall submit their arguments on the questions of law and 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.

Sec. 3. Resolution of motion.

After the hearing, the court may dismiss the action or claim, deny the motion, or 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.

Sec. 4. Time to plead.

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 five (5) days in any event, computed from his receipt
of the notice of the denial. 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.

Sec. 5. Effect of dismissal.

 Subject to the right of appeal, an order granting a motion to dismiss based on paragraphs (f), (h) and (i) of section 1
hereof shall bar the refiling of the same action or claim.

Sec. 6. Pleading grounds as affirmative defenses.

If no motion to dismiss has been filed, any of the grounds for dismissal provided for in this Rule may be pleaded as an
affirmative defense in the answer and, in the discretion of the court, a preliminary hearing may be had thereon as if a
motion to dismiss had been filed.

The dismissal of the complaint under this section shall be without prejudice to the prosecution in the same or separate
action of a counterclaim pleaded in the answer.

RULE 17
DISMISSAL OF ACTIONS

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.

Sec. 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 upon
approval of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been
pleaded by a defendant prior to the service upon him of the plaintiff's motion 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 fifteen (15) days from 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.

Sec. 3. Dismissal due to fault of plaintiff.

If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the
complaint, or to prosecute his action for an unreasonable length of time, or 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. This dismissal
shall have the effect of an adjudication upon the merits, unless otherwise declared by the court.

Sec. 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 responsive pleading
or a motion for summary judgment is served or, if there is none, before the introduction of evidence at the trial or
hearing.

RULE 18
PRE-TRIAL

Section 1. When conducted.

 After the last pleading has been served and filed, it shall be the duty of the plaintiff to promptly move ex parte that the
case be set for pre-trial.

Sec. 2. Nature and purpose.

The pre-trial is mandatory. The court shall consider:

(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;

(b) The simplification of the issues;

(c) The necessity or desirability of amendments to the pleadings;

(d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;

(e) The limitation of the number of witnesses;

(f) The advisability of a preliminary reference of issues to a commissioner;

(g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a
valid ground therefor be found to exist;

(h) The advisability or necessity of suspending the proceedings; and

(i) Such other matters as may aid in the prompt disposition of the action.

Sec. 3. Notice of pre-trial.

The notice of pre-trial shall be served on counsel, or on the party who has no counsel. The counsel served with such
notice is charged with the duty of notifying the party represented by him.

Sec. 4. Appearance of 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 if a valid cause is shown therefor or if a representative shall appear in his behalf fully authorized in writing
to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations
or admissions of facts and of documents.

Sec. 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 of the action. 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 allow the plaintiff to present his evidence ex parte and the court to render
judgment on the basis thereof.

Sec. 6. Pre-trial brief.

The parties shall file with the court and serve on the adverse party, in such manner as shall ensure their receipt thereof
at least three (3) days before the date of the pre-trial, their respective pre-trial briefs which shall contain, among
others:

(a) A statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution,
indicating the desired terms thereof;
 (b) A summary of admitted facts and proposed stipulation of facts;

(c) The issues to be tried or resolved;

(d) The documents or exhibits to be presented, stating the purpose thereof;

(e) A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to
commissioners; and

(f) The number and names of the witnesses, and the substance of their respective testimonies.

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.

Sec. 7. Record of pre-trial.

The proceedings in the pre-trial shall be recorded. Upon the termination thereof, the court shall issue an order which
shall recite in detail the matters taken up in the conference, the action taken thereon, the amendments allowed to the
pleadings, and the agreements or admissions made by the parties as to any of the matters considered. Should the
action proceed to trial, the order shall explicitly define and limit the issues to be tried. The contents of the order shall
control the subsequent course of the action, unless modified before trial to prevent manifest injustice.

RULE 19
INTERVENTION

Section 1. Who may intervene.

A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest
against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the
custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. The court
shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original
parties, and whether or not the intervenor's rights may be fully protected in a separate proceeding.

Sec. 2. Time to intervene.

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.

Sec. 3. Pleadings-in-intervention.

The intervenor shall file a complaint-in-intervention if he asserts a claim against either or all of the original parties, or an
answer-in-intervention if he unites with the defending party in resisting a claim against the latter.

Sec. 4. Answer to complaint-in-intervention.

The answer to the complaint-in -intervention shall be filed within fifteen (15) days from notice of the order admitting the
same, unless a different period is fixed by the court.

RULE 20
CALENDAR OF CASES

Section 1. Calendar of cases.

 The clerk of court, under the direct supervision of the judge, shall keep a calendar of cases for pre-trial, for trial, those
whose trials were adjourned or postponed, and those with motions to set for hearing. Preference shall be given to
habeas corpus cases, election cases, special civil actions, and those so required by law.

Sec. 2. Assignment of cases.

The assignment of cases to the different branches of a court shall be done exclusively by raffle. The assignment shall
be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be
present.

RULE 21
SUBPOENA

Section 1. Subpoena and subpoena duces tecum.

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

Sec. 2. By whom issued.

The subpoena may be issued by:

a) the court before whom the witness is required to attend;

b) the court of the place where the deposition is to be taken;

c) the officer or body authorized by law to do so in connection with investigations conducted by said officer or body; or

d) any Justice of the Supreme Court or of the Court of Appeals in any case or investigation pending within the
Philippines.

When application for a subpoena to a prisoner is made, the judge or officer shall examine and study carefully such
application to determine whether the same is made for a valid purpose.

No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any penal institution
shall be brought outside the said penal institution for appearance or attendance in any court unless authorized by the
Supreme Court.

Sec. 3. Form and contents.

A subpoena shall state the name of the court and the title of the action or investigation, shall be directed to the person
whose attendance is required, and in the case of a subpoena duces tecum, it shall also contain a reasonable
description of the books, documents or things demanded which must appear to the court prima facie relevant.

Sec. 4. Quashing a subpoena.

The court may quash a subpoena duces tecum upon motion promptly made and, in any event, at or before the time
specified therein if it is unreasonable and oppressive, or the relevancy of the books, documents or things does not
appear, or if the person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production
thereof.
 The court may quash a subpoena ad testificandum on the ground that the witness is not bound thereby. In either case,
the subpoena may be quashed on the ground that the witness fees and kilometrage allowed by these Rules were not
tendered when the subpoena was served.

Sec. 5. Subpoena for depositions.

Proof of service of a notice to take a deposition, as provided in sections 15 and 25 of Rule 23, shall constitute sufficient
authorization for the issuance of subpoenas for the persons named in said notice by the clerk of the court of the place
in which the deposition is to be taken. The clerk shall not, however, issue a subpoena duces tecum to any such person
without an order of the court.

Sec. 6. Service.

Service of a subpoena shall be made in the same manner as personal or substituted service of summons. The original
shall be exhibited and a copy thereof delivered to the person on whom it is served, tendering to him the fees for one
day’s attendance and the kilometrage allowed by these Rules, except that, when a subpoena is issued by or on behalf
of the Republic of the Philippines or an officer or agency thereof, the tender need not be made. The service must be
made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the
subpoena is duces tecum, the reasonable cost of producing the books, documents or things demanded shall also be
tendered.

Sec. 7. Personal appearance in court.

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

Sec. 8. Compelling attendance.

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

Sec. 9. Contempt.

Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a contempt of
the court from which the subpoena is issued. If the subpoena was not issued by a court, the disobedience thereto shall
be punished in accordance with the applicable law or Rule.

Sec. 10. Exceptions.

The provisions of sections 8 and 9 of this Rule shall not apply to a witness who resides more than one hundred (100)
kilometers from his residence to the place where he is to testify by the ordinary course of travel, or to a detention
prisoner if no permission of the court in which his case is pending was obtained.

RULE 22
COMPUTATION OF TIME

Section 1. How to compute time.

In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by any applicable
statute, the day of the act or event from which the designated period of time begins to run is to be excluded and the
date of performance included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal
holiday in the place where the court sits, the time shall not run until the next working day.
Sec. 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
DEPOSITIONS PENDING ACTIONS

Section 1. Depositions pending action, when may be taken.

By leave of court after jurisdiction has been obtained over any defendant or over property which is the subject of the
action, or without such leave after an answer has been served, the testimony of any person, whether a party or not,
may be taken, at the instance of any party, by deposition upon oral examination or written interrogatories. The
attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 21. Depositions shall be
taken only in accordance with these Rules. The deposition of a person confined in prison may be taken only by leave
of court on such terms as the court prescribes.

Sec. 2. Scope of examination.

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

Sec. 3. Examination and cross-examination.

Examination and cross-examination of deponents may proceed as permitted at the trial under sections 3 to 18 of Rule
132.

Sec. 4. Use of depositions.

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

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

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

(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (1)
that the witness is dead; or (2) that the witness resides at a distance more than one hundred (100) kilometers from the
place of trial or hearing, or is out of the Philippines, unless it appears that his absence was procured by the party
offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or
imprisonment; or (4) that the party offering the deposition has been unable to procure the attendance of the witness by
subpoena; or (5) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the
interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court,
to allow the deposition to be used; and
 (d) If only part of a deposition is offered in evidence by a party, the adverse party may require him to introduce all of it
which is relevant to the part introduced, and any party may introduce any other parts.

Sec. 5. Effect of substitution of parties.

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

Sec. 6. Objections to admissibility.

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

Sec. 7. Effect of taking depositions.

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

Sec. 8. Effect of using depositions.

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

Sec. 9. Rebutting deposition.

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

Sec. 10. Persons before whom depositions may be taken within the Philippines.

Within the Philippines, depositions may be taken before any judge, notary public, or the person referred to in section 14
hereof.

Sec. 11. Persons before whom depositions may be taken in foreign countries.

In a foreign state or country, depositions may be taken (a) on notice before a secretary of embassy or legation, consul
general, consul, vice-consul, or consular agent of the Republic of the Philippines; (b) before such person or officer as
may be appointed by commission or under letters rogatory; or (c) the person referred to in section 14 hereof.

Sec. 12. Commission or letters rogatory.

A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on
such terms and with such direction as are just and appropriate. Officers may be designated in notices or commissions
either by name or descriptive title and letters rogatory may be addressed to the appropriate judicial authority in the
foreign country.

Sec. 13. Disqualification by interest.

No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affinity, or
employee or counsel of any of the parties; or who is a relative within the same degree, or employee of such counsel; or
who is financially interested in the action.
Sec. 14. Stipulations regarding taking of depositions.

If the parties so stipulate in writing, depositions may be taken before any person authorized to administer oaths, at any
time or place, in accordance with these Rules, and when so taken may be used like other depositions.

Sec. 15. Deposition upon oral examination; notice; time and place.

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

Sec. 16. Orders for the protection of parties and deponents.

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

Sec. 17. Record of examination; oath; objections.

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

Sec. 18. Motion to terminate or limit examination.

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

Sec. 19. Submission to witness; changes; signing.

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

Sec. 20. Certification and filing by officer.

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

Sec. 21. Notice of filing.

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

Sec. 22. Furnishing copies.

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

Sec. 23. Failure to attend of party giving notice.

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

Sec. 24. Failure of party giving notice to serve subpoena.

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

Sec. 25. Deposition upon written interrogatories; service of notice and of interrogatories.

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

Sec. 26. Officers to take responses and prepare record.

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

Sec. 27. Notice of filing and furnishing copies.

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

Sec. 28. Orders for the protection of parties and deponents.

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

Sec. 29. Effects of errors and irregularities in depositions.

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

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

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

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

(e) As to form of written interrogatories.- Objections to the form of written interrogatories submitted under sections 25
and 26 of this Rule are waived unless served in writing upon the party propounding them within the time allowed for
serving succeeding cross or other interrogatories and within three (3) days after service of the last interrogatories
authorized.

(f) As to manner of preparation.- Errors and irregularities in the manner in which the testimony is transcribed or the
deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under
sections 17, 19, 20 and 26 of this Rule are waived unless a motion to suppress the deposition or some part thereof is
made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

RULE 24
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL.

Section 1. Depositions before action; petition.

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

Sec. 2. Contents of petition.

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

Sec. 3. Notice and service.

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

Sec. 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. The
depositions may then be taken in accordance with Rule 23 before the hearing.

Sec. 5. Reference to court.

For the purpose of applying Rule 23 to depositions for perpetuating testimony, each reference therein to the court in
which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

Sec. 6. Use of deposition.

If a deposition to perpetuate testimony is taken under this Rule, or if, although not so taken, it would be admissible in
evidence, it may be used in any action involving the same subject matter subsequently brought in accordance with the
provisions of sections 4 and 5 of Rule 23.

Sec. 7. Depositions pending appeal.

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

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 to be answered by the party served or, if
the party served is a public or private corporation or a partnership or association, by any officer thereof competent to
testify in its behalf.

Sec. 2. Answer to interrogatories.

The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. The
party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party
 submitting the interrogatories within fifteen (15) days after service thereof, unless the court, on motion and for good
cause shown, extends or shortens the time.

Sec. 3. Objections to interrogatories.

Objections to any interrogatories may be presented to the court within ten (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.

Sec. 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.

Sec. 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.

Sec. 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 to give testimony in open court, or to give a
deposition pending appeal.

RULE 26
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 of the genuineness of any material and relevant document described in and exhibited with the
request or 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.

Sec. 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 fifteen (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 denying specifically the matters of which an admission is requested or setting forth
in detail the reasons why he cannot truthfully either admit or deny those matters.

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.

Sec. 3. Effect of admission.

Any admission made by a party pursuant to such request is for the purpose of the pending action only and shall not
constitute an admission by him for any other purpose nor may the same be used against him in any other proceeding.

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

Sec. 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 personal knowledge of the latter, shall not be permitted to present evidence on such facts.

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 any
designated documents, papers, books, accounts, letters, photographs, objects or tangible things, not privileged, which
constitute or contain evidence material to any matter involved in the action and which are in his possession, custody or
control; or (b) order any party to permit entry upon designated land or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or
operation thereon. The order shall specify the time, place and manner of making the inspection and taking copies and
photographs, and may prescribe such terms and conditions as are just.

RULE 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.

Sec. 2. Order for examination.

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

Sec. 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.

Sec. 4. Waiver of privilege.

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

RULE 29
REFUSAL TO COMPLY WITH MODES OF DISCOVERY
Section 1. Refusal to answer.

If a party or other deponent refuses to answer any question upon oral examination, the examination may be completed
on other matters or adjourned as the proponent of the question may prefer. The proponent may thereafter apply to the
proper court of the place where the deposition is being taken, for an order to compel an answer. The same procedure
may be availed of when a party or a witness refuses to answer any interrogatory submitted under Rules 23 or 25.

If the application is granted, the court shall require the refusing party or deponent to answer the question or
interrogatory and if it also finds that the refusal to answer was without substantial justification, it may require the
refusing party or deponent or the counsel advising the refusal, or both of them, to pay the proponent the amount of the
reasonable expenses incurred in obtaining the order, including attorney’s fees.

If the application is denied and the court finds that it was filed without substantial justification, the court may require the
proponent or the counsel advising the filing of the application, or both of them, to pay to the refusing party or deponent
the amount of the reasonable expenses incurred in opposing the application, including attorney’s fees.

Sec. 2. Contempt of court.

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

Sec. 3. Other consequences.

If any party or an officer or managing agent of a party refuses to obey an order made under section 1 of this Rule
requiring him to answer designated questions, or an order under Rule 27 to produce any document or other thing for
inspection, copying, or photographing or to permit it to be done, or to permit entry upon land or other property, or an
order made under Rule 28 requiring him to submit to a physical or mental examination, the court may make such
orders in regard to the refusal as are just, and among others the following:

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

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

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

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

Sec. 4. Expenses on refusal to admit.

If a party after being served with a request under Rule 26 to admit the genuineness of any document or the truth of any
matter of fact, serves a sworn denial thereof and if the party requesting the admissions thereafter proves the
genuineness of such document or the truth of any such matter of fact, he may apply to the court for an order requiring
the other party to pay him the reasonable expenses incurred in making such proof, including attorney’s fees. Unless
the court finds that there were good reasons for the denial or that admissions sought were of no substantial
importance, such order shall be issued.
Sec. 5. Failure of party to attend or serve answers.

If a party or an officer or managing agent of a party wilfully fails to appear before the officer who is to take his
deposition, after being served with a proper notice, or fails to serve answers to interrogatories submitted under Rule 25
after proper service of such interrogatories, the court on motion and notice, may strike out all or any part of any
pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against
that party, and in its discretion, order him to pay reasonable expenses incurred by the other, including attorney’s fees.

Sec. 6. Expenses against the Republic of the Philippines.

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

RULE 30
TRIAL

Section 1. Notice of trial.

Upon entry of a case in the trial calendar, the clerk shall notify the parties of the date of its trial in such manner as shall
ensure his receipt of that notice at least five (5) days before such date.

Sec. 2. Adjournments and postponements.

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

Sec. 3. Requisites of motion to postpone trial for absence of evidence.

A motion to postpone a trial on the ground of absence of evidence can be granted only upon affidavit showing the
materiality or relevancy of such evidence, and that due diligence has been used to procure it. But if the adverse party
admits the facts to be given in evidence, even if he objects or reserves the right to their admissibility, the trial shall not
be postponed.

Sec. 4. Requisites of motion to postpone trial for illness of party or counsel.

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

Sec. 5. Order of trial.

Subject to the provisions of section 2 of Rule 31, and unless the court for special reasons otherwise directs, the trial
shall be limited to the issues stated in the pre-trial order and shall proceed as follows:

(a) The plaintiff shall adduce evidence in support of his complaint;

(b) The defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim 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 evidence in support of
their defense, in the order to be prescribed by the court;

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

(g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the
parties to argue or to submit their respective memoranda or any further pleadings.

If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the
court shall determine the relative order of presentation of their evidence.

Sec. 6. Agreed statement of facts.

The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for
judgment on the facts agreed upon, without the introduction of evidence.

If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as
the court shall prescribe.

Sec. 7. Statement of judge.

During the hearing or trial of a case any statement made by the judge with reference to the case, or to any of the
parties, witnesses or counsel, shall be made of record in the stenographic notes.

Sec. 8. Suspension of actions.

The suspension of actions shall be governed by the provisions of the Civil Code.

Sec. 9. Judge to receive evidence; delegation to clerk of court.

The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties.
However, in default or ex parte hearings, and in any case where the parties agree in writing, the court may delegate
the reception of evidence to its clerk of court who is a member of the bar. The clerk of court shall have no power to rule
on objections to any question or to the admission of exhibits, which objections shall be resolved by the court upon
submission of his report and the transcripts within ten (10) days from termination of the hearing.

RULE 31
CONSOLIDATION OR SEVERANCE

Section 1. Consolidation.

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

Sec. 2. Separate trials.

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

RULE 32
 TRIAL BY COMMISSIONER

Section 1. Reference by consent.

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

Sec. 2. Reference ordered on motion.

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

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

(b) When the taking of an account is necessary for the information of the court before judgment, or for carrying a
judgment or order into effect;

(c) When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of a case, or
for carrying a judgment or order into effect.

Sec. 3. Order of reference; powers of the commissioner.

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

Sec. 4. Oath of commissioner.

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

Sec. 5. Proceedings before commissioner.

Upon receipt of the order of reference and unless otherwise provided therein, the commissioner shall forthwith set a
time and place for the first meeting of the parties or their counsel to be held within ten (l0) days after the date of the
order of reference and shall notify the parties or their counsel.

Sec. 6. Failure of parties to appear before commissioner.

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

Sec. 7. Refusal of witness.

The refusal of a witness to obey a subpoena issued by the commissioner or to give evidence before him, shall be
deemed a contempt of the court which appointed the commissioner.
Sec. 8. Commissioner shall avoid delays.

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

Sec. 9. Report of commissioner.

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

Sec. 10. Notice to parties of the filing of report.

Upon the filing of the report, the parties shall be notified by the clerk, and they shall be allowed ten (l0) 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.

Sec. 11. Hearing upon report.

Upon the expiration of the period of ten (l0) days referred to in the preceding section, the report shall be set for hearing,
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.

Sec. 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.

Sec. 13. Compensation of commissioner.

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

RULE 33
DEMURRER TO EVIDENCE

Section 1. Demurrer to evidence.

After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground
that upon the facts and the law the plaintiff has shown no right to relief. If his motion is denied, he shall have the right to
present evidence. If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have
waived the right to present evidence.

RULE 34
JUDGMENT ON THE PLEADINGS

Section 1. Judgment on the pleadings.

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

RULE 35
SUMMARY JUDGMENTS

Section 1. Summary judgment for claimant.

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

Sec. 2. Summary judgment for defending party.

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

Sec. 3. Motion and proceedings thereon.

The motion shall be served at least ten (10) days before the time specified for the hearing. The adverse party may
serve opposing affidavits, depositions, or admissions at least three (3) days before the hearing. After the hearing, the
judgment sought shall be rendered forthwith if the pleadings, supporting affidavits, depositions, and admissions on file,
show that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving
party is entitled to a judgment as a matter of law.

Sec. 4. Case not fully adjudicated on motion.

If on motion under this Rule, judgment is not rendered upon the whole case or for all the reliefs sought and a trial is
necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by
interrogating counsel shall 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 amount of damages or other relief is not in controversy, and directing
such further proceedings in the action as are just. The facts so specified shall be deemed established, and the trial
shall be conducted on the controverted facts accordingly.

Sec. 5. Form of affidavits and supporting papers.

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

Sec. 6. Affidavits in bad faith.

Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are presented in
bad faith, or solely for the purpose of delay, the court shall forthwith order the offending party or counsel to pay to the
other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including
attorney’s fees. It may, after hearing, further adjudge the offending party or counsel guilty of contempt.

RULE 36
JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

Section 1. Rendition of judgments and final orders.

 A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the
judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the clerk of
the court.

Sec. 2. Entry of judgments and final orders.

If no appeal or motion for new trial or 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 shall contain the dispositive part of the
judgment or final order and shall be signed by the clerk, with a certificate that such judgment or final order has become
final and executory.

Sec. 3. Judgment for or against one or more of several parties.

Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several
defendants. When justice so demands, the court may require the parties on each side to file adversary pleadings as
between themselves and determine their ultimate rights and obligations.

Sec. 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.

Sec. 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. The judgment shall terminate the
action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. In case a
separate judgment is rendered, the court by order may stay its enforcement until the rendition of a subsequent
judgment or judgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the
party in whose favor the judgment is rendered.

Sec. 6. Judgment against entity without juridical personality.

When judgment is rendered against two or more persons sued as an entity without juridical personality, the judgment
shall set out their individual or proper names, if known.

RULE 37
NEW TRIAL OR RECONSIDERATION

Section 1. Grounds of and period for filing motion for new trial or reconsideration.

Within the period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment or final
order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said
party:

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

(b) Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the
trial, and which if presented would probably alter the result.
 Within the same period, the aggrieved party may also move for reconsideration upon the grounds that the damages
awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the decision or final
order is contrary to law.

Sec. 2. Contents of motion for new trial or reconsideration and notice thereof.

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

A motion for new trial shall be proved in the manner provided for proof of motions. A motion for the cause mentioned in
paragraph (a) of the preceding section shall be supported by affidavits of merits which may be rebutted by affidavits. A
motion for the cause mentioned in paragraph (b) shall be supported by affidavits of the witnesses by whom such
evidence is expected to be given, or by duly authenticated documents which are proposed to be introduced in
evidence.

A motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final order which
are not supported by the evidence or which are contrary to law, making express reference to the testimonial or
documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions.

A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal.

Sec. 3. Action upon motion for new trial or reconsideration.

The trial court may set aside the judgment or final order and grant a new trial, upon such terms as may be just, or may
deny the motion. If the court finds that excessive damages have been awarded or that the judgment or final order is
contrary to the evidence or law, it may amend such judgment or final order accordingly.

Sec. 4. Resolution of motion.

A motion for new trial or reconsideration shall be resolved within thirty (30) days from the time it is submitted for
resolution.

Sec. 5. Second motion for new trial.

A motion for new trial shall include all grounds then available and those not so included shall be deemed waived. A
second motion for new trial, based on a ground not existing nor available when the first motion was made, may be filed
within the time herein provided excluding the time during which the first motion had been pending.

No party shall be allowed a second motion for reconsideration of a judgment or final order.

Sec. 6. Effect of granting of motion for new trial.

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

Sec.7. Partial new trial or reconsideration.

If the grounds for a motion under this Rule appear to the court to affect the issues as to only a part, or less than all of
the matter in controversy, or only one, or less than all, of the parties to it, the court may order a new trial or grant
reconsideration as to such issues if severable without interfering with the judgment or final order upon the rest.
Sec. 8. Effect of order for partial new trial.

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

Sec. 9. Remedy against order denying a motion for new trial or reconsideration.

An order denying a motion for new trial or reconsideration is not appealable, the remedy being an appeal from the
judgment or final order.

RULE 38
RELIEF FROM JUDGMENTS, ORDERS,
OR OTHER PROCEEDINGS

Section 1. Petition for relief from judgment, order, or other proceedings.

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

Sec. 2. Petition for relief from denial of appeal.

When a judgment or final order is rendered by any court in a case, and a party thereto, by fraud, accident, mistake, or
excusable negligence, has been prevented from taking an appeal, he may file a petition in such court and in the same
case praying that the appeal be given due course.

Sec. 3. Time for filing petition; contents and verification.

A petition provided for in either of the preceding sections of this Rule must be verified, filed within sixty (60) days after
the petitioner learns of the judgment, final order, or other proceeding to be set aside, and not more than six (6) months
after such judgment or final order was entered, or such proceeding was taken; and must be accompanied with
affidavits showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts constituting the
petitioner's good and substantial cause of action or defense, as the case may be.

Sec. 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 issue an order
requiring the adverse parties to answer the same within fifteen (15) days from the receipt thereof. The order shall be
served in such manner as the court may direct, together with copies of the petition and the accompanying affidavits.

Sec. 5. Preliminary injunction pending proceedings.

The court in which the petition is filed, may grant such preliminary injunction as may be necessary for the preservation
of the rights of the parties, upon the filing by the petitioner of a bond in favor of the adverse party all damages and
costs that may be awarded to him by reason of issuance of such injunction or the other proceedings following the
petition; but such injunction shall not operate to discharge or extinguish any lien which the adverse party may have
acquired upon the property of the petitioner.

Sec. 6. Proceedings after answer is filed.

After the filing of the answer or the expiration of the period therefor, the court shall hear the petition and if after such
hearing, it finds that the allegations thereof are not true, the petition shall be dismissed; but if it finds said allegations to
be true, it shall set aside the judgment or final order or other proceedings complained of upon such terms as may be
just. Thereafter the case shall stand as if such judgment, final order or other proceeding had never been rendered,
 issued or taken. The court shall then proceed to hear and determine the case as if a timely motion for a new trial or
reconsideration had been granted by it.

Sec. 7. Procedure where the denial of an appeal is set aside.

Where the denial of an appeal is set aside, the lower court shall be required to give due course to the appeal and to
elevate the record of the appelaed case as if a timely and proper appeal had been made.

RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

Section 1. Execution upon judgments or final orders.

Execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or
proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.

If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of
origin, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or
final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party.

The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin
to issue the writ of execution.

Sec. 2. Discretionary execution.

(a) Execution of a judgment or final order pending appeal.— On motion of the prevailing party will notice to the adverse
party filed in the trial court while it has jurisdiction over the case and is in possession of either the original record or the
record on appeal, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order
execution of a judgment or final order even before the expiration of the period to appeal.

After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court.

Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing.

(b) Execution of several, separate or partial judgments.— A several separate or partial judgment may be executed
under the same terms and conditions as execution of a judgment or final order pending appeal.

Sec. 3. Stay of discretionary execution.

Discretionary execution issued under the preceding section may be stayed upon approval by the proper court of a
sufficient supersede as bond filed by the party against whom it is directed, 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. The bond thus given
may be proceeded against on motion with notice to the surety.

Sec. 4. Judgments not stayed by appeal.

Judgments in actions for injunction, receivership, accounting and support, and such other judgments as are now or
may hereafter be declared to be immediately executory, shall be enforceable after their rendition and shall not be
stayed by an appeal taken therefrom, unless otherwise ordered by the trial court. On appeal therefrom, the appellate
court in its discretion may make an order suspending, modifying, restoring or granting the injunction, receivership,
accounting, or award of support.
 The stay of execution shall be upon such terms as to bond or otherwise as may be considered proper for the security
or protection of the rights of the adverse party.

Sec. 5. Effect of reversal of executed judgment.

Where the executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the trial court may, on
motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the
circumstances.

Sec. 6. Execution by motion or by independent action.

A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced by action.
The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by
action before it is barred by the statute of limitations.

Sec. 7. Execution in case of death of party.

In case of the death of party, execution may issue or be enforced in the following manner:

(a) In case of the death of the judgment obligee, upon the application of his executor or administrator, or successor in
interest;

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

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

Sec. 8. Issuance, form and contents of a writ of execution.

The writ of execution shall: (1) issue in the name of the Republic of the Philippines from the court which granted the
motion; (2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order;
and (3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms, in the
manner herein after provided:

(a) If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest, out of the real
or personal property of such judgment obligor;

(b) If it be against real or personal property in the jands of personal representatives, heirs, devisees, legatees, tenants,
or trustees of the judgment obligor, to satisfy the judgment, with interest, out of such properties;

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

(d) If it be for the delivery of the possession of real or personal property, to deliver the possession of the same,
describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits covered by the judgment
out of the personal property of the person against whom it was rendered, and if sufficient personal property cannot be
found, then out of the real property; and
 (e) In all cases, the writ of execution shall specifically state the amount of the interest, costs, damages, rents, or profits
due as of the date of the issuance of the writ, aside from the principal obligation under the judgment. For this purpose,
the motion for execution shall specify the amounts of the foregoing reliefs sought by the movant.

Sec. 9. Execution of judgments for money, how enforced.

(a) Immediate payment on demand. - The officer shall enforce an execution of a judgment for money by demanding
from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees.
The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee or his authorized
representative if present at the time of payment. The lawful fees shall be handed under proper receipt to the executing
sheriff who shall turn over the said amount within the same day to the clerk of court of the court that issued the writ.

If the judgment obligee or his authorized representative is not present to receive payment, the judgment obligor shall
deliver the aforesaid payment to the executing sheriff. The latter shall turn over all the amounts coming into his
possesssion within the same day to the clerk of court of the court that issued the writ, or if the same is not practicable,
deposit said amount to a fiduciary account in the nearest government depository bank of the Regional Trial Court of the
locality.

The clerk of court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the
writ whose clerk of court shall then deliver said payment to the judgment obligee in satisfactionn of the judgmen. The
excess, if any, shall be delivered to the judgment obligor while the lawful fees shall be retained by the clerk of court for
disposition as provided by law. In no case shall the executing sheriff demand that any payment by check be made
payable to him.

(b) Satisfaction by levy. - If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or
other mode of payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment
obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from
execution giving the latter the option to immediately choose which property or part thereof may be levied upon,
sufficient to satisfy the judgment. If the judgment obligor does not exercise the option, the officer shall first levy on the
personal properties, if any, an then on the real properties if the personal properties are insufficient to answer for the
judgment.

The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been
levied upon.

When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must
sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees.

Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or persoanl
property, may be levied upon in like manner and with like effect as under a writ of attachment.

(c) Garnishment of debts and credits. - The officer may levy on debts due the judgment obligor and other credits,
including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual
delivery in the posssession or control of third parties. Levy shall be made by serving notice upon the person owing
such debts or having in his possession or control such credits to which the judgment obligor is entitled. The
garnishment shall cover only such amount as will satisfy the judgment and all lawful fees.

The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment
stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. If not,
the report shall state how much funds or credits the garnishee holds for the judgment obligor. The garnished amount in
cash, or certified bank check issued in the name of the judgment obligee, shall be delivered directly to the judgment
obligee within ten (10) working days from service of notice on said garnishing requiring such delivery, except the lawful
fees which shall be paid directly to the court.
 In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment, the
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.

The executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the
judgment obligee.

Sec. 10. Execution of judgments for specific act.

(a) Conveyance, delivery of deeds, or other specific acts; vesting title. - If a judgment directs a party who execute a
conveyance of land or personal property, or to deliver deeds or other documents, or to perform any other specific act in
connection therewith, and the party fails to comply within the time specified, the court may direct the act to be done at
the cost of the disobedient party by some other person appointed by the court and the act when so done shall have like
effect as if done by the party. If real or personla property is situated within the Philippines, the court in lieu of directing a
conveyance thereof may be an order divest the title of any party and vest it in others, which shall have the force and
effect of a conveyance executed in due form of law.

(b) Sale of real or personal property.— If the judgment be for the sale of real or personal property, to sell such property,
describing it, and apply the proceeds in conformity with the judgment.

(c) Delivery or restitution of real property.- The officer shall demand of the person against whom the judgment for the
delivery or restitution of real property is rendered and all person claiming rights under him to peaceably vacate the
property within three (3) working days, and restore possession thereof to the judgment obligee; otherwise, the officer
shall oust and such persons therefrom with the assistance, if necessary of appropriate peace officers, and employing
such means as may be reasonably necessary to retake possession, and place the judgment obligee in possession of
such property. Any costs, damages, rents or profits awarded by the judgment shall be satisfied in the same manner as
a judgment for money.

(d) Removal of improvements on property subject of execution.- When the property subject of the execution contains
improvements constructed or planted by the judgment obligor or his agent, the officer shall not destroy, demolish or
remove said improvements except upon special order of the court issued upon motion of the judgment obligee after
due hearing and after the former has failed to remove the same within a reasonable time fixed by the court.

(e) Delivery of personal property.- In judgments for the delivery of personal property, the officer shall take possession
of the same and forthwith deliver it to the party entitled thereto and satisfy any judgment for money as therein provided.

Sec. 11. Execution of special judgments.

When a judgment requires the performance of any act other than those mentioned in the two preceding sections, a
certified copy of the judgment shall be attached to the writ of execution and shall be served by the officer upon the
party against whom the same is rendered, or upon any other person required thereby, or by law, to obey the same, and
such party or person may be punished for contempt if he disobeys such judgment.

Sec. 12. Effect of levy on execution as to third persons.

The levy on execution shall create a lien in favor of the judgment obligee over the right, title and interest of the
judgment obligor in such property at the time of the levy, subject to liens and encumbrances then existing.

Sec. 13. Property exempt from execution.

Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution:
 (a) The judgment obligor's family home as provided by law, or the homestead in which he resides, and land necessarily
used in connection therewith;

(b) Ordinary tools and implements personally used by him in hs trade, employment, or livelihood;

(c) Three horses, or three cows, or three carabaos, or other beasts of burden such as the judgment obligor may select
necessarily used by him in his ordinary occupation;

(d) His necessary clothing and articles for ordinary personal use, excluding jewelry;

(e) Household furniture and utensils necessary for housekeeping, and used for that purpose by the judgment obligor
and his family, such as the judgment obligor may select, of a value not exceeding one hundred thousand pesos;

(f) Provisions for individual or family use sufficient for four months;

(g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers,
surveyors, clergymen, teachers, and other professionals, not exceeding three hundred thousand pesos in value;

(h) One fishing boat and accessories not exceeding the total value of one hundred thousand pesos owned by a
fisherman and by the lawful use of which he earns his livelihood;

(i) So much of the salaries, wages, or earnings of the judgment obligor of his personal services within the four months
preceding the levy as are necessary for the support of his family;

(j) Lettered gravestones;

(k) Monies benefits, privileges, or annuities accruing or in any manner growing out of any life insurance;

(l) The right to receive legal support, or money or property obtained as such support, or any pension or gratuity from
the Government;

(m) Properties specially exempt by law.

But no article or species of property mentioned in his section shall be exempt from executio issued upon a judgment
recovered for its price or upon a judgment of foreclosure of a mortgage thereon.

Sec. 14. Return of writ of execution.

The writ of execution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part
or in full. If the judgment cannot be satisfied in full within thirty (30) days after his receipt of the writ, the officer shall
report to the court and state the reason therefor. Such writ shall continue in effect during the period within which the
judgment may be enforced by motion. The officer shall make a report to the court every thirty (30) days on the
proceedings taken thereon until the judgment is satisfied in full, or its effectivity expires. The returns or periodic reports
shall set forth the whole of the proceedings taken, and shall be filed with the court and copies thereof promptly
furnished the parties.

Sec. 15. Notice of sale of property on execution.

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

(a) In case of perishable property, by posting written notice of the time and place of the sale in three (3) public places,
preferably in conspicuous areas of the municipal or city hall, post office and public market in the municipality or city
 where the sale is to take place, for such time as may be reasonable, considering the character and condition of the
property;

(b) In case of other personal property, by posting a similar notice in the three (3) public places above-mentioned for not
less than five (5) days;

(c) In case of real property, by posting for twenty (20) days in the three (3) public places above-mentioned a similar
notice particularly describing the property and stating where the property is to be sold, and if the assessed value of the
property exceeds fifty thousand (P50,000.00) pesos, by publishing a copy of the notice once a week for two (2)
consecutive weeks in one newspaper selected by raffle, whether in English, Filipino, or any major regional language
published, edited and circulated or, in the absence thereof, having general circulation in the province or city;

(d) In all cases, written notice of the sale shall be given to the judgment obligor, at least three (3) days before the sale,
except as provided in paragraph (a) hereof where notice shall be given at any time before the sale, in the same
manner as personal service of pleadings and other papers as provided by Section 6 of Rule 13.

The notice shall specify the place, date and exact time of the sale which should not be earlier than nine o’clock in the
morning and not later than two o’clock in the afternoon. The place of the sale may be agreed upon by the parties. In
the absence of such agreement, the sale of real property or personal property not capable of manual delivery shall be
held in the office of the clerk of court of the Regional Trial Court or the Municipal Trial Court which issued the writ or
which was designated by the appellate court. In the case of personal property capable of manual delivery, the sale
shall be held in the place where the property is located.

Sec. 16. Proceedings where property claimed by third person.

If the property levied on is claimed by any person other than the judgment obligor or his agent, and such person makes
an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the
same upon the officer making the levy and a copy thereof upon the judgment obligee, the officer shall not be bound to
keep the property, unless such judgment obligee, on demand of the officer, files a bond approved by the court to
indemnify the third-party claimant in a sum not less than the value of the property levied on. In case of disagreement as
to such value, the same shall be determined by the court issuing the writ of execution. No claim for damages for the
taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one
hundred twenty (120) days from the date of the filing of the bond.

The officer shall not be liable for damages for the taking or keeping of the property, to any third-party claimant if such
bond is filed. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the
property in a separate action, or prevent the judgment obligee from claiming damages in the same or a separate action
against a third-party claimant who filed a frivolous or plainly spurious claim.

When the writ of execution is issued in favor of the Republic of the Philippines, or any officer duly representing it, the
filing of such bond shall not be required, and in case the sheriff or levying officer is sued for damages as a result of the
levy, he shall be represented by the Solicitor General and if held liable therefor, the actual damages adjudged by the
court shall be paid by the National Treasurer out of such funds as may be appropriated for the purpose.

Sec. 17. Penalty for selling without notice, or removing or defacing notice.

An officer selling without the notice prescribed by section 15 of this Rule shall be liable to pay punitive damages in the
amount of five thousand (P5,000.00) pesos to any person injured thereby, in addition to his actual damages, both to be
recovered by motion in the same action; and a person willfully removing or defacing the notice posted, if done before
the sale, or before the satisfaction of the judgment if it be satisfied before the sale, shall be liable to pay five thousand
(P5,000.000) pesos to any person injured by reason thereof, in addition to his actual damages, to be recovered by
motion in the same action.
Sec. 18. No sale if judgment and costs paid.

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

Sec. 19. How property sold on execution; who may direct manner and order of sale.

All sales of property under execution must be made at public auction, to the highest bidder, to start at the exact time
fixed in the notice. After sufficient property has been sold to satisfy the execution, no more shall be sold and any
excess property or proceeds of the sale shall be promptly delivered to the judgment obligor or his authorized
representative, unless otherwise directed by the judgment or order of the court. When the sale is of real property,
consisting of several known lots, they must be sold separately; or, when a portion of such real property is claimed by a
third person, he may require it to be sold separately. When the sale is of personal property capable of manual delivery,
it must be sold within view of those attending the same and in such parcels as are likely to bring the highest price. The
judgment obligor, if present at the sale, may direct the order in which property, real or personal, shall be sold, when
such property consists of several known lots or parcels which can be sold to advantage separately. Neither the officer
conducting the execution sale, nor his deputies, can become a purchaser, nor be interested directly or indirectly in any
purchase at such sale.

Sec. 20. Refusal of purchaser to pay.

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

Sec. 21. Judgment obligee as purchaser.

When the purchaser is the judgment obligee, and no third-party claim has been filed, he need not pay the amount of
the bid if it does not exceed the amount of his judgment. If it does, he shall pay only the excess.

Sec. 22. Adjournment of sale.

By written consent of the judgment obligor and obligee, or their duly authorized representatives, the officer may adjourn
the sale to any date and time agreed upon by them. Without such agreement, he may adjourn the sale from day to day
if it becomes necessary to do so for lack of time to complete the sale on the day fixed in the notice or the day to which
it was adjourned.

Sec. 23. Conveyance to purchaser of personal property capable of manual delivery.

When the purchaser of any personal property, capable of manual delivery, pays the purchase price, the officer making
the sale must deliver the property to the purchaser and, if desired, execute and deliver to him a certificate of sale. The
sale conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy
on execution or preliminary attachment.

Sec. 24. Conveyance to purchaser of personal property not capable of manual delivery.

When the purchaser of any personal property, not capable of manual delivery, pays the purchase price, the officer
making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the
purchaser all the rights which the judgment obligor had in such property as of the date of the levy on execution or
preliminary attachment.
Sec. 25. Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds.

Upon a sale of real property, the officer must give to the purchaser a certificate of sale containing:

(a) A particular description of the real property sold;

(b) The price paid for each distinct lot or parcel;

(c) The whole price paid by him;

(d) A statement that the right of redemption expires one (1) year from the date of the registration of the certificate of
sale.

Such certificate must be registered in the registry of deeds of the place where the property is situated.

Sec. 26. Certificate of sale where property claimed by third person.

When a property sold by virtue of a writ of execution has been claimed by a third person, the certificate of sale to be
issued by the sheriff pursuant to sections 23, 24 and 25 of this Rule shall make express mention of the existence of
such third-party claim.
Sec. 27. Who may redeem real property so sold.

Real property sold as provided in the last preceding section, or any part thereof sold separately, may be redeemed in
the manner hereinafter provided, by the following persons:

(a) The judgment obligor, or his successor in interest in the whole or any part of the property;

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

Sec. 28. Time and manner of, and amounts payable on, successive redemptions; notice to be given and filed.

The judgment obligor, or redemptioner, may redeem the property from the purchaser, at any time within one (1) year
from the date of the registration of the certificate of sale, by paying the purchaser the amount of his purchase, with one
per centum per month interest thereon in addition, up to the time of redemption, together with the amount of any
assessments or taxes which the purchaser may have paid thereon after purchase, and interest on such last named
amount at the same rate; and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other
than the judgment under which such purchase was made, the amount of such other lien, with interest.

Property so redeemed may again be redeemed within sixty (60) days after the last redemption upon payment of the
sum paid on the last redemption, with two per centum thereon in addition, and the amount of any assessments or taxes
which the last redemptioner may have paid thereon after redemption by him, with interest on such last-named amount,
and in addition, the amount of any liens held by said last redemptioner prior to his own, with interest. The property may
be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within sixty (60)
days after the last redemption, on paying the sum paid on the last previous redemption, with two per centum thereon in
addition, and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption
thereon, with interest thereon, and the amount of any liens held by the last redemptioner prior to his own, with interest.

Written notice of any redemption must be given to the officer who made the sale and a duplicate filed with the registry
of deeds of the place, and if any assessments or taxes are paid by the redemptioner or if he has or acquires any lien
other than that upon which the redemption was made, notice thereof must in like manner be given to the officer and
 filed with the registry of deeds; if such notice be not filed, the property may be redeemed without paying such
assessments, taxes, or liens.

Sec. 29. Effect of redemption by judgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments
on redemption made.

If the judgment obligor redeems, he must make the same payments as are required to effect a redemption by a
redemptioner, whereupon, no further redemption shall be allowed and he is restored to his estate. The person to whom
the redemption payment is made must execute and deliver to him a certificate of redemption acknowledged before a
notary public or other officer authorized to take acknowledgments of conveyances of real property. Such certificate
must be filed and recorded in the registry of deeds of the place in which the property is situated, and the registrar of
deeds must note the record thereof on the margin of the record of the certificate of sale. The payments mentioned in
this and the last preceding sections may be made to the purchaser or redemptioner, or for him to the officer who made
the sale.

Sec. 30. Proof required of redemptioner.

A redemptioner must produce to the officer, or person from whom he seeks to redeem, and serve with his notice to the
officer a copy of the judgment or final order under which he claims the right to redeem, certified by the clerk of the court
wherein the judgment or final order is entered; or, if he redeems upon a mortgage or other lien, a memorandum of the
record thereof, certified by the registrar of deeds; or an original or certified copy of any assignment necessary to
establish his claim; and an affidavit executed by him or his agent, showing the amount then actually due on the lien.

Sec. 31. Manner of using premises pending redemption; waste restrained.

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

Sec. 32. Rents, earnings and income of property pending redemption.

The purchaser or a redemptioner shall not be entitled to receive the rents, earnings and income of the property sold on
execution, or the value of the use and occupation thereof when such property is in the possession of a tenant. All rents,
earnings and income derived from the property pending redemption shall belong to the judgment obligor until the
expiration of his period of redemption.

Sec. 33. Deed and possession to be given at expiration of redemption period; by whom executed or given.

If no redemption be made within one (1) year from the date of the registration of the certificate of sale, the purchaser is
entitled to a conveyance and possession of the property; or, if so redeemed whenever sixty (60) days have elapsed
and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last
redemptioner is entitled to the conveyance and possession; but in all cases the judgment obligor shall have the entire
period of one (1) year from the date of the registration of the sale to redeem the property. The deed shall be executed
by the officer making the sale or by his successor in office, and in the latter case shall have the same validity as though
the officer making the sale had continued in office and executed it.

Upon the expiration of the right of redemption, the purchaser or redemptioner shall be substituted to and acquire all the
rights, title, interest and claim of the judgment obligor to the property as of the time of the levy. The possession of the
property shall be given to the purchaser or last redemptioner by the same officer unless a third party is actually holding
the property adversely to the judgment obligor.
Sec. 34. Recovery of price if sale not effective; revival of judgment.

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

Sec. 35. Right to contribution or reimbursement.

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

Sec. 36. Examination of judgment obligor when judgment unsatisfied.

When the return of a writ of execution issued against property of a judgment obligor, or any one of several obligors in
the same judgment, shows that the judgment remains unsatisfied, in whole or in part, the judgment obligee, at any time
after such return is made, shall be entitled to an order from the court which rendered the said judgment, requiring such
judgment obligor to appear and be examined concerning his property and income before such court or before a
commissioner appointed by it, at a specified time and place; and proceedings may thereupon be had for the application
of the property and income of the judgment obligor towards the satisfaction of the judgment. But no judgment obligor
shall be so required to appear before a court or commissioner outside the province or city in which such obligor resides
or is found.

Sec. 37. Examination of obligor of judgment obligor.

When the return of a writ of execution against the property of a judgment obligor shows that the judgment remains
unsatisfied, in whole or in part, and upon proof to the satisfaction of the court which issued the writ, that a person,
corporation, or other juridical entity has property of such judgment obligor or is indebted to him, the court may, by an
order, require such person, corporation, or other juridical entity, or any officer or member thereof, to appear before the
court or a commissioner appointed by it, at a time and place within the province or city where such debtor resides or is
found, and be examined concerning the same. The service of the order shall bind all credits due the judgment obligor
and all money and property of the judgment obligor in the possession or in the control of such person, corporation, or
juridical entity from the time of service; and the court may also require notice of such proceedings to be given to any
party to the action in such manner as it may deem proper.

Sec. 38. Enforcement of attendance and conduct of examination.

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

Sec. 39. Obligor may pay execution against obligee.

 After a writ of execution against property has been issued, a person indebted to the judgment obligor may pay to the
sheriff holding the writ of execution the amount of his debt or so much thereof as may be necessary to satisfy the
judgment, in the manner prescribed in section 9 of this Rule, and the sheriff’s receipt shall be a sufficient discharge for
the amount so paid or directed to be credited by the judgment obligee on the execution.

Sec. 40. Order for application of property and income to satisfaction of judgment.

The court may order any property of the judgment obligor, or money due him, not exempt from execution, in the hands
of either himself or another person, or of a corporation or other juridical entity, to be applied to the satisfaction of the
judgment, subject to any prior rights over such property.

If, upon investigation of his current income and expenses, it appears that the earnings of the judgment obligor for his
personal services are more than necessary for the support of his family, the court may order that he pay the judgment
in fixed monthly installments, and upon his failure to pay any such installment when due without good excuse, may
punish him for indirect contempt.

Sec. 41. Appointment of receiver.

The court may appoint a receiver of the property of the judgment obligor; and it may also forbid a transfer or other
disposition of, or any interference with, the property of the judgment obligor not exempt from execution.

Sec. 42. Sale of ascertainable interest of judgment obligor in real estate.

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

Sec. 43. Proceedings when indebtedness denied or another person claims the property.

If it appears that a person or corporation, alleged to have property of the judgment obligor or to be indebted to him,
claims an interest in the property adverse to him or denies the debt, the court may authorize, by an order made to that
effect, the judgment obligee to institute an action against such person or corporation for the recovery of such interest or
debt, forbid a transfer or other disposition of such interest or debt within one hundred twenty (120) days from notice of
the order, and may punish disobedience of such order as for contempt. Such order may be modified or vacated at any
time by the court which issued it, or by the court in which the action is brought, upon such terms as may be just.

Sec. 44. Entry of satisfaction of judgment by clerk of court.

Satisfaction of a judgment shall be entered by the clerk of court in the court docket, and in the execution book, upon
the return of a writ of execution showing the full satisfaction of the judgment, or upon the filing of an admission to the
satisfaction of the judgment executed and acknowledged in the same manner as a conveyance of real property by the
judgment obligee or by his counsel unless a revocation of his authority is filed, or upon the endorsement of such
admission by the judgment obligee or his counsel on the face of the record of the judgment.

Sec. 45. Entry of satisfaction with or without admission.

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

Sec. 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 specific thing, or in respect to the probate of a will, or the
administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or status of
a particular person or his relationship to another, the judgment or final order is conclusive upon the title to the thing, the
will or administration, or the condition, status or relationship of the person; however, the probate of a will or granting of
letters of administration shall only be prima facie evidence of the death of the testator or intestate;

(b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter
that could have been raised in relation thereto, conclusive between the parties and their successors in interest by title
subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same
title and in the same capacity; and

(c) In any other litigation between the same parties or their successors in interest, that only is deemed to have been
adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was
actually and necessarily included therein or necessary thereto.

Sec. 48. Effect of foreign judgments or final orders.

The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or
final order is as follows:
(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to
the thing; and

(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right
as between the parties and their successors in interest by a subsequent title.

In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the
party, collusion, fraud, or clear mistake of law or fact.