July 1, 1940

RULES OF COURT

Pursuant to the provisions of section 13 of Article VIII of the Constitution,the Supreme Court hereby adopts and promulgates the following rulesconcerning pleading, practice and procedure in all courts of the Philippines, andthe admission to the practice of law therein: AHCTEa

RULE 1Title and Construction

SECTION 1. Title of the Rules. These rules shall be known and citedas the Rules of Court.

SECTION 2. Construction. These rules shall be liberally construed inorder to promote their object and to assist the parties in obtaining just, speedy,and inexpensive determination of every action and proceeding.

PART ICivil Actions

General Provisions on ActionsRULE 2

Commencement of ActionsSECTION 1. Action Dened. Action means an ordinary suit in a court

of justice, by which one party prosecutes another for the enforcement orprotection of a right, or the prevention or redress of a wrong. Every other remedyis a special proceeding.

SECTION 2. Commencement of Action. A civil action is commencedby filing a complaint with the court.

SECTION 3. Splitting a Cause of Action, Forbidden. A single cause ofaction cannot be split up into two or more parts so as to be made the subject ofdifferent complaints.

SECTION 4. Eect of Splitting. If separate complaints are brought fordierent parts of a single cause of action, the ling of the rst may be pleaded inabatement of the others, and a judgment upon the merits in either is available asa bar in the others.

SECTION 5. Joinder of Causes of Action. Subject to rules regardingvenue and joinder of parties, a party may in one complaint, counterclaim, cross-claim and third-party claim state, in the alternative or otherwise, as manydifferent causes of action as he may have against an opposing party. IEAaST

RULE 3Parties to Civil Actions

SECTION 1. Who May Be Parties. Only natural or juridical personsmay be parties in a civil action.

SECTION 2. Parties in Interest. Every action must be prosecuted inthe name of the real party in interest.

SECTION 3. Trustees. A trustee of an express trust, a party withwhom or in whose name a contract has been made for the benet of another, aguardian, executor or administrator, or a party authorized by statute, may sue orbe sued without joining the party for whose benet the action is presented ordefended; but the court may, at any stage of the proceedings, order suchbeneficiary to be made a party.

SECTION 4. Married Woman. A married woman may not sue or besued alone without joining her husband, except in the following instances:

(a) When the action concerns her paraphernal property;(b) When the action is between herself and her husband;(c) When she is living separately and apart from her husband for just

cause.(See Art. 113, N.C.C.)SECTION 5. Infants, or Incompetent Persons. A minor, insane, or

person declared judicially to be incompetent, may sue or be sued through hisguardian, or if he has none, through a guardian ad litem appointed by court.

SECTION 6. Permissive Joinder of Parties. All persons in whom oragainst whom any right to relief in respect to or arising out of the sametransaction or series of transactions is alleged to exist, whether jointly, severally,or in the alternative, may, except as otherwise provided in these rules, join asplaintis or be joined as defendants in one complaint, where any question of lawor fact common to all such plaintis or to all such defendants may arise in theaction; but the court may make such orders as may be just to prevent anyplainti or defendant from being embarrassed or put to expense in connectionwith any proceedings in which he may have no interest. AacSTE

SECTION 7. Compulsory Joinder of Indispensable Parties. Parties ininterest without whom no nal determination can be had of an action shall bejoined either as plaintiffs or defendants.

SECTION 8. Joinder of Necessary Parties. When persons who are notindispensable but who ought to be parties if complete relief is to be accorded asbetween those already parties, have not been made parties and are subject tothe jurisdiction of the court as to both service of process and venue, the courtshall order them summoned to appear in the action. But the court may, in itsdiscretion, proceed in the action without making such persons parties, and thejudgment rendered therein shall be without prejudice to the rights of suchpersons.

SECTION 9. Non-Joinder of Necessary Parties to Be Pleaded. In anypleading in which relief is asked, the pleader shall set forth the names, if knownto him, of persons who ought to be parties if complete relief is to be accorded

between those already parties, but who are not joined, and shall state why theyare omitted.

SECTION 10. Unwilling Co-Plainti. If the consent of any party whoshould be joined as plainti cannot be obtained, he may be made a defendantand the reason therefor shall be stated in the complaint.

SECTION 11. Misjoinder and Non-Joinder of Parties. Misjoinder ofparties is not ground for dismissal of an action. Parties may be dropped or addedby order of the court on motion of any party or of its own initiative at any stageof the action and on such terms as are just. Any claim against a party may besevered and proceeded with separately.

SECTION 12. Class Suit. When the subject-matter of the controversyis one of common or general interest to many persons, and the parties are sonumerous that it is impracticable to bring them all before the court, one or moremay sue or defend for the benet of all. But in such case the court shall makesure that the parties actually before it are suciently numerous andrepresentative so that all interests concerned are fully protected. Any party ininterest shall have a right to intervene in protection of his individual interest. HIAEaC

SECTION 13. Alternative Defendants. Where the plainti is uncertainagainst which of several persons he is entitled to relief, he may join any or all ofthem as defendants in the alternative, although a right to relief against one maybe inconsistent with a right to relief against the other.

SECTION 14. Unknown Identity or Name of Defendant. Wheneverthe identity or name of a defendant is unknown, he may be sued as theunknown owner, heir, devisee, or by such other designation as the case mayrequire; when his identity or true name is discovered, the pleading must beamended accordingly.

SECTION 15. Associations as Defendants. When two or more persons,associated in any business, transact such business under a common name,whether it comprises the names of such persons or not, the associates may besued by such common name.

SECTION 16. Duty of Attorney upon Death or Incapacity of Party. Whenever a party to a pending case dies or becomes insane, it shall be the dutyof his attorney to inform the court promptly of such death or insanity and to givethe name and residence of the executor or administrator, guardian, or other legalrepresentative of the deceased or insane.

SECTION 17. Death of Party. After a party dies and the claim is notthereby extinguished, the court shall order, upon proper notice, the legal-representative of the deceased to appear and to be substituted for the deceased,within a period of thirty (30) days, or within such time as may be granted. If thelegal representative fails to appear within said time, the court may order theopposing party to procure the appointment of a legal representative of thedeceased within a time to be specied by the court, and the representative shallimmediately appear for and on behalf of the interest of the deceased. The courtcharges involved in procuring such appointment, if defrayed by the opposing

party, may be recovered as costs. The heirs of the deceased may be allowed to besubstituted for the deceased, without requiring the appointment of an executoror administrator and the court may appoint guardian ad litem for the minorheirs. ICaDHT

SECTION 18. Death or Separation of a Party Who Is a GovernmentOfficer. When an ocer of the Philippines is a party in an action and during itspendency dies, resigns, or otherwise ceases to hold oce, the action may becontinued and maintained by or against his successor, if within thirty (30) daysafter the successor takes oce it is satisfactorily shown to the court that there isa substantial need for so continuing and maintaining it. Substitution pursuant tothis rule may be made when it is shown by supplemental pleading that thesuccessor of an ocer adopts or continues or threatens to adopt or continue theaction of his predecessor in enforcing a law averred to be in violation of theConstitution of the Philippines. Before a substitution is made, the party or ocerto be aected, unless expressly assenting thereto, shall be given reasonablenotice of the application therefor and accorded an opportunity to object.

SECTION 19. Incompetency. If a party becomes incompetent, thecourt, upon motion with notice, may allow the action to be continued by oragainst his representative.

SECTION 20. Transfer of Interest. In case of any transfer of interest,the action may be continued by or against the original party, unless the courtupon motion directs the person to whom the interest is transferred to besubstituted in the action or joined with the original party.

SECTION 21. Where Claim Does Not Survive. When the action is forthe recovery of money, debt or interest thereon, and the defendant dies beforenal judgment in the Court of First Instance, it shall be dismissed to beprosecuted in the manner especially provided in these rules.

SECTION 22. Pauper Litigant. Any court may authorize a litigant toprosecute his action or defense as a pauper upon a proper showing that he has nomeans to that eect by adavits, certicate of the corresponding provincial ormunicipal treasurer, or otherwise. Such authority once given shall include anexemption from payment of legal fees and from ling appeal bond, printed recordand printed brief. The legal fees shall be a lien to any judgment rendered in thecase favorably to the pauper, unless the court otherwise provides.

SECTION 23. Notice to Solicitor-General. In any action involving thevalidity of any treaty, law, ordinance or executive order or regulation, a superiorcourt, in its discretion, may require the appearance of the Solicitor-General whomay be heard in person or through a representative duly designated by him. IEHDAT

Procedure in Inferior CourtsRULE 4

Venue of Pleadings, Trial, Judgment and ExecutionSECTION 1. Meaning of Words. The words "inferior courts" include

both "justice of the peace court" and "municipal courts."

SECTION 2. Venue in Inferior Courts. Forcible entry and detaineractions regarding real property shall be brought in the municipality in which thesubject-matter thereof is situated. If the property be found in two or moremunicipalities actions may be brought in any of them, at the option of theplaintiff.

All other civil actions in inferior courts shall be brought:(a) In the place specified by the parties by means of a written

agreement, whenever the court shall have jurisdiction to try theaction by reason of its nature or the amount involved;

(b) If there is no such agreement, in the place of the execution of thecontract sued upon as appears therefrom;

(c) When the place of execution of the written contract sued upon doesnot appear therein, or the action is not upon a written contract, thenin the municipality where the defendant or any of the defendantsresides or may be served with summons.

See also Rep. Act No. 1171, Venue in labor cases.SECTION 3. The Complaint. The complaint shall state the name and

residence of the plainti and those of the defendant, the substance of the claimmade, the grounds of action, the relief sought, and the date when the claim ispresented to the court.

SECTION 4. Date of Filing of Complaint. Upon the ling of acomplaint in an inferior court, the judge or clerk if any, shall indorse thereon theday, month, and year upon which it was led, and forthwith issue thecorresponding summons to the defendants. IESTcD

SECTION 5. Summons. The provisions of Rule 7 hereof shall, so far asapplicable, regulate summons issued by inferior courts; but the directioncontained in the summons must be that the defendant appear, answer thecomplaint, and produce his evidence, at a stated place, day, and hour, which shallbe not less than two days nor more than ve days after the service of thesummons if it be served in the municipality or city in which the action is brought,nor less than ten days nor more than twenty days after such service if thesummons be served out of the municipality. The plainti must be notied of thedate, time and place set for the trial.

SECTION 6. The Answer. The defendant may answer the complaintorally or in writing, by either denying specically the material allegations of thecomplaint, or alleging any lawful defense. He may also interpose a counterclaimfor an amount within the court's jurisdiction, but it must be in writing, and ifrequested by the defendant, the justice or municipal judge shall reduce the sameto writing.

SECTION 7. Motion to Dismiss or for Judgment on the Pleadings. Amotion to dismiss or for judgment on the pleadings may be led on any of thegrounds provided in Rule 8 and immediately upon its denial the movant shallgive his answer.

SECTION 8. Order of Trial. On the trial, the court shall hear rst thetestimony of the plainti and his witnesses, next the testimony of the defendantand his witnesses, and nally the plainti may oer rebutting testimony. Whenthe testimony has been closed, the plainti or his representative shall be heardin argument, if he so desires, and upon the conclusion of his argument, thedefendant or his representative shall be heard in argument, and thereafter theplaintiff or his representative may conclude the argument.

SECTION 9. Adjournment. Inferior courts may adjourn the hearing ofan action from day to day as the interest of justice requires, but shall not havepower to adjourn hearings for a longer period than ve days for eachadjournment, nor for more than fifteen days in all. HEDSIc

SECTION 10. Oer to Compromise. If the defendant, at any timebefore the trial, oers in writing to allow judgment to be taken against him for aspecied sum, the plainti may immediately have judgment therefor, with thecosts then accrued; but if he does not accept such oer before the trial, and failsto recover in the action a sum in excess of the oer, he cannot recover costs, butcosts must be adjudged against him, and, if he recovers, be deducted from hisrecovery. The oer and failure to accept it cannot aect the recovery otherwisethan as to costs.

SECTION 11. Judgment after Trial, When and How Rendered. At theconclusion of the trial, the justice or municipal judge shall render judgment forthe plainti or for the defendant as the law and evidence may warrant. If there isa counterclaim, the justice or municipal judge shall render judgment for the sumfound in arrears from either party, with costs. But he may adjourn the dispositionof the case to a stated day, not exceeding one week from the time of theconclusion of the trial, for the consideration of judgment, if he requires time forconsideration.

SECTION 12. Dismissal upon Plainti's Failure to Appear. If theplainti does not appear at the time and place designated in the summons, thejustice or municipal judge may dismiss the action for failure to prosecute, andrender judgment for the defendant to recover his costs. But such dismissalwithout hearing shall not be a bar to a subsequent action for the same cause.

SECTION 13. Judgment by Default. If the defendant does not appearat the time and place designated in the summons, he may be declared in default,and the court shall thereupon proceed to hear the testimony of the plainti andhis witnesses, and shall render judgment for the plainti in accordance with thefacts alleged and proved.

SECTION 14. Vacating Dismissals and Defaults. Within two hoursafter the entry of a dismissal or default, as provided in the last two precedingsections, the court may set aside such entry and allow the party against whomsuch dismissal or default had been entered to have a trial upon the merits of thecause, if such party appears and makes it manifest to the court that his failure toappear at the time and place designated in the summons was by reason of fraud,accident or mistake. ASHEca

SECTION 15. Form of Judgment. The judgment shall be in writing

and signed by the justice of the peace or municipal judge, but it need not containfindings of fact or conclusions of law.

SECTION 16. New Trial. Within the time provided for perfecting anappeal from a judgment rendered by an inferior court and before an appeal is soperfected, the court may grant a new trial to correct an error or injustice it mayhave committed.

SECTION 17. Procedure on Minor Matters. Where a claim does notexceed twenty pesos, no written or formal pleadings need be led, but the judgeshall note the claim, and in such form as he may deem best and convenientunder the circumstances shall summon the parties and hear them as well astheir witnesses. If the defendant fails to appear at the rst informal call, a formalsummons with an information as to the claim against him may be issued. Afterthe hearing, both parties shall be informed of the judgment, which may be oral,but shall be noted in the corresponding docket together with the claim, defenseand all the proceedings had thereon. No fees shall be charged or costs allowed insuch proceedings.

SECTION 18. Execution. Execution shall issue upon a nal judgmentof an inferior court after the time for perfecting an appeal has expired and noappeal has been perfected.

SECTION 19. Application of Certain Rules. Rules 10, 12, 13, 14, 18,28, 29, 30 and 39 are applicable in inferior courts in cases falling within theirjurisdictions and in so far as they are not inconsistent with the provisions of thisrule.

Procedure in Courts of First InstanceRULE 5Venue

SECTION 1. General Rule. Civil actions in Courts of First Instancemay be commenced and tried where the defendant or any of the defendantsresides or may be found, or where the plainti or any of the plaintis resides, atthe election of the plaintiff. (See R.A. No. 1171). IaHDcT

SECTION 2. Non-Resident Defendant. If any of the defendants doesnot reside and is not found in the Philippines, and the action aects the personalstatus of the plainti, or any property of the defendant located in the Philippines,the action may be commenced and tried in the province where the plaintiresides or the property, or any portion thereof, is situated or found.

SECTION 3. Real Action. Actions aecting title to, or for recovery ofpossession, or for partition or condemnation of, or foreclosure of mortgage on,real property, shall be commenced and tried in the province where the propertyor any part thereof lies.

SECTION 4. Venue by Agreement and Waiver. By agreement of theparties the venue of an action may be changed or transferred from one provinceto another. When improper venue is not objected to prior to the trial, it isdeemed waived.

RULE 6Complaint

SECTION 1. Complaint; Its Contents. The complaint is a concisestatement of the ultimate facts constituting the plainti's cause or causes ofaction, and shall specify the relief sought; but it may add a general prayer forsuch further or other relief as may be deemed just or equitable. The names of theparties plaintiff and defendant must all be mentioned in the complaint.

SECTION 2. Headings. When two or more causes of action are joined,the statement of the rst shall be prefaced by the words "rst cause of action," ofthe second by "second cause of action," and so on for the others.

RULE 7Summons

SECTION 1. Clerk to Issue Summons. Upon the ling of thecomplaint, the clerk of court shall forthwith issue the corresponding summons tothe defendants.

SECTION 2. Defendants Residing in Dierent Provinces. If thedefendants reside in dierent provinces, one summons shall issue for all thedefendants residing in one province and another for all the defendants residing inanother province, and in the same way until summons have been issued for allthe defendants. aHICDc

SECTION 3. Contents. The summons shall be directed to thedefendant, signed by the clerk of the court under its seal, and contain: (a) thename of the court and the names of the parties to the action; (b) a direction thatthe defendant answer within the time xed by these rules; (c) a notice thatunless the defendant so answers, plainti will take judgment by default anddemand from the court the relief applied for.

A copy of the complaint and order for appointment of guardian ad litem, ifany, shall be attached to the original and each copy of the summons.

SECTION 4. Issuance of Other Summons. If a summons is returnedwithout being served on any or all of the defendants, or if it has been lost, theclerk, on demand of the plainti, may issue other summons as the case mayrequire, in the same form as the original.

SECTION 5. By Whom Summons May Be Served. The summons maybe served by the sheri or other proper court ocer of the province in whichservice is to be made, or for special reasons by any person especially authorizedby the judge of the court issuing the summons.

SECTION 6. Return. When the service has been completed, theserver shall give notice thereof, by registered mail, to the plainti or his counsel,and shall return the summons to the clerk who issued it, accompanied with theproof of service.

SECTION 7. Personal Service of Summons. The summons shall beserved by handing a copy thereof to the defendant in person, or, if he refuses to

receive it, by tendering it to him.SECTION 8. Substituted Service. If the defendant cannot be promptly

served as required in the preceding section, service may be eected by leavingcopies of the summons at the defendant's dwelling house or usual place of abodewith some person of suitable age and discretion then residing therein, or byleaving the copies at defendant's oce or regular place of business with somecompetent person in charge thereof or upon the defendant by registered mail. ACIEaH

SECTION 9. Service upon Associations. When persons associated inbusiness are sued under a common name service may be eected upon all thedefendants by serving upon any one of them, or upon the person in charge of theoce or place of business maintained in the common name. But such serviceshall not bind individually any person whose connection with the association has,upon due notice, been severed before the action was brought.

SECTION 10. Service upon Minors. When the defendant is a minor,service shall be made on him personally and also on his guardian; but the courtmay order that service made on a minor of 15 or more years of age shall besufficient.

SECTION 11. Service upon Insane or Incompetent. When thedefendant is insane or judicially declared incompetent, service shall be eectedon him personally and on his guardian.

SECTION 12. Service upon Prisoners. When a prisoner conned in ajail or institution is a defendant, service may be eected upon him by serving onthe officer having the management of such jail or institution.

SECTION 13. Service upon Private Domestic Corporation or Partnership. If the defendant is a corporation formed under the laws of the Philippines or apartnership duly registered, service may be made on the president, manager,secretary, cashier, agent, or any of its directors.

SECTION 14. Service upon Private Foreign Corporations. If thedefendant is a foreign corporation, or a non-resident joint stock company orassociation, doing business in the Philippines, service may be made on itsresident agent designated in accordance with law for that purpose, or, if there beno such agent, on the government ocial designated by law to that eect, or onany of its officers or agents within the Philippines.

SECTION 15. Service upon Public Corporations. When the defendantis the Government of the Philippines, service may be eected on the Solicitor-General; in case of a province, city, municipality, or like public corporations,service may be eected on its executive head, or on such other ocer or ocersas the court may direct. IaSCTE

SECTION 16. Service upon an Unknown Defendant. Whenever thedefendant is designated as an unknown owner, or the like, or whenever theaddress of a defendant is unknown and cannot be ascertained by diligent inquiry,service may, by leave of court, be eected upon him by publication in such placesand for such time as the court may order.

SECTION 17. Extra-Territorial Service. When the defendant does notreside and is not found in the Philippines and the action aects the personalstatus of the plainti or relates to, or the subject of which is, property within thePhilippines, in which the defendant has or claims a lien or interest, actual orcontingent, or in which the relief demanded consists, wholly or in part, inexcluding the defendant from any interest therein, or the property of thedefendant has been attached within the Philippines, service may, by leave ofcourt, be eected out of the Philippines by personal service as under section 7; orby registered mail; or by publication in such places and for such time as the courtmay order, in which case a copy of the summons and order of the court shall besent by ordinary mail to the last known address of the defendant; or in any othermanner the court may deem sucient. Any order granting such leave shallspecify a reasonable time, which shall not be less than sixty (60) days afternotice, within which the defendant must answer.

SECTION 18. Residents. When an action is commenced against adefendant who ordinarily resides within the Philippines, but who is temporarilyout of it, service may, by leave of court, be eected out of the Philippines, asunder the preceding section.

SECTION 19. Leave of Court. Any application to the court under thisrule for leave to eect service in any manner for which leave of court isnecessary shall be made by motion in writing, supported by adavit of theplainti or some person on his behalf, setting forth the grounds for theapplication.

SECTION 20. Proof of Service. The proof of service of a summonsshall be made in writing by the server and shall set forth the manner, place, anddate of service; shall specify any papers which have been served with theprocess; and shall be sworn to when made by a person other than a sheri or hisdeputy.

SECTION 21. Proof of Service by Publication. If the service has beenmade by publication, service may be proved by the adavit of the printer, hisforeman or principal clerk, or of the editor, business or advertising manager, towhich adavit a copy of the publication shall be attached, and by an adavitshowing the deposit of a copy of the summons and order for publication in thepost oce, postage prepaid, directed to the defendant by ordinary mail to his lastknown address. ICHcaD

SECTION 22. Proof of Service by Registered Mail. Service of summonsby registered mail may be proved by an adavit of the sheri or person speciallyauthorized by the court, showing that a copy of the summons, inclosed in anenvelope and addressed to the defendant, with postage prepaid, has been mailed,to which affidavit the registry receipt and return card shall be attached.

SECTION 23. What is Equivalent to Service. The defendant'svoluntary appearance in the action shall be equivalent to service.

SECTION 24. Notice of Lis Pendens. In an action aecting the title orthe right of possession of real property, the plainti, at the time of ling thecomplaint, and the defendant, at the time of ling his answer, when armative

relief is claimed in such answer, or at any time afterwards, may record in theoce of the registrar of deeds of the province in which the property is situated anotice of the pendency of the action, containing the names of the parties and theobject of the action or defense, and a description of the property in that provinceaected thereby. From the time only of ling such notice for record shall apurchaser, or incumbrancer of the property aected thereby, be deemed to haveconstructive notice of the pendency of the action, and only of its pendencyagainst parties designated by their real names.

RULE 8Motion to Dismiss

SECTION 1. Preliminary Questions. Defendant may, within the timefor pleading, file a motion to dismiss the action on any of the following grounds:

(a) That the court has no jurisdiction of the person of the defendant orof the subject-matter of the action or suit;

(b) That venue is improperly laid;(c) That the plaintiff has no legal capacity to sue;(d) That there is another action pending between the same parties for

the same cause; THADEI(e) That the cause of action is barred by a prior judgment or by statute

of limitations;(f) That the complaint states no cause of action;(g) That the claim or demand set forth in the plaintiff's pleading has

been released;(h) That the claim on which the action or suit is founded is

unenforceable under the provisions of the statute of frauds;(i) That the cause of action did not accrue against the defendant

because of his infancy or other disability.SECTION 2. Scope of the Rule. Similar motion may be made by a

third-party defendant, or by plainti in a counterclaim, or by a co-party in a cross-claim.

SECTION 3. Order. After hearing the court may deny or grant themotion or allow amendment of pleading, or may defer the hearing anddetermination of the motion until the trial if the ground alleged therein does notappear to be indubitable.

SECTION 4. Time to Plead. A motion under this rule interrupts thetime to plead.

SECTION 5. Armative Defenses. If no motion to dismiss has beenled, any of the grounds therefor as provided in this rule, may be pleaded as anarmative defense, and a preliminary hearing may be had thereon as if amotion to dismiss has been filed.

RULE 9

AnswerSECTION 1. Time and Contents. Within fteen (15) days after service

of summons the defendant shall le his answer and serve a copy thereof uponthe plainti. The answer shall contain a concise statement of the ultimate factson which he relies for his defense. EIcSTD

SECTION 2. Time to Answer When Defendant Is Foreign Corporation. Where the defendant is a foreign corporation and service of summons is made onthe government ocial designated by law to that eect, the defendant mayanswer within thirty (30) days after receipt of summons.

SECTION 3. After Amendment. If the complaint is amended, the timelimited for the ling and service of the answer shall, unless otherwise ordered,run from service of the amended complaint. An answer led before theamendment shall stand as an answer to the amended complaint, unless a newanswer is led within ten days from notice of admission of the amendedcomplaint.

SECTION 4. Headings. When one or more paragraphs in the answerare addressed to one of several causes of action in the complaint they shall beprefaced by the words "Answer to First Cause of Action" or "Answer to SecondCause of Action" and so on; and when one or more paragraphs of the answer areaddressed to several causes of action they shall be prefaced by words to thateffect.

SECTION 5. Answer of Associations. Persons associated in businesswho are sued under a common name must all be named individually in theanswer filed by them or on their behalf with their business address.

SECTION 6. Defenses. The answer shall contain either a specicdenial or a statement of matters in avoidance of the cause or causes of actionasserted in the complaint.

SECTION 7. Specific Denial. The defendant must deal specically witheach material allegation of fact the truth of which he does not admit and,whenever practicable, shall set forth the substance of the matters which he willrely upon to support his denial. Where a pleader desires to deny only a part or aqualication of an averment, he shall specify so much of it as is true and materialand shall deny only the remainder. Where the defendant is without knowledgeor information sucient to form a belief as to the truth of a material avermentmade in the complaint, he shall so state, and this shall have the eect of adenial.

SECTION 8. Allegations Not Specically Denied. Material averment inthe complaint, other than those as to the amount of damage, shall be deemedadmitted when not specically denied. Allegations of usury are deemed admittedif not denied specifically and under oath. ACcEHI

SECTION 9. Armative Defenses. The defendant may set forth byanswer as many armative defenses as he may have. All such grounds ofdefense as would raise issues of fact not arising upon the preceding pleadingmust be specically pleaded, including fraud, statute of limitations, release,

payment, illegality, statute of frauds, estoppel, former recovery, discharge inbankruptcy, and all other matter by way of confession and avoidance. When aparty has mistakenly designated a defense as a counterclaim, or a counterclaimas a defense, the court may treat the pleading as if it had been properlydesignated without requiring repleading.

SECTION 10. Waiver of Defenses. Defenses and objections notpleaded either in a motion to dismiss or in the answer are deemed waived;except the defense of failure to state a cause of action, which may be alleged in alater pleading, if one is permitted, or by motion for judgment on the pleadings, orat the trial on the merits; but in the last instance, the motion shall be disposed ofas provided in section 5 of Rule 17 in the light of any evidence which may havebeen received. Whenever it appears that the court has no jurisdiction over thesubject-matter, it shall dismiss the action.

RULE 10Counterclaim and Cross-Claim

SECTION 1. Counterclaim Dened. A counterclaim is any claim,whether for money or otherwise, which a party may have against the opposingparty. A counterclaim need not diminish or defeat the recovery sought by theopposing party, but may claim relief exceeding in amount or dierent in kindfrom that sought by the opposing party's claim.

SECTION 2. Cross-Claim Dened. A cross-claim is any claim by oneparty against a co-party arising out of the transaction or occurrence that is thesubject-matter either of the original action or of a counterclaim therein. Suchcross-claim may include a claim that the party against whom it is asserted is ormay be liable to the cross-claimant for all or part of a claim asserted in the actionagainst the cross-claimant. SITCEA

SECTION 3. Counterclaim or Cross-Claim in the Answer. The answermay contain any counterclaim or cross-claim which a party may have at the timeagainst the opposing party or a co-defendant, provided that the court hasjurisdiction to entertain the claim and can, if the presence of third parties isessential for its adjudication, acquire jurisdiction of such parties.

SECTION 4. Counterclaim or Cross-Claim Arising after Answer. Acounterclaim or a cross-claim which either matured or was acquired by a partyafter serving his pleading may, with the permission of the court, be presented asa counterclaim or a cross-claim by supplemental pleading before judgment.

SECTION 5. Omitted Counterclaim or Cross-Claim. When a pleaderfails to set up a counterclaim or a cross-claim through oversight, inadvertence, orexcusable neglect, or when justice requires, he may, by leave of court, set up thecounterclaim or cross-claim by amendment before judgment.

SECTION 6. Counterclaim Not Set Up Barred. A counterclaim not setup shall be barred if it arises out of or is necessarily connected with, thetransaction or occurrence that is the subject-matter of the opposing party's claimand does not require for its adjudication the presence of third parties of whomthe court cannot acquire jurisdiction.

SECTION 7. Answer. A counterclaim or cross-claim must be answeredin accordance with Rule 9 within ten (10) days from service. aSEDHC

SECTION 8. Counterclaim or Cross-Claim in the Plainti's or Co-Party'sAnswer. The party ling an answer under the preceding section, may pleadtherein a counterclaim or cross-claim in accordance with the provisions of thisrule.

SECTION 9. Bringing New Parties. When the presence of partiesother than those to the original action is required for the granting of completerelief in the determination of a counterclaim or cross-claim, the court shall orderthem to be brought in as defendants, if jurisdiction of them can be obtained.

RULE 11Reply

SECTION 1. Reply. The plainti may at the beginning of the trialassert any matter in denial or in avoidance of any armative averment made inthe answer and may interpose any claims, legal or equitable, arising out of thetransaction which is the subject-matter of such armative averment. If theplainti fails to make such reply, all the new matters alleged in the answer aredeemed controverted.

RULE 12Third-Party Complaint

SECTION 1. Claim against One Not a Party to an Action. When adefendant claims to be entitled against a person not a party to the action,hereinafter called the third-party defendant, to contribution, indemnity,subrogation or any other relief, in respect of the plainti's claim, he may le,with leave of court, against such person a pleading which shall state the natureof his claim and shall be called the third-party complaint.

SECTION 2. Motion for Leave. Before the service of his answer adefendant may move ex parte or, after the service of his answer, on notice to theplainti, for leave as third-party plainti to le a complaint against a third-partydefendant.

SECTION 3. Summons. The third-party defendant shall be servedwith summons to which a copy of the third-party complaint and the plainti'scomplaint shall be attached.

SECTION 4. Third-Party Defendant's Answer. The third-partydefendant may le his answer alleging his defenses as provided in Rule 9 and hiscounterclaims and cross-claims against the plainti, the third-party plainti orany other party as provided in Rule 10, and he may assert any defenses whichthe third-party plaintiff has to the plaintiff's claim.

SECTION 5. Complaint Amendment. The plainti may amend hispleadings to assert against the third-party defendant any claim which theplainti might have asserted against the third-party defendant had he beenjoined originally as a defendant.

SECTION 6. Eect of Adjudication. The third-party defendant shall bebound by the adjudication of the third-party plainti's liability to the plainti, aswell as of his own to the plaintiff or to the third-party plaintiff.

SECTION 7. Third-Party Complaint by Plainti. Where a counterclaimis asserted against a plainti, he may cause a third party to be brought in undercircumstances which under this rule would entitle a defendant to do so. CacTIE

SECTION 8. Fourth, etc., Parties. A third-party defendant mayproceed under this rule against any person not a party to the action who is ormay be liable to him or to the third-party plainti for all or part of the claimmade in the action against the third-party defendant.

RULE 13Intervention

SECTION 1. When Proper. A person may, at any period of a trial, bepermitted by the court, in its discretion, to intervene in an action, if he has legalinterest in the matter in litigation, or in the success of either of the parties, or aninterest against both, or when he is so situated as to be adversely aected by adistribution or other disposition of property in the custody of the court or of anofficer thereof.

SECTION 2. Motion for Intervention. A person desiring to interveneshall le a motion for leave of court with notice upon all the parties to the action.

SECTION 3. Discretion of Court. In allowing or disallowing a motionfor intervention, the court, in the exercise of discretion, shall consider whether ornot the intervention will unduly delay or prejudice the adjudication of the rightsof the original parties and whether or not the intervenor's rights may be fullyprotected in a separate proceeding.

SECTION 4. Complaint or Answer in Intervention if Permitted. Ifpermitted, the intervention shall be made by complaint led and served inregular form, and may be answered as if it were an original complaint; but whereintervenor unites with the defendant in resisting the claims of the plainti, theintervention may be made in the form of an answer to the complaint.

SECTION 5. Time. Unless a dierent period is xed by the court, thecomplaint or answer in intervention shall be led within ten (10) days fromnotice of the order permitting such intervention. DacASC

RULE 14Interpleader

SECTION 1. Interpleader When Proper. Whenever conicting claimsupon the same subject-matter are or may be made against a person, who claimsno interest whatever in the subject-matter, or an interest which in whole or inpart is not disputed by the claimants, he may bring an action against theconicting claimants to compel them to interplead and litigate their severalclaims among themselves.

SECTION 2. Order. Upon the ling of the complaint, the court shall

issue an order requiring the conicting claimants to interplead with one another.If the interests of justice require, the court may command in such order that thesubject-matter be paid or transferred into court.

SECTION 3. Summons. Summons shall be served upon the conflictingclaimants, together with a copy of the complaint and order.

SECTION 4. Failure to Plead. If any claimant fails to plead within thetime xed in the summons, the court may enter judgment barring him from anyclaim in respect to the subject-matter.

SECTION 5. Determination. After the pleadings of the conictingclaimants have been led the court shall proceed to determine their respectiverights and adjudicate their several claims.

SECTION 6. Costs as Lien. The costs shall be a rst lien or chargeupon the subject-matter of the proceedings unless the court shall otherwiseorder.

RULE 15Forms and Interpretation of Pleading

SECTION 1. Pleadings. The following rules shall be observed inframing the complaint, answer, reply, counterclaim, cross-claim and third-partycomplaint.

SECTION 2. Caption. Each pleading shall contain a caption settingforth the name of the court, the title of the action, the le number if assignedand a designation of the pleading. In the complaint the title of the action shallinclude the names of all the parties; but in other pleadings it shall be sucient ifthe name of the rst party on each side be stated with an appropriate indicationwhen there are other parties. cSICHD

SECTION 3. Contents. Every pleading shall contain, in a methodicaland logical form, a plain, concise and direct statements of the ultimate facts onwhich the party pleading relies for his claim or defense, as the case may be,omitting the statement of mere evidentiary facts.

SECTION 4. Paragraphs. Every pleading shall be divided intoparagraphs so numbered as to be readily identied, each of which shall contain astatement of a single set of circumstances so far as that can be done withconvenience. A paragraph may be referred to by a number in all succeedingpleadings.

SECTION 5. Signature and Address. Every pleading of a partyrepresented by an attorney shall be signed by at least one attorney of record inhis individual name, whose address shall be stated. A party who is notrepresented by an attorney shall sign his pleading and state his address. Exceptwhen otherwise specically provided by rule or statute, pleadings need not beveried or accompanied by adavit. The signature of an attorney constitutes acerticate by him that he has read the pleading; that to the best of hisknowledge, information, and belief there is good ground to support it; and that itis not interposed for delay. If a pleading is not signed or is signed with intent to

defeat the purpose of this rule, it may be stricken out as sham and false and theaction may proceed as though the pleading had not been served. For a willfulviolation of this rule an attorney may be subjected to appropriate disciplinaryaction. Similar action may be taken if scandalous or indecent matter is inserted.

SECTION 6. How Verified. A pleading is veried by an adavit statingthat the person verifying has read the pleading and that the allegations thereofare true of his own knowledge.

SECTION 7. Actionable Document. Whenever an action or defense isbased upon a written instrument or document, the substance of such instrumentor document shall be set forth in the pleading, and the original or a copy thereofshall be attached to the pleading as an exhibit, which shall be deemed to be apart of the pleading, or said copy may with like eect be set forth in the pleading.EDCTIa

SECTION 8. How to Contest Genuineness of Actionable Documents. When an action or defense is founded upon a written instrument, copied in orattached to the corresponding pleading as provided in the preceding section, thegenuineness and due execution of the instrument shall be deemed admittedunless specifically denied under oath by the adverse party; but this provision doesnot apply when the adverse party does not appear to be a party to theinstrument or when compliance with an order for an inspection of the originalinstrument is refused.

SECTION 9. Alternative Causes of Action or Defenses. A party may setforth two or more statements of a claim or defense alternatively orhypothetically, either in one cause of action or defense or in separate causes ofaction or defenses. When two or more statements are made in the alternativeand one of them if made independently would be sucient, the pleading is notmade insucient by the insuciency of one or more of the alternativestatements.

SECTION 10. Conditions Precedent. In any pleading a generalaverment of the performance or occurrence of all conditions precedent shall besufficient.

SECTION 11. Capacity. It is not necessary to aver the capacity of aparty to sue or be sued or the authority of a party to sue or be sued in arepresentative capacity or the legal existence of an organized association ofpersons that is made a party, except to the extent required to show thejurisdiction of the court. A party desiring to raise an issue as to the legal existenceof any party or the capacity of any party to sue or be sued or the authority of aparty to sue or be sued in a representative capacity, shall do so by specicnegative averment, which shall include such supporting particulars as arepeculiarly within the pleader's knowledge.

SECTION 12. Fraud, Mistake, Condition of the Mind. In all avermentsof fraud or mistake, the circumstances constituting fraud or mistake must bestated with particularity. Malice, intent, knowledge or other condition of mind ofa person may be averred generally.

SECTION 13. Judgment. In pleading a judgment or decision of a

domestic or foreign court, judicial or quasi-judicial tribunal, or of a board orocer, it is sucient to aver the judgment or decision without setting forthmatter showing jurisdiction to render it. DISHEA

SECTION 14. Ocial Document or Act. In pleading an ocialdocument or ocial act it is sucient to aver that the document was issued orthe act done in compliance with law.

SECTION 15. Striking Out. Upon motion made by a party beforeresponding to a pleading or, if no responsive pleading is permitted by these rules,upon motion made by a party within twenty (20) days after the service of thepleading upon him or upon the court's own initiative at any time, the court mayorder any redundant, immaterial, impertinent, or scandalous matter stricken outfrom any pleading.

SECTION 16. Extension of the Time to Plead. Upon motion and onsuch terms as may be just the court may extend the time to plead provided inthese rules.

SECTION 17. Liberal Construction. All pleadings shall be liberallyconstrued so as to do substantial justice.

RULE 16Particulars

SECTION 1. Motion for Bill of Particulars. Before responding to apleading or, if no responsive pleading is permitted by these rules, within ten (10)days after service of the pleading upon him, a party may move for a moredenite statement or for a bill of particulars of any matter which is not averredwith sucient deniteness or particularity to enable him properly to prepare hisresponsive pleading or to prepare for trial. Such motion shall point out thedefects complained of and the details desired.

SECTION 2. Stay. After service of the amended pleading or bill ofparticulars or after notice of denial of his motion, the moving party shall have thesame time to serve his responsive pleading, if any is permitted by these rules, asthat to which he was entitled at the time of serving his motion, but not less thanfive (5) days in any event.

SECTION 3. Refusal. If an order of the court to make more deniteand certain or for a bill of particulars is not obeyed within ten (10) days afternotice of the order or within such other time as the court may x, the court maystrike out the pleading to which the motion was directed or make such otherorder as it deems just. The court may upon motion set aside the order, or modifyit in the interest of justice. aDCIHE

SECTION 4. Part of Pleading. A bill of particulars becomes a part ofthe pleading which it supplements. It shall be governed by the rules of pleading,and the original shall be filed with the clerk of court.

RULE 17Amended and Supplemental Pleadings

SECTION 1. Amendment, How Made. A party may amend hispleading once as a matter of course at any time before a responsive pleading isserved or, if the pleading is one to which no responsive pleading is permitted andthe action has not been placed upon the trial calendar, he may so amend it atany time within ten (10) days after it is served.

SECTION 2. By Leave. The court may, upon motion at any stage of anaction, and upon such terms as may be just, order or give leave to either party toalter or amend any pleading, process, adavit, or other document in the cause,to the end that the real matter in dispute and all matters in the action in disputebetween the parties may, as far as possible, be completely determined in a singleproceeding. But such order or leave shall be refused if it appears to the court thatthe motion was made with intent to delay the action.

SECTION 3. Incorporation. When any pleading is amended, a newcopy of the pleading, incorporating the amendments, which shall be indicated byappropriate marks, shall be filed with the clerk of court.

SECTION 4. Amendment to Conform to Evidence. When issues notraised by the pleadings are tried by express or implied consent of the parties,they shall be treated in all respects, as if they had been raised in the pleadings.Such amendment of the pleadings as may be necessary to cause them toconform to the evidence and to raise these issues may be made upon motion ofany party at any time, even after judgment; but failure so to amend does notaect the result of the trial of these issues. If evidence is objected to at the trialon the ground that it is not within the issues made by the pleadings, the courtmay allow the pleadings to be amended and shall do so freely when thepresentation of the merits of the action will be subserved thereby and theobjecting party fails to satisfy the court that the admission of such evidencewould prejudice him in maintaining his action or defense upon the merits. Thecourt may grant a continuance to enable the objecting party to meet suchevidence. cCAaHD

SECTION 5. Supplemental Pleadings. Upon motion of a party thecourt may, upon reasonable notice and upon such terms as are just, permit himto serve a supplemental pleading setting forth transactions, occurrence or eventswhich have happened since the date of the pleading sought to be supplemented.If the court deems it advisable that the adverse party should plead thereto, itshall so order, specifying the time therefor.

RULE 18Depositions and Discovery

SECTION 1. Depositions Pending Action, When May Be Taken. Byleave of court after jurisdiction has been obtained over any defendant or overproperty which is the subject of the action, or without such leave after an answerhas been served, the testimony of any person, whether a party or not, may betaken, at the instance of any party, by deposition upon oral examination orwritten interrogatories. The attendance of witnesses may be compelled by theuse of subpoena as provided in Rule 29. Depositions shall be taken only inaccordance with these rules. The deposition of a person conned in prison may be

taken only by leave of court on such terms as the court prescribes.SECTION 2. Scope of Examination. Unless otherwise ordered by the

court as provided by section 16 or 18 of this rule, the deponent may be examinedregarding any matter, not privileged, which is relevant to the subject-matterinvolved in the pending action, whether relating to the claim or defense of theexamining party, or to the claim or defense of any other party, including theexistence, description, nature, custody, condition, and location of any books,documents, or other tangible things and the identity and location of personshaving knowledge of relevant facts.

SECTION 3. Examination and Cross-Examination. Examination andcross-examination of deponents may proceed as permitted at the trial under Rule123, sections 79 to 89.

SECTION 4. Use of Depositions. At the trial or upon the hearing of amotion or an interlocutory proceeding, any part or all of a deposition, so far asadmissible under the rules of evidence, may be used against any party who waspresent or represented at the taking of the deposition or who had due noticethereof, in accordance with any one of the following provisions: HaAISC

(a) Any deposition may be used by any party for the purpose ofcontradicting 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 thedeposition was an officer, director, or managing agent of a public orprivate corporation, partnership, or association which is a party maybe used by an adverse party for any purpose;

(c) The deposition of a witness, whether or not a party, may be used byany party for any purpose, if the court finds: (1) that the witness isdead; or (2) that the witness is out of the province and at a greaterdistance than 50 kilometers from the place of trial or hearing, or isout of the Philippines, unless it appears that his absence was procuredby the party offering the deposition; or (3) that the witness is unableto attend or testify because of age, sickness, infirmity, orimprisonment; or (4) that the party offering the deposition has beenunable to procure the attendance of the witness by subpoena; or (5)upon application and notice, that such exceptional circumstancesexist as to make it desirable, in the interest of justice and with dueregard to the importance of presenting the testimony of witnessesorally in open court, to allow the deposition to be used;

(d) If only part of a deposition is offered in evidence by a party, theadverse party may require him to introduce all of it which is relevantto the part introduced, and any party may introduce any other parts.

SECTION 5. Eect of Substitution of Parties. Substitution of partiesdoes not aect the right to use depositions previously taken; and, when an actionhas been dismissed and another action involving the same subject-matter isafterward brought between the same parties or their representatives orsuccessors in interest, all depositions lawfully taken and duly led in the former

action may be used in the latter as if originally taken therefor.SECTION 6. Objections to Admissibility. Subject to the provisions of

section 29 of this rule, objection may be made at the trial or hearing to receivingin evidence any deposition or part thereof for any reason which would requirethe exclusion of the evidence if the witness were then present and testifying. AcDaEH

SECTION 7. Eect of Taking Depositions. A party shall not be deemedto make a person his own witness for any purpose by taking his deposition.

SECTION 8. Eect of Using Depositions. The introduction in evidenceof the deposition or any part thereof for any purpose other than that ofcontradicting or impeaching the deponent makes the deponent the witness ofthe party introducing the deposition, but this shall not apply to the use of anadverse party of a deposition as described in paragraph (b) of section 4 of thisrule.

SECTION 9. Rebutting Deposition. At the trial or hearing any partymay rebut any relevant evidence contained in a deposition whether introducedby him or by any other party.

SECTION 10. Persons before Whom Depositions May Be Taken withinthe Philippines. Within the Philippines, depositions shall be taken before anyjudge, justice of the peace or notary public.

SECTION 11. Persons before Whom Depositions May Be Taken inForeign Countries. In a foreign state or country, depositions shall 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, or (b) before suchperson or officer as may be appointed by commission or under letters rogatory.

SECTION 12. Commission or Letters Rogatory. A commission orletters rogatory shall be issued only when necessary or convenient, onapplication and notice, and on such terms and with such directions as are just andappropriate. Ocers may be designated in notices or commissions either byname or descriptive title and letters rogatory may be addressed "To theAppropriate Judicial Authority in (here name the country)."

SECTION 13. Disqualication by Interest. No deposition shall betaken before a person who is a relative within the sixth degree of consanguinityor anity, or employee or attorney of any of the parties, or is a relative withinthe same degree, or employee of such attorney, or is nancially interested in theaction. CIDTcH

SECTION 14. Stipulations Regarding Taking of Depositions. If theparties so stipulate in writing, depositions may be taken before any person, atany time or place, upon any notice, and in any manner and when so taken maybe used like other depositions.

SECTION 15. Deposition upon Oral Examinations; Notice; Time andPlace. A party desiring to take the deposition of any person upon oralexamination shall give reasonable notice in writing to every other party to theaction. 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 isnot known, a general description sucient to identify him or the particular classor group to which he belongs. On motion of any party upon whom the notice isserved, the court may for cause shown enlarge or shorten the time.

SECTION 16. Orders for the Protection of Parties and Deponents. After notice is served for taking a deposition by oral examination, upon motionseasonably made by any party or by the person to be examined and upon noticeand for good cause shown, the court in which the action is pending may make anorder that the deposition shall not be taken, or that it may be taken only at somedesignated place other than that stated in the notice, or that it may be takenonly on written interrogatories, or that certain matters shall not be inquired into,or that the scope of the examination shall be limited to certain matters, or thatthe examination shall be held with no one present except the parties to theaction and their ocers or counsel, or that after being sealed the deposition shallbe opened only by order of the court, or that secret processes, developments, orresearch need not be disclosed, or that the parties shall simultaneously lespecied documents or information enclosed in sealed envelopes to be opened asdirected by the court; or the court may make any other order which justicerequires to protect the party or witness from annoyance, embarrassment, oroppression.

SECTION 17. Record of Examination; Oath; Objections. The ocerbefore whom the deposition is to be taken shall put the witness on oath and shallpersonally, or by some one acting under his direction and in his presence, recordthe testimony of the witness. The testimony shall be taken stenographicallyunless the parties agree otherwise. All objections made at the time of theexamination to the qualications of the ocer taking the deposition, or to themanner 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 ocer upon thedeposition. Evidence objected to shall be taken subject to the objections. In lieu ofparticipating in the oral examination, parties served with notice of taking adeposition may transmit written interrogatories to the ocers, who shallpropound them to the witness and record the answers verbatim.

SECTION 18. Motion to Terminate or Limit Examination. At any timeduring the taking of the deposition, on motion of any party or of the deponentand upon a showing that the examination is being conducted in bad faith or insuch manner as unreasonably to annoy, embarrass, or oppress the deponent orparty, the court in which the action is pending or the court in the province wherethe deposition is being taken may order the ocer conducting the examinationto cease forthwith from taking the deposition, or may limit the scope andmanner of the taking of the deposition as provided in section 16 of this rule. Ifthe order made terminates the examination, it shall be resumed thereafter onlyupon the order of the court in which the action is pending. Upon demand of theobjecting party or deponent, the taking of the deposition shall be suspended forthe time necessary to make a notice for an order. In granting or refusing suchorder the court may impose upon either party or upon the witness therequirement to pay such costs or expenses as the court may deem reasonable. IcaHTA

SECTION 19. Submission to Witness; Changes; Signing. When thetestimony is fully transcribed the deposition shall be submitted to the witness forexamination and shall be read to or by him, unless such examination and readingare waived by the witness and by the parties. Any changes in form or substancewhich the witness desires to make shall be entered upon the deposition by theocer 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 bystipulation waive the signing or the witness is ill or cannot be found or refuses tosign. If the deposition is not signed by the witness, the ocer shall sign it andstate on the record the fact of the waiver or of the illness or absence of thewitness or the fact of the refusal to sign together with the reason, if any, giventherefor; and the deposition may then be used as fully as though signed, unlesson a motion to suppress under section 29 (f) of this rule, the court holds that thereasons given for the refusal to sign require rejection of the deposition in wholeor in part.

SECTION 20. Certication and Filing by Ocer. The ocer shallcertify on the deposition that the witness was duly sworn to by him and that thedeposition is a true record of the testimony given by the witness. He shall thensecurely seal the deposition in an envelope indorsed with the title of the actionand marked "Deposition of (here insert name of witness)" and shall promptly leit with the court in which the action is pending or send it by registered mail tothe clerk thereof for filing.

SECTION 21. Notice of Filing. The ocer taking the deposition shallgive prompt notice of its filing to all the parties.

SECTION 22. Furnishing Copies. Upon payment of reasonable chargestherefor, the ocer shall furnish a copy of the deposition to any party or to thedeponent.

SECTION 23. Failure to Attend of Party Giving Notice. If the partygiving the notice of the taking of a deposition fails to attend and proceedtherewith and another attends in person or by attorney pursuant to the notice,the court may order the party giving the notice to pay to such other party theamount of the reasonable expenses incurred by him and his attorney in soattending, including reasonable attorney's fees. ITSCED

SECTION 24. Failure of party giving notice to serve subpoena. If theparty giving the notice of the taking of a deposition of a witness fails to serve asubpoena upon him and the witness because of such failure does not attend, andif another party attends in person or by attorney because he expects thedeposition of that witness to be taken, the court may order the party giving thenotice to pay to such other party the amount of the reasonable expenses incurredby him and his attorney in so attending, including reasonable attorney's fees.

SECTION 25. Deposition upon Written Interrogatories; Service of Noticeand of Interrogatories. A party desiring to take the deposition of any personupon written interrogatories shall serve them upon every other party with anotice stating the name and address of the person who is to answer them andthe name or descriptive title and address of the ocer before whom the

deposition is to be taken. Within ten (10) days thereafter a party so served mayserve cross-interrogatories upon the party proposing to take the deposition.Within ve (5) days thereafter the latter may serve re-direct interrogatoriesupon a party who has served cross-interrogatories. Within three (3) days afterbeing served with re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition.

SECTION 26. Ocers to Take Responses and Prepare Record. A copyof the notice and copies of all interrogatories served shall be delivered by theparty taking the deposition to the ocer designated in the notice, who shallproceed 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 toprepare, certify, and le or mail the deposition, attaching thereto the copy of thenotice and the interrogatories received by him.

SECTION 27. Notice of Filing and Furnishing Copies. When adeposition upon interrogatories is led, the ocer taking it shall promptly givenotice thereof to all the parties, and may furnish copies to them or to thedeponent upon payment of reasonable charges therefor.

SECTION 28. Orders for the Protection of the Parties and Deponents.After the service of interrogatories and prior to the taking of the testimony of thedeponent, the court in which the action is pending, on motion promptly made bya party or a deponent, upon notice and good cause shown, may make any orderspecied in sections 15, 16 and 18 of this rule which is appropriate and just or anorder that the deposition shall not be taken before the ocer designated in thenotice or that it shall not be taken except upon oral examination. aHTCIc

SECTION 29. Effect 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 servedupon the party giving the notice.

(b) As to disqualification of officer. Objection to taking a depositionbecause of disqualification of the officer before whom it is to be takenis waived unless made before the taking of the deposition begins or assoon thereafter as the disqualification becomes known or could bediscovered with reasonable diligence.

(c) As to competency or relevancy of evidence. Objections to thecompetency of a witness or to the competency, relevancy, ormateriality of testimony are not waived by failure to make thembefore or during the taking of the deposition, unless the ground of theobjection is one which might have been obviated or removed ifpresented at that time.

(d) As to oral examination and other particulars. Errors andirregularities occurring at the oral examination in the manner oftaking the deposition, in the form of the questions or answers, in theoath or affirmation, or in the conduct of parties and errors of any kindwhich might be obviated, removed, or cured if promptly prosecuted,

are waived unless reasonable objection thereto is made at the takingof the deposition.

(e) As to form of written interrogatories. Objections to the form ofwritten interrogatories submitted under sections 25 and 26 of thisrule are waived unless served in writing upon the party propoundingthem within the time allowed for serving the succeeding cross orother interrogatories and within three days after service of the lastinterrogatories authorized.

(f) As to manner of preparation. Errors and irregularities in themanner in which the testimony is transcribed or the deposition isprepared, signed, certified, sealed, indorsed, transmitted, filed orotherwise dealt with by the officer under sections 15 to 26 of this ruleare waived unless a motion to suppress the deposition or some partthereof is made with reasonable promptness after such defect is, orwith due diligence might have been, ascertained.

RULE 19Depositions before Action or Pending Appeal

SECTION 1. Depositions before Action; Petition. A person who desireto perpetuate his own testimony or that of another person regarding any matterthat may be cognizable in any court of the Philippines, may le a veried petitionin the court of the province of the residence of any expected adverse party. ITCcAD

SECTION 2. Contents of Petition. The petition shall be entitled in thename of the petitioner and shall show: (a) that the petitioner expects to be aparty to an action in a court of the Philippines but is presently unable to bring itor cause it to be brought; (b) the subject-matter of the expected action and hisinterest therein; (c) the facts which he desire to establish by the proposedtestimony and his reasons for desiring to perpetuate it; (d) the names or adescription of the persons he expects will be adverse parties and their addressesso far as known; and (e) the names and addresses of the persons to be examinedand the substance of the testimony which he expects to elicit from each, andshall ask for an order authorizing the petitioner to take the depositions of thepersons to be examined named in the petition for the purpose of perpetuatingtheir testimony.

SECTION 3. Notice and Service. The petitioner shall thereafter servea 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 thecourt, at a time and place named therein, for the order described in the petition.At least twenty (20) days before the date of hearing the notice shall be served inthe manner provided for service of summons.

SECTION 4. Order and Examination. If the court is satised that theperpetuation of the testimony may prevent a failure or delay of justice, it shallmake an order designating or describing the persons whose depositions may betaken and specifying the subject-matter of the examination, and whether thedepositions shall be taken upon oral examination or written interrogatories. The

depositions may then be taken in accordance with the preceding rule.SECTION 5. Reference to Court. For the purpose of applying the

preceding rule to depositions for perpetuating testimony, each reference thereinto the court in which the action is pending shall be deemed to refer to the courtin which the petition for such deposition was filed.

SECTION 6. Use of Deposition. If a deposition to perpetuatetestimony is taken under this rule, or if, although not so taken, it would beadmissible in evidence, it may be used in any action involving the same subject-matter subsequently brought in accordance with the provisions of sections 4 and5 of the preceding rule. ACHEaI

SECTION 7. Depositions Pending Appeal. If an appeal has been takenfrom a judgment of a court of First Instance or before the taking of an appeal ifthe time therefor has not expired, the Court of First Instance in which thejudgment was rendered may allow the taking of depositions of witnesses toperpetuate their testimony for use in the event of further proceedings in the saidcourt. In such case the party who desires to perpetuate the testimony may makea motion in the said Court of First Instance for leave to take the depositions,upon the same notice and service thereof as if the action was pending therein.The motion shall show (a) the names and addresses of the persons to beexamined and the substance of the testimony which he expects to elicit fromeach; and (b) the reason for perpetuating their testimony. If the court nds thatthe perpetuation of the testimony is proper to avoid a failure or delay of justice, itmay make an order allowing the depositions to be taken, and thereupon thedepositions may be taken and used in the same manner and under the sameconditions as are prescribed in these rules for depositions taken in actionspending in the Court of First Instance.

RULE 20Interrogatories

SECTION 1. Interrogatories to Parties; Service Thereof. Any partymay serve upon any adverse party written interrogatories to be answered by theparty served or, if the party served is a public or private corporation or apartnership or association, by any ocer thereof competent to testify in itsbehalf.

SECTION 2. Answer to Interrogatories. The interrogatories shall beanswered separately and fully in writing under oath. The answers shall be signedby the person making them; and the party upon whom the interrogatories havebeen served shall serve a copy of the answers on the party submitting theinterrogatories within fifteen days after the delivery of the interrogatories, unlessthe court, on motion and notice and for good cause shown, enlarges or shortensthe time.

SECTION 3. Objections to Interrogatories. Objections to anyinterrogatories may be presented to the court within ten days after servicethereof, with notice as in case of a motion; and answers shall be deferred untilthe objections are determined, which shall be at as early a time as is practicable.TAcSCH

SECTION 4. Number of Interrogatories. No party may, without leaveof court, serve more than one set of interrogatories to be answered by the sameparty.

RULE 21Production or Inspection of Documents or Things

SECTION 1. Motion for Production or Inspection; Order. Upon motionof any party showing good cause therefor and upon notice to all other parties, thecourt in which an action is pending may (a) order any party to produce andpermit the inspection and copying or photographing, by or on behalf of themoving party, of any designated documents, papers, books, accounts, letters,photographs, objects or tangible things, not privileged, which constitute orcontain evidence material to any matter involved in the action and which are inhis possession, custody or control; or (b) order any party to permit entry upondesignated land or other property in his possession or control for the purpose ofinspecting, measuring, surveying, or photographing the property or anydesignated 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 22Physical and Mental Examinations of Person

SECTION 1. When Examination May Be Ordered. In an action inwhich the mental or physical condition of a party is in controversy, the court inwhich the action is pending may in its discretion order him to submit to physicalor mental examination by a physician.

SECTION 2. Order for Examination. The order for examination maybe made only on motion for good cause shown and upon notice to the party to beexamined 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 isto be made. ISCHET

SECTION 3. Report of Findings. If requested by the person examined,the party causing the examination to be made shall deliver to him a copy of adetailed written report of the examining physician setting out his ndings andconclusions. After such request and delivery the party causing the examination tobe made shall be entitled upon request to receive from the party examined a likereport of any examination, previously or thereafter made, of the same mental orphysical condition. If the party examined refuses to deliver such report the courton motion and notice may make an order requiring delivery on such terms as arejust, and if a physician fails or refuses to make such a report the court mayexclude his testimony if offered at the trial.

SECTION 4. Waiver of Privilege. By requesting and obtaining a reportof the examination so ordered or by taking the deposition of the examiner, theparty examined waives any privilege he may have in that action or any otherinvolving the same controversy, regarding the testimony of every other personwho has examined or may thereafter examine him in respect of the same

mental or physical condition. aCSTDcRULE 23

Admission by Adverse PartySECTION 1. Request for Admission. At any time after the pleadings

are closed, a party may serve upon any other party a written request for theadmission by the latter of the genuineness of any relevant documents describedin and exhibited with the request or of the truth of any relevant matters of factset forth therein. Copies of the documents shall be delivered with the requestunless copies have already been furnished.

SECTION 2. Implied Admission. Each of the matters of which anadmission is requested shall be deemed admitted unless, within a perioddesignated in the request, not less than ten days after service thereof or withinsuch further time as the court may allow on motion and notice, the party towhom the request is directed serves upon the party requesting the admission asworn statement either denying specically the matters of which an admission isrequested or setting forth in detail the reasons why he cannot truthfully eitheradmit or deny those matters.

SECTION 3. Eect of Admission. Any admission made by a partypursuant to such request is for the purpose of the pending action only andneither constitutes an admission by him for any other purpose nor may the samebe used against him in any other proceeding.

SECTION 4. Withdrawal. The court may allow the party making anyadmission under this rule to withdraw or amend it upon such terms as may bejust.

RULE 24Refusal to Make Discovery

SECTION 1. Refusal to Answer. If a party or other deponent refuses toanswer any question propounded upon oral examination, the examination shallbe completed on other matters or adjourned, as the proponent of the questionmay prefer. Thereafter, on reasonable notice to all persons aected thereby, hemay apply to the court in the province where the deposition is taken for an ordercompelling an answer. Upon the refusal of a witness to answer any interrogatorysubmitted under sections 25 and 26 of Rule 18 or upon the refusal of a party toanswer any interrogatory submitted under Rule 20, the proponent of thequestion may on like notice make like application for such an order. If the motionis granted and if the court nds that the refusal was without substantialjustication, it shall require the refusing party or deponent and the party orattorney advising the refusal or either of them to pay to the examining party theamount of the reasonable expenses incurred in obtaining the order, includingreasonable attorney's fees. If the motion is denied and if the court nds that themotion was made without substantial justication, it shall require the examiningparty or the attorney advising the motion or both of them to pay to the refusingparty or deponent the amount of the reasonable expenses incurred in opposingthe motion, including reasonable attorney's fees. HICSaD

SECTION 2. Contempt of Court. If a party or other witness refuses tobe sworn or refuses to answer any question after being directed to do so by thecourt in the province in which the deposition is being taken, the refusal may beconsidered a contempt of that court.

SECTION 3. Other Consequences. If any party or an ocer ormanaging agent of a party refuses to obey an order made under section 1 of thisrule requiring him to answer designated questions, or an order under Rule 21 toproduce any document or other thing for inspection, copying, or photographing orto permit it to be done, or to permit entry upon land or other property, or anorder made under Rule 22 requiring him to submit to a physical or mentalexamination, 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 wereasked, or the character or description of the thing or land, or thecontents of the paper, or the physical or mental condition of theparty, or any other designated facts shall be taken to be establishedfor the purposes of the action in accordance with the claim of theparty obtaining the order;

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

(c) An order striking out pleadings or parts thereof, or staying furtherproceedings until the order is obeyed, or dismissing the action orproceeding or any part thereof, or rendering a judgment by defaultagainst the disobedient party;

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

SECTION 4. Expenses on Refusal to Admit. If a party, after beingserved with a request under Rule 28 to admit the genuineness of any documentsor the truth of any matters of fact, serves a sworn denial thereof and if the partyrequesting the admissions thereafter proves the genuineness of any suchdocument or the truth of any such matter of fact, he may apply to the court foran order requiring the other party to pay him the reasonable expenses incurredin making such proof, including reasonable attorney's fees. Unless the court ndsthat there were good reasons for the denial or that the admissions sought wereof no substantial importance, the order shall be made. CTHaSD

SECTION 5. Failure of Party to Attend or Serve Answers. If a party oran ocer or managing agent of a party wilfully fails to appear before the ocerwho is to take his deposition, after being served with a proper notice, or fails toserve answers to interrogatories submitted under Rule 20, after proper service ofsuch interrogatories, the court on motion and notice may strike out all or anypart 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.SECTION 6. Expenses against the Republic of the Philippines.

Expenses and attorney's fees are not to be imposed upon the Republic of thePhilippines under this rule.

RULE 25Pre-Trial

SECTION 1. Pre-Trial Procedure; Formulating Issues. In any action,the court may in its discretion direct the attorneys for the parties to appearbefore it for a conference to consider:

(a) The possibility of an amicable settlement;(b) The simplification of the issues;(c) The necessity or desirability of amendments to the pleadings;(d) The possibility of obtaining admissions of fact and of documents

which will avoid unnecessary proof;(e) The limitation of the number of expert witnesses;(f) The advisability of a preliminary reference of issues to a

commissioner;(g) Such other matters as may aid in the disposition of the action.The court shall make an order which recites the action taken at the

conference, the amendments allowed to the pleadings, and the agreementsmade by the parties as to any of the matters considered, and which limits theissues for trial to those not disposed of by admissions or agreements of counsel;and such order when entered controls the subsequent course of the action, unlessmodied at the trial to prevent manifest injustice. The court in its discretion mayestablish by rule a pre-trial calendar on which actions may be placed forconsideration as above provided. TaDIHc

RULE 26Motions

SECTION 1. Motion Dened. Every application for an order notincluded in a judgment, may be called a motion.

SECTION 2. Motion Must Be in Writing. All motions shall be made inwriting except motion for continuance made in the presence of the adverseparty, or those made in the course of a hearing or trial.

SECTION 3. Contents. A motion shall state the order sought to beobtained and the grounds upon which it is based, and shall be accompanied bysupporting affidavits and other papers.

SECTION 4. Notice. Notice of a motion shall be served by theapplicant to all parties concerned, at least three days before the hearing thereof,together with a copy of the motion, and of any adavits and other papersaccompanying it. The court, however, for good cause may hear a motion on

shorter notice, specially on matters which the court may dispose of on its ownmotion.

SECTION 5. Contents of Notice. The notice shall be directed to theparties concerned, and shall state the time and place for the hearing of themotion.

SECTION 6. Proof of Service, to Be Filed with Motion. No motion shallbe acted upon by the court, without proof of service of the notice thereof.

SECTION 7. Motion Day. The rst hours of the morning session of thecourt every Saturday of each week shall be devoted to hearing motions, unless,for special reasons, the court shall x another day for the hearing of anyparticular motion.

SECTION 8. Omnibus Motion. A motion attacking a pleading or aproceeding shall include all objections then available, and all objections not soincluded shall be deemed waived. EHSITc

SECTION 9. Form. The rules applicable to pleadings shall also apply toall motions so far as concerns caption, signing and other matters of form.

RULE 27Service and Filing of Pleadings and Other Papers

SECTION 1. Filing with the Court, Dened. The ling of pleadings,appearances, motions, notices, orders and other papers with the court as requiredby these rules shall be made by ling them with the clerk of the court. The dateof the mailing of motions, pleadings, or any other papers or payments ordeposits, as shown by the post-oce registry receipt, shall be considered as thedate of their filing, payment, or deposit in this court.

SECTION 2. Papers to Be Filed and Served. Every order required by itsterms to be served, every pleading subsequent to the complaint, every writtenmotion other than one which may be heard ex-parte, and every written notice,appearance, demand, oer of judgment or similar papers shall be led with thecourt, and served upon the parties aected thereby. If any of such parties hasappeared by an attorney or attorneys, service upon him shall be made upon hisattorneys or one of them, unless service upon the party himself is ordered by thecourt. Where one attorney appears for several parties, he shall only be entitled toone copy of any paper served upon him by the opposite side.

SECTION 3. Modes of Service. Service of pleadings, motions, notices,orders, judgments and other papers shall be made either personally or by mail.

SECTION 4. Personal Service. Service of the papers may be made bydelivering personally a copy to the party or his attorney, or by leaving it in hisoce with his clerk or with a person having charge thereof. If no person is foundin his oce, or his oce is not known, then by leaving the copy, between thehours of eight in the morning and six in the evening, at the party's or attorney'sresidence, if known, with a person of sufficient discretion to receive the same