This web
page
contains the full text of the1997
Rules of Civil Procedure
THE 1997 RULES OF
CIVIL PROCEDURE
Rules 1 to 71
[Took
effect on
July 1, 1997, in accordance with the resolution in Bar Matter No. 803
adopted
by the Supreme Court in Baguio City on April 8, 1997]
PROCEDURE IN
REGIONAL
TRIAL COURTS[Rules 6 to 39]
RULE
6KINDS OF
PLEADINGS
Section 1. Pleadings defined.
Pleadings are the
written
statements of the respective claims and defenses of the parties
submitted
to the court for appropriate judgment.
Sec. 2. Pleadings allowed.
The claims of a party
are
asserted in a complaint, counterclaim, cross-claim, third (fourth,
etc.)
party complaint, or complaint-in-intervention.
The defenses of a
party are
alleged in the answer to the pleading asserting a claim against him.
An answer may be
responded
to by a reply.
Sec. 3. Complaint.
The complaint is the
pleading
alleging the plaintiff's cause or causes of action. The names and
residences
of the plaintiff and defendant must be stated in the complaint.
Sec. 4. Answer.
An answer is a
pleading
in which a defending party sets forth his defenses.
Sec. 5. Defenses.
Defenses may either be
negative
or affirmative.
(a) A negative
defense is
the specific denial of the material fact or facts alleged in the
pleading
of the claimant essential to his cause or causes of action.
(b) An affirmative
defense
is an allegation of a new matter which, while hypothetically admitting
the material allegations in the pleading of the claimant, would
nevertheless
prevent or bar recovery by him. The affirmative defenses include fraud,
statute of limitations, release, payment, illegality, statute of
frauds,
estoppel, former recovery, discharge in bankruptcy, and any other
matter
by way of confession and avoidance.
Sec. 6. Counterclaim.
A counterclaim is any
claim
which a defending party may have against an opposing party.
Sec. 7. Compulsory counterclaim.
A compulsory
counterclaim
is one which, being cognizable by the regular courts of justice, arises
out of or is connected with the transaction or occurrence constituting
the subject matter of the opposing party's claim and does not require
for
its adjudication the presence of third parties of whom the court cannot
acquire jurisdiction. Such a counterclaim must be within the
jurisdiction
of the court both as to the amount and the nature thereof, except that
in an original action before the Regional Trial Court, the counterclaim
may be considered compulsory regardless of the amount.
Sec. 8. Cross-claim.
A cross-claim is any
claim
by one party against a co-party arising out of the transaction or
occurrence
that is the subject matter either of the original action or of a
counterclaim
therein. Such cross-claim may include a claim that the party against
whom
it is asserted is or may be liable to the cross-claimant for all or
part
of a claim asserted in the action against the cross-claimant.
Sec. 9. Counter-counterclaims
and counter-cross-claims.
Sec. 10. Reply.
A reply is a pleading,
the
office or function of which is to deny, or allege facts in denial or
avoidance
of new matters alleged by way of defense in the answer and thereby join
or make issue as to such new matters. If a party does not file such
reply,
all the new matters alleged in the answer are deemed controverted.
If the plaintiff
wishes to
interpose any claims arising out of the new matters so alleged, such
claims
shall be set forth in an amended or supplemental complaint.
Sec. 11. Third, (fourth, etc.)
party complaint.
A third (fourth, etc.)
party
complaint is a claim that a defending party may, with leave of court,
file
against a person not a party to the action, called the third (fourth,
etc.)
party defendant, for contribution, indemnity, subrogation or any other
relief, in respect of his opponent's claim.
Sec. 12. Bringing new parties.
When the presence of
parties
other than those to the original action is required for the granting of
complete relief in the determination of a counterclaim or cross-claim,
the court shall order them to be brought in as defendants, if
jurisdiction
over them can be obtained.
Sec. 13. Answer to third (fourth,
etc.) party complaint.
A third (fourth,
etc.)
party defendant may allege in his answer his defenses, counterclaims or
cross-claims, including such defenses that the third (fourth, etc.)
party
plaintiff may have against the original plaintiff's claim. In proper
cases,
he may also assert a counterclaim against the original plaintiff in
respect
of the latter's claim against the third-party plaintiff.
RULE
7PARTS OF A
PLEADING
Section 1. Caption.
The caption sets forth
the
name of the court, the title of the action, and the docket number if
assigned.
The title of the
action indicates
the names of the parties. They shall all be named in the original
complaint
or petition; but in subsequent pleadings, it shall be sufficient if the
name of the first party on each side be stated with an appropriate
indication
when there are other parties.
Their respective
participation
in the case shall be indicated.
Sec. 2. The body.
The body of the
pleading
sets forth its designation, the allegations of the party's claims or
defenses,
the relief prayed for, and the date of the pleading.
(a) Paragraphs. -
The allegations
in the body of a pleading shall be divided into paragraphs so numbered
as to be readily identified, each of which shall contain a statement of
a single set of circumstances so far as that can be done with
convenience.
A paragraph may be referred to by its number in all succeeding
pleadings.
(b) Headings. -
When two
or more causes of action are joined, the statement of the first shall
be
prefaced by the words "first cause of action," of the second by "second
cause of action," and so on for the others.
When one or more
paragraphs
in the answer are addressed to one of several causes of action in the
complaint,
they shall be prefaced by the words "answer to the first cause of
action"
or "answer to the second cause of action" and so on; and when one or
more
paragraphs of the answer are addressed to several causes of action,
they
shall be prefaced by words to that effect.
(c) Relief. - The
pleading
shall specify the relief sought, but it may add a general prayer for
such
further or other relief as may be deemed just or equitable.
(d) Date. - Every
pleading
shall be dated.
Sec. 3. Signature and address.
Every pleading must be
signed
by the party or counsel representing him, stating in either case his
address
which should not be a post office box.
The signature of
counsel
constitutes a certificate by him that he has read the pleading; that to
the best of his knowledge, information, and belief there is good ground
to support it; and that it is not interposed for delay.
An unsigned
pleading produces
no legal effect. However, the court may, in its discretion, allow such
deficiency to be remedied if it shall appear that the same was due to
mere
inadvertence and not intended for delay. Counsel who deliberately files
an unsigned pleading, or signs a pleading in violation of this Rule, or
alleges scandalous or indecent matter therein, or fails to promptly
report
to the court a change of his address, shall be subject to appropriate
disciplinary
action.
Sec. 4. Verification.
Except when otherwise
specifically
required by law or rule, pleadings need not be under oath, verified or
accompanied by affidavit.
A pleading is
verified by
an affidavit that the affiant has read the pleading and that the
allegations
therein are true and correct of his knowledge and belief.
A pleading required
to be
verified which contains a verification based on "information and
belief,"
or upon "knowledge, information and belief," or lacks a proper
verification,
shall be treated as an unsigned pleading.
Sec. 5. Certification against
forum shopping.
The plaintiff or
principal
party shall certify under oath in the complaint or other initiatory
pleading
asserting a claim for relief, or in a sworn certification annexed
thereto
and simultaneously filed therewith: (a) that he has not theretofore
commenced
any action or filed any claim involving the same issues in any court,
tribunal
or quasi-judicial agency and, to the best of his knowledge, no such
other
action or claim is pending therein; (b) if there is such other pending
action or claim, a complete statement of the present status thereof;
and
(c) if he should thereafter learn that the same or similar action or
claim
has been filed or is pending, he shall report that fact within five (5)
days therefrom to the court wherein his aforesaid complaint or
initiatory
pleading has been filed.
Failure to comply
with the
foregoing requirements shall not be curable by mere amendment of the
complaint
or other initiatory pleading but shall be cause for the dismissal of
the
case without prejudice, unless otherwise provided, upon motion and
after
hearing. The submission of a false certification or non-compliance with
any of the undertakings therein shall constitute indirect contempt of
court,
without prejudice to the corresponding administrative and criminal
actions.
If the acts of the party or his counsel clearly constitute willful and
deliberate forum shopping, the same shall be ground for summary
dismissal
with prejudice and shall constitute direct contempt, as well as a cause
for administrative sanctions.
RULE
8MANNER OF MAKING
ALLEGATIONS
IN PLEADINGS
Section 1. In general.
Every pleading shall
contain
in a methodical and logical form, a plain, concise and direct statement
of the ultimate facts on which the party pleading relies for his claim
or defense, as the case may be, omitting the statement of mere
evidentiary
facts.
If a defense relied
on is
based on law, the pertinent provisions thereof and their applicability
to him shall be clearly and concisely stated.
Sec. 2. Alternative causes of
action or defenses.
A party may set forth
two
or more statements of a claim or defense alternatively or
hypothetically,
either in one cause of action or defense or in separate causes of
action
or defenses. When two or more statements are made in the alternative
and
one of them if made independently would be sufficient, the pleading is
not made insufficient by the insufficiency of one or more of the
alternative
statements.
Sec. 3. Conditions precedent.
In any pleading a
general
averment of the performance or occurrence of all conditions precedent
shall
be sufficient.
Sec. 4. Capacity.
Facts showing the
capacity
of a party to sue or be sued or the authority of a party to sue or be
sued
in a representative capacity or the legal existence of an organized
association
of persons that is made a party, must be averred. A party desiring to
raise
an issue as to the legal existence of any party or the capacity of any
party to sue or be sued in a representative capacity, shall do so by
specific
denial, which shall include such supporting particulars as are
peculiarly
within the pleader's knowledge.
Sec. 5. Fraud, mistake, condition
of the mind.
In all averments of
fraud
or mistake, the circumstances constituting fraud or mistake must be
stated
with particularity. Malice, intent, knowledge or other condition of the
mind of a person may be averred generally.
Sec. 6. Judgment.
In pleading a judgment
or
decision of a domestic or foreign court, judicial or quasi-judicial
tribunal,
or of a board or officer, it is sufficient to aver the judgment or
decision
without setting forth matter showing jurisdiction to render it.
Sec. 7. Action or defense based
on document.
Whenever an action or
defense
is based upon a written instrument or document, the substance of such
instrument
or document shall be set forth in the pleading, and the original or a
copy
thereof shall be attached to the pleading as an exhibit, which shall be
deemed to be a part of the pleading, or said copy may with like effect
be set forth in the pleading.
Sec. 8. How to contest such
documents.
When an action or
defense
is founded upon a written instrument, copied in or attached to the
corresponding
pleading as provided in the preceding section, the genuineness and due
execution of the instrument shall be deemed admitted unless the adverse
party, under oath, specifically denies them, and sets forth what he
claims
to be the facts; but the requirement of an oath does not apply when the
adverse party does not appear to be a party to the instrument or when
compliance
with an order for an inspection of the original instrument is refused.
Sec. 9. Official document or
act.
In pleading an
official
document or official act, it is sufficient to aver that the document
was
issued or the act done in compliance with law.
Sec. 10. Specific denial.
A defendant must
specify
each material allegation of fact the truth of which he does not admit
and,
whenever practicable, shall set forth the substance of the matters upon
which he relies to support his denial. Where a defendant desires to
deny
only a part of an averment, he shall specify so much of it as is true
and
material and shall deny only the remainder. Where a defendant is
without
knowledge or information sufficient to form a belief as to the truth of
a material averment made in the complaint, he shall so state, and this
shall have the effect of a denial.
Sec. 11. Allegations not specifically
denied deemed admitted.
Material averment in
the
complaint, other than those as to the amount of unliquidated damages,
shall
be deemed admitted when not specifically denied. Allegations of usury
in
a complaint to recover usurious interest are deemed admitted if not
denied
under oath.
Sec. 12. Striking out of pleading
or matter contained therein.
Upon motion made by a
party
before responding 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 the pleading upon him, or upon the court's own
initiative
at any time, the court may order any pleading to be stricken out or
that
any sham or false, redundant, immaterial, impertinent, or scandalous
matter
be stricken out therefrom.
RULE
9EFFECT OF
FAILURE TO
PLEAD
Section 1. Defenses and objections
not pleaded.
Defenses and
objections
not pleaded either in a motion to dismiss or in the answer are deemed
waived.
However, when it appears from the pleadings or the evidence on record
that
the court has no jurisdiction over the subject matter, that there is
another
action pending between the same parties for the same cause, or that the
action is barred by a prior judgment or by statute of limitations, the
court shall dismiss the claim.
Sec. 2. Compulsory counterclaim,
or cross-claim, not set up barred.
A compulsory
counterclaim,
or a cross-claim, not set up shall be barred.
Sec. 3. Default; declaration
of.
If the defending party
fails
to answer within the time allowed therefor, the court shall, upon
motion
of the claiming party with notice to the defending party, and proof of
such failure, declare the defending party in default. Thereupon, the
court
shall proceed to render judgment granting the claimant such relief as
his
pleading may warrant, unless the court in its discretion requires the
claimant
to submit evidence. Such reception of evidence may be delegated to the
clerk of court.
(a) Effect of order
of default.
- A party in default shall be entitled to notice of subsequent
proceedings
but not to take part in the trial.
(b) Relief from
order of
default. - A party declared in default may at any time after notice
thereof
and before judgment file a motion under oath to set aside the order of
default upon proper showing that his failure to answer was due to
fraud,
accident, mistake or excusable negligence and that he has a meritorious
defense. In such case, the order of default may be set aside on such
terms
and conditions as the judge may impose in the interest of justice.
(c) Effect of
partial default.
- When a pleading asserting a claim states a common cause of action
against
several defending parties, some of whom answer and the others fail to
do
so, the court shall try the case against all upon the answers thus
filed
and render judgment upon the evidence presented.
(d) Extent of
relief to be
awarded. - A judgment rendered against a party in default shall not
exceed
the amount or be different in kind from that prayed for nor award
unliquidated
damages.
(e) Where no
defaults allowed.
- If the defending party in an action for annulment or declaration of
nullity
of marriage or for legal separation fails to answer, the court shall
order
the prosecuting attorney to investigate whether or not a collusion
between
the parties exists, and if there is no collusion, to intervene for the
State in order to see to it that the evidence submitted is not
fabricated.
RULE
10AMENDED AND
SUPPLEMENTAL
PLEADINGS
Section 1. Amendments in
general.
Pleadings may be
amended
by adding or striking out an allegation or the name of any party, or by
correcting a mistake in the name of a party or a mistaken or inadequate
allegation or description in any other respect, so that the actual
merits
of the controversy may speedily be determined, without regard to
technicalities,
and in the most expeditious and inexpensive manner.
Sec. 2. Amendments as a matter
of right.
A party may amend his
pleading
once as a matter of right at any time before a responsive pleading is
served
or, in the case of a reply, at any time within ten (l0) days after it
is
served.
Sec. 3. Amendments by leave
of court.
Except as provided in
the
next preceding section, substantial amendments may be made only upon
leave
of court. But such leave may be refused if it appears to the court that
the motion was made with intent to delay. Orders of the court upon the
matters provided in this section shall be made upon motion filed in
court,
and after notice to the adverse party, and an opportunity to be heard.
Sec. 4. Formal amendments.
A defect in the
designation
of the parties and other clearly clerical or typographical errors may
be
summarily corrected by the court at any stage of the action, at its
initiative
or on motion, provided no prejudice is caused thereby to the adverse
party.
Sec. 5. Amendment to
conform
to or authorize presentation of evidence.
When issues not raised
by
the pleadings are tried with the 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 to conform to the evidence and to raise these issues may be made
upon
motion of any party at any time, even after judgment; but failure to
amend
does not affect the result of the trial of these issues. If evidence is
objected to at the trial on the ground that it is not within the issues
made by the pleadings, the court may allow the pleadings to be amended
and shall do so with liberality if the presentation of the merits of
the
action and the ends of substantial justice will be subserved thereby.
The
court may grant a continuance to enable the amendment to be made.
Sec. 6. Supplemental pleadings.
Upon motion of a party
the
court may, upon reasonable notice and upon such terms as are just,
permit
him to serve a supplemental pleading setting forth transactions,
occurrences
or events which have happened since the date of the pleading sought to
be supplemented. The adverse party may plead thereto within ten (10)
days
from notice of the order admitting the supplemental pleading.
Sec. 7. Filing of amended pleadings.
When any pleading is
amended,
a new copy of the entire pleading, incorporating the amendments, which
shall be indicated by appropriate marks, shall be filed.
Sec. 8. Effect of amended pleadings.
An amended pleading
supersedes
the pleading that it amends. However, admissions in superseded
pleadings
may be received in evidence against the pleader; and claims or defenses
alleged therein not incorporated in the amended pleading shall be
deemed
waived.
RULE
11WHEN TO FILE
RESPONSIVE
PLEADINGS
Section 1. Answer to the
complaint.
The defendant shall
file
his answer to the complaint within fifteen (l5) days after service of
summons,
unless a different period is fixed by the court.
Sec. 2. Answer of a defendant
foreign private juridical entity.
Where the defendant is
a
foreign private juridical entity and service of summons is made on the
government official designated by law to receive the same, the answer
shall
be filed within thirty (30) days after receipt of summons by such
entity.
Sec. 3. Answer to amended complaint.
Where the plaintiff
files
an amended complaint as a matter of right, the defendant shall answer
the
same within fifteen (l5) days after being served with a copy thereof.
Where its filing is
not a
matter of right, the defendant shall answer the amended complaint
within
ten (10) days from notice of the order admitting the same. An answer
earlier
filed may serve as the answer to the amended complaint if no new answer
is filed.
This Rule shall
apply to
the answer to an amended counterclaim, amended cross-claim, amended
third
(fourth, etc.) party complaint, and amended complaint-in-intervention.
Sec. 4. Answer to counterclaim
or cross-claim.
A counterclaim or
cross-claim
must be answered within ten (l0) days from service.
Sec. 5. Answer to third (fourth,
etc.)- party complaint.
The time to answer a
third
(fourth, etc.)- party complaint shall be governed by the same rule as
the
answer to the complaint.
Sec. 6. Reply.
A reply may be filed
within
ten (l0) days from service of the pleading responded to.
Sec. 7. Answer to supplemental
complaint.
A supplemental
complaint
may be answered within ten (10) days from notice of the order admitting
the same, unless a different period is fixed by the court. The answer
to
the complaint shall serve as the answer to the supplemental complaint
if
no new or supplemental answer is filed.
Sec. 8. Existing counterclaim
or cross-claim.
A compulsory
counterclaim
or a cross-claim that a defending party has at the time he files his
answer
shall be contained therein.
Sec. 9. Counterclaim or cross-claim
arising after answer.
A counterclaim or a
cross-claim
which either matured or was acquired by a party after serving his
pleading
may, with the permission of the court, be presented as a counterclaim
or
a cross-claim by supplemental pleading before judgment.
Sec. 10. Omitted counterclaim
or cross-claim.
When a pleader fails
to
set up a counterclaim or a cross-claim through oversight, inadvertence,
or excusable neglect, or when justice requires, he may, by leave of
court,
set up the counterclaim or cross-claim by amendment before judgment.
Sec. 11. Extension of time to
plead.
Upon motion and on
such
terms as may be just, the court may extend the time to plead provided
in
these Rules.
The court may also,
upon
like terms, allow an answer or other pleading to be filed after the
time
fixed by these Rules.
RULE
12BILL OF
PARTICULARS
Section 1. When applied for;
purpose.
Before responding to a
pleading,
a party may move for a definite statement or for a bill of particulars
of any matter which is not averred with sufficient definiteness or
particularity
to enable him properly to prepare his responsive pleading. If the
pleading
is a reply, the motion must be filed within ten (10) days from service
thereof. Such motion shall point out the defects complained of, the
paragraphs
wherein they are contained, and the details desired.
Sec. 2. Action by the court.
Upon the filing of the
motion,
the clerk of court must immediately bring it to the attention of the
court
which may either deny or grant it outright, or allow the parties the
opportunity
to be heard.
Sec. 3. Compliance with order.
If the motion is
granted,
either in whole or in part, the compliance therewith must be effected
within
ten (l0) days from notice of the order, unless a different period is
fixed
by the court. The bill of particulars or a more definite statement
ordered
by the court may be filed either in a separate or in an amended
pleading,
serving a copy thereof on the adverse party.
Sec. 4. Effect of non-compliance.
If the order is not
obeyed,
or in case of insufficient compliance therewith, the court may order
the
striking out of the pleading or the portions thereof to which the order
was directed or make such other order as it deems just.
Sec. 5. Stay of period to file
responsive pleading.
After service of the
bill
of particulars or of a more definite pleading, or after notice of
denial
of his motion, the moving party may file his responsive pleading within
the period to which he was entitled at the time of filing his motion,
which
shall not be less than five (5) days in any event.
Sec. 6. Bill a part of pleading.
A bill of particulars
becomes
part of the pleading for which it is intended.
RULE
13FILING AND
SERVICE OF
PLEADINGS,JUDGMENTS AND
OTHER
PAPERS
Section 1. Coverage.
This Rule shall govern
the
filing of all pleadings and other papers, as well as the service
thereof,
except those for which a different mode of service is prescribed.
Sec. 2. Filing and service,
defined.
Filing is the act of
presenting
the pleading or other paper to the clerk of court.
Service is the act
of providing
a party with a copy of the pleading or paper concerned. If any party
has
appeared by counsel, service upon him shall be made upon his counsel or
one of them, unless service upon the party himself is ordered by the
court.
Where one counsel appears for several parties, he shall only be
entitled
to one copy of any paper served upon him by the opposite side.
Sec. 3. Manner of filing.
The filing of
pleadings,
appearances, motions, notices, orders, judgments and all other papers
shall
be made by presenting the original copies thereof, plainly indicated as
such, personally to the clerk of court or by sending them by registered
mail. In the first case, the clerk of court shall endorse on the
pleading
the date and hour of filing. In the second case, the date of the
mailing
of motions, pleadings, or any other papers or payments or deposits, as
shown by the post office stamp on the envelope or the registry receipt,
shall be considered as the date of their filing, payment, or deposit in
court. The envelope shall be attached to the record of the case.
Sec. 4. Papers required to be
filed and served.
Every judgment,
resolution,
order, pleading subsequent to the complaint, written motion, notice,
appearance,
demand, offer of judgment or similar papers shall be filed with the
court,
and served upon the parties affected.
Sec. 5. Modes of service.
Service of pleadings,
motions,
notices, orders, judgments and other papers shall be made either
personally
or by mail.
Sec. 6. Personal service.
Service of the papers
may
be made by delivering personally a copy to the party or his counsel, or
by leaving it in his office with his clerk or with a person having
charge
thereof. If no person is found in his office, or his office is not
known,
or he has no office, then by leaving the copy, between the hours of
eight
in the morning and six in the evening, at the party's or counsel's
residence,
if known, with a person of sufficient age and discretion then residing
therein.
Sec. 7. Service by mail.
Service by registered
mail
shall be made by depositing the copy in the office, in a sealed
envelope,
plainly addressed to the party or his counsel at his office, if known,
otherwise at his residence, if known, with postage fully pre-paid, and
with instructions to the postmaster to return the mail to the sender
after
ten (l0) days if undelivered. If no registry service is available in
the
locality of either the sender or the addressee, service may be done by
ordinary mail.
Sec. 8. Substituted service.
If service of
pleadings,
motions, notices, resolutions, orders and other papers cannot be made
under
the two preceding sections, the office and place of residence of the
party
or his counsel being unknown, service may be made by delivering the
copy
to the clerk of court, with proof of failure of both personal service
and
service by mail. The service is complete at the time of such delivery.
Sec. 9. Service of judgments,
final orders or resolutions.
Judgments, final
orders
or resolutions shall be served either personally or by registered mail.
When a party summoned by publication has failed to appear in the
action,
judgments, final orders or resolutions against him shall be served upon
him also by publication at the expense of the prevailing party.
Sec. 10. Completeness of service.
Personal service is
complete
upon actual delivery. Service by ordinary mail is complete upon the
expiration
of ten (10) days after mailing, unless the court otherwise provides.
Service
by registered mail is complete upon actual receipt by the addressee, or
after five (5) days from the date he received the first notice of the
postmaster,
whichever date is earlier.
Sec. 11. Priorities in modes
of service and filing.
Whenever practicable,
the
service and filing of pleadings and other papers shall be done
personally.
Except with respect to papers emanating from the court, a resort to
other
modes must be accompanied by a written explanation why the service or
filing
was not done personally. A violation of this Rule may be cause to
consider
the paper as not filed.
Sec. 12. Proof of filing.
The filing of a
pleading
or paper shall be proved by its existence in the record of the case. If
it is not in the record, but is claimed to have been filed personally,
the filing shall be proved by the written or stamped acknowledgment of
its filing by the clerk of court on a copy of the same; if filed by
registered
mail, by the registry receipt and by the affidavit of the person who
did
the mailing, containing a full statement of the date and place of
depositing
the mail in the post office in a sealed envelope addressed to the
court,
with postage fully prepaid, and with instructions to the postmaster to
return the mail to the sender after ten (10) days if not delivered.
Sec. 13. Proof of service.
Proof of personal
service
shall consist of a written admission of the party served, or the
official
return of the server, or the affidavit of the party serving, containing
a full statement of the date, place and manner of service. If the
service
is by ordinary mail, proof thereof shall consist of an affidavit of the
person mailing of facts showing compliance with section 7 of this Rule.
If service is made by registered mail, proof shall be made by such
affidavit
and the registry receipt issued by the mailing office. The registry
return
card shall be filed immediately upon its receipt by the sender, or in
lieu
thereof the unclaimed letter together with the certified or sworn copy
of the notice given by the postmaster to the addressee.
Sec. 14. Notice of lis pendens.
In an action affecting
the
title or the right of possession of real property, the plaintiff and
the
defendant, when affirmative relief is claimed in his answer, may record
in the office of the registry of deeds of the province in which the
property
is situated a notice of the pendency of the action. Said notice shall
contain
the names of the parties and the object of the action or defense, and a
description of the property in that province affected thereby. Only
from
the time of filing such notice for record shall a purchaser, or
encumbrancer
of the property affected thereby, be deemed to have constructive notice
of the pendency of the action, and only of its pendency against the
parties
designated by their real names.
The notice of lis
pendens
hereinabove mentioned may be cancelled only upon order of the court,
after
proper showing that the notice is for the purpose of molesting the
adverse
party, or that it is not necessary to protect the rights of the party
who
caused it to be recorded.
RULE
14SUMMONS
Section 1. Clerk to issue
summons.
Upon the filing of the
complaint
and the payment of the requisite legal fees, the clerk of court shall
forthwith
issue the corresponding summons to the defendants.
Sec. 2. Contents.
The summons shall be
directed
to the defendant, signed by the clerk of court under seal, and contain:
(a) the
name of
the court and the names of the parties to the action;
(b) a direction that
the
defendant answer within the time fixed by these Rules;
(c) a notice that
unless
the defendant so answers, plaintiff will take judgment by default and
may
be granted the relief applied for.
A copy of the
complaint and
order for appointment of guardian ad litem, if any, shall be attached
to
the original and each copy of the summons.
Sec. 3. By whom served.
The summons may be
served
by the sheriff, his deputy, or other proper court officer, or for
justifiable
reasons by any suitable person authorized by the court issuing the
summons.
Sec. 4. Return.
When the service has
been
completed, the server shall, within five (5) days therefrom, serve a
copy
of the return, personally or by registered mail, to the plaintiff's
counsel,
and shall return the summons to the clerk who issued it, accompanied by
proof of service.
Sec. 5. Issuance of alias summons.
If a summons is
returned
without being served on any or all of the defendants, the server shall
also serve a copy of the return on the plaintiff's counsel, stating the
reasons for the failure of service, within five (5) days therefrom. In
such a case, or if the summons has been lost, the clerk, on demand of
the
plaintiff, may issue an alias summons.
Sec. 6. Service in person on
defendant.
Whenever practicable,
the
summons shall be served by handing a copy thereof to the defendant in
person,
or, if he refuses to receive and sign for it, by tendering it to him.
Sec. 7. Substituted service.
If, for justifiable
causes,
the defendant cannot be served within a reasonable time as provided in
the preceding section, service may be effected (a) by leaving copies of
the summons at the defendant's residence with some person of suitable
age
and discretion then residing therein, or (b) by leaving the copies at
defendant's
office or regular place of business with some competent person in
charge
thereof.
Sec. 8. Service upon entity
without juridical personality.
When persons
associated
in an entity without juridical personality are sued under the name by
which
they are generally or commonly known, service may be effected upon all
the defendants by serving upon any one of them, or upon the person in
charge
of the office or place of business maintained in such name. But such
service
shall not bind individually any person whose connection with the entity
has, upon due notice, been severed before the action was brought.
Sec. 9. Service upon prisoners.
When the defendant is
a
prisoner confined in a jail or institution, service shall be effected
upon
him by the officer having the management of such jail or institution
who
is deemed deputized as a special sheriff for said purpose.
Sec. 10. Service upon minors
and incompetents.
When the defendant is
a
minor, insane or otherwise an incompetent, service shall be made upon
him
personally and on his legal guardian if he has one, or if none, upon
his
guardian ad litem whose appointment shall be applied for by the
plaintiff.
In the case of a minor, service may also be made on his father or
mother.
Sec. 11. Service upon domestic
private juridical entity.
When the defendant is
a
corporation, partnership or association organized under the laws of the
Philippines with a juridical personality, service may be made on the
president,
managing partner, general manager, corporate secretary, treasurer, or
in-house
counsel.
Sec. 12. Service upon foreign
private juridical entity.
When the defendant is
a
foreign private juridical entity which has transacted business in the
Philippines,
service may be made on its resident agent designated in accordance with
law for that purpose, or, if there be no such agent, on the government
official designated by law to that effect, or on any of its officers or
agents within the Philippines.
Sec. 13. Service upon public
corporations.
When the defendant is
the
Republic of the Philippines, service may be effected on the Solicitor
General;
in case of a province, city or municipality, or like public
corporations,
service may be effected on its executive head, or on such other officer
or officers as the law or the court may direct.
Sec. 14. Service upon defendant
whose identity or whereabouts are unknown.
In any action where
the
defendant is designated as an unknown owner, or the like, or whenever
his
whereabouts are unknown and cannot be ascertained by diligent inquiry,
service may, by leave of court, be effected upon him by publication in
a newspaper of general circulation and in such places and for such time
as the court may order.
Sec. 15. Extraterritorial service.
When the defendant
does
not reside and is not found in the Philippines, and the action affects
the personal status of the plaintiff or relates to, or the subject of
which
is, property within the Philippines, in which the defendant has or
claims
a lien or interest, actual or contingent, or in which the relief
demanded
consists, wholly or in part, in excluding the defendant from any
interest
therein, or the property of the defendant has been attached within the
Philippines, service may, by leave of court, be effected out of the
Philippines
by personal service as under section 6; or by publication in a
newspaper
of general circulation in such places and for such time as the court
may
order, in which case a copy of the summons and order of the court shall
be sent by registered mail to the last known address of the defendant,
or in any other manner the court may deem sufficient. Any order
granting
such leave shall specify a reasonable time, which shall not be less
than
sixty (60) days after notice, within which the defendant must answer.
Sec. 16. Residents
temporarily
out of the Philippines.
When any action is
commenced
against a defendant who ordinarily resides within the Philippines, but
who is temporarily out of it, service may, by leave of court, be also
effected
out of the Philippines, as under the preceding section.
Sec. 17. Leave of court.
Any application to the
court
under this Rule for leave to effect service in any manner for which
leave
of court is necessary shall be made by motion in writing, supported by
affidavit of the plaintiff or some person on his behalf, setting forth
the grounds for the application.
Sec. 18. Proof of
service.
The proof of service
of
a summons shall be made in writing by the server and shall set forth
the
manner, place, and date of service; shall specify any papers which have
been served with the process and the name of the person who received
the
same; and shall be sworn to when made by a person other than a sheriff
or his deputy.
Sec. 19. Proof of
service
by publication.
If the service has
been
made by publication, service may be proved by the affidavit of the
printer,
his foreman or principal clerk, or of the editor, business or
advertising
manager, to which affidavit a copy of the publication shall be
attached,
and by an affidavit showing the deposit of a copy of the summons and
order
for publication in the post office, postage prepaid, directed to the
defendant
by registered mail to his last known address.
Sec. 20. Voluntary
appearance.
The defendant's
voluntary
appearance in the action shall be equivalent to service of summons. The
inclusion in a motion to dismiss of other grounds aside from lack of
jurisdiction
over the person of the defendant shall not be deemed a voluntary
appearance.
RULE
15MOTIONSSection 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
16MOTION TO DISMISSSection 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.
Â
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
17DISMISSAL OF
ACTIONSSection 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
18PRE-TRIALSection 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.
Â
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
19INTERVENTIONSection 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
20CALENDAR OF CASESSection 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
21SUBPOENASection 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
22COMPUTATION OF
TIMESection 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.
RULE
23DEPOSITIONS
PENDING
ACTIONSSection 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.
Â
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
24DEPOSITIONS
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
25INTERROGATORIES
TO PARTIESSection 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
26ADMISSION BY
ADVERSE
PARTYSection 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
27PRODUCTION OR
INSPECTION
OF DOCUMENTS OR THINGSSection 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
28PHYSICAL AND
MENTAL
EXAMINATION OF PERSONSSection 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
29REFUSAL TO
COMPLY WITH
MODES OF DISCOVERYSection 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
30TRIALSection 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
31CONSOLIDATION OR
SEVERANCESection 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
32TRIAL BY
COMMISSIONERSection 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
33DEMURRER TO
EVIDENCESection 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
34JUDGMENT ON THE
PLEADINGSSection 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
35SUMMARY JUDGMENTSSection 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
36JUDGMENTS, FINAL
ORDERS
AND ENTRY THEREOFSection 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
37NEW TRIAL OR
RECONSIDERATIONSection 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.
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
38RELIEF FROM
JUDGMENTS,
ORDERS,OR OTHER
PROCEEDINGSSection 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
39EXECUTION,
SATISFACTION
AND EFFECT OF JUDGMENTSSection 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.
Â
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.
.
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