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]
SPECIAL CIVIL
ACTIONS[Rules 62 to
71]
RULE
62INTERPLEADER
Section 1. When
interpleader
proper.
Whenever
conflicting
claims upon the same subject matter are or may be made against a person
who claims no interest whatever in the subject matter, or an interest
which
in whole or in part is not disputed by the claimants, he may bring an
action
against the conflicting claimants to compel them to interplead and
litigate
their several claims among themselves.
Sec. 2. Order.
Upon the
filing
of the complaint, the court shall issue an order requiring the
conflicting
claimants to interplead with one another. If the interests of justice
so
require, the court may direct in such order that the subject matter be
paid or delivered to the court.
Sec. 3. Summons.
Summons
shall be
served upon the conflicting claimants, together with a copy of the
complaint
and order.
Sec. 4. Motion to
dismiss.
Within the
time
for filing an answer, each claimant may file a motion to dismiss on the
ground of impropriety of the interpleader action or on other
appropriate
grounds specified in Rule 16. The period to file the answer shall be
tolled
and if the motion is denied, the movant may file his answer within the
remaining period, but which shall not be less than five (5) days in any
event, reckoned from notice of denial.
Sec. 5. Answer and other
pleadings.
Each
claimant shall
file his answer setting forth his claim within fifteen (15) days from
service
of the summons upon him, serving a copy thereof upon each of the other
conflicting claimants who may file their reply thereto as provided by
these
Rules. If any claimant fails to plead within the time herein fixed, the
court may, on motion, declare him in default and thereafter render
judgment
barring him from any claim in respect to the subject matter.
The parties in an
interpleader
action may file counterclaims, cross-claims, third-party complaints and
responsive pleadings thereto, as provided by these Rules.
Sec. 6. Determination.
After the
pleadings
of the conflicting claimants have been filed, and pre-trial has been
conducted
in accordance with the Rules, the court shall proceed to determine
their
respective rights and adjudicate their several claims.
Sec. 7. Docket and other
lawful
fees, costs and litigation expenses as liens.
The docket
and other
lawful fees paid by the party who filed a complaint under this Rule, as
well as the costs and litigation expenses, shall constitute a lien or
charge
upon the subject matter of the action, unless the court shall order
otherwise.
RULE
63DECLARATORY
RELIEF AND
SIMILAR REMEDIES
Section 1. Who may file
petition.
Any person
interested
under a deed, will, contract or other written instrument, whose rights
are affected by a statute, executive order or regulation, ordinance, or
any other governmental regulation may, before breach or violation
thereof,
bring an action in the appropriate Regional Trial Court to determine
any
question of construction or validity arising, and for a declaration of
his rights or duties, thereunder.
An action
for the
reformation of an instrument, to quiet title to real property or remove
clouds therefrom, or to consolidate ownership under Article 1607 of the
Civil Code, may be brought under this Rule.
Sec. 2. Parties.
All persons
who
have or claim any interest which would be affected by the declaration
shall
be made parties; and no declaration shall, except as otherwise provided
in these Rules, prejudice the rights of persons not parties to the
action.
Sec. 3. Notice on
Solicitor
General.
In any
action which
involves the validity of a statute, executive order or regulation, or
any
other governmental regulation, the Solicitor General shall be notified
by the party assailing the same and shall be entitled to be heard upon
such question.
Sec. 4. Local government
ordinances.
In any
action involving
the validity of a local government ordinance, the corresponding
prosecutor
or attorney of the local governmental unit involved shall be similarly
notified and entitled to be heard. If such ordinance is alleged to be
unconstitutional,
the Solicitor General shall also be notified and entitled to be heard.
Sec. 5. Court action
discretionary.
Except in
actions
falling under the second paragraph of section 1 of this Rule, the
court,
motu proprio or upon motion, may refuse to exercise the power to
declare
rights and to construe instruments in any case where a decision would
not
terminate the uncertainty or controversy which gave rise to the action,
or in any case where the declaration or construction is not necessary
and
proper under the circumstances.
Sec. 6. Conversion into
ordinary
action.
If before
the final
termination of the case, a breach or violation of an instrument or a
statute,
executive order or regulation, ordinance, or any other governmental
regulation
should take place, the action may thereupon be converted into an
ordinary
action, and the parties shall be allowed to file such pleadings as may
be necessary or proper.
RULE
64REVIEW OF
JUDGMENTS
AND FINAL ORDERSOR RESOLUTIONS
OF THE
COMMISSION ON ELECTIONSAND THE
COMMISSION ON
AUDIT
Section 1. Scope.
This Rule
shall
govern the review of judgments and final orders or resolutions of the
Commission
on Elections and the Commission on Audit.
Sec. 2. Mode of review.
A judgment
or final
order or resolution of the Commission on Elections and the Commission
on
Audit may be brought by the aggrieved party to the Supreme Court on
certiorari
under Rule 65, except as hereinafter provided.
Sec. 3. Time to file
petition.
The petition
shall
be filed within thirty (30) days from notice of the judgment or final
order
or resolution sought to be reviewed. The filing of a motion for new
trial
or reconsideration of said judgment or final order or resolution, if
allowed
under the procedural rules of the Commission concerned, shall interrupt
the period herein fixed. If the motion is denied, the aggrieved party
may
file the petition within the remaining period, but which shall not be
less
than five (5) days in any event, reckoned from notice of denial.
Sec. 4. Docket and other
lawful
fees.
Upon the
filing
of the petition, the petitioner shall pay to the clerk of court the
docket
and other lawful fees and deposit the amount of P500.00 for costs.
Sec. 5. Form and
contents of
petition.
The petition
shall
be verified and filed in eighteen (18) legible copies. The petition
shall
name the aggrieved party as petitioner and shall join as respondents
the
Commission concerned and the person or persons interested in sustaining
the judgment, final order or resolution a quo. The petition shall state
the facts with certainty, present clearly the issues involved, set
forth
the grounds and brief arguments relied upon for review, and pray for
judgment
annulling or modifying the questioned judgment, final order or
resolution.
Findings of fact of the Commission supported by substantial evidence
shall
be final and non-reviewable.
The petition shall
be accompanied
by a clearly legible duplicate original or certified true copy of the
judgment,
final order or resolution subject thereof, together with certified true
copies of such material portions of the record as are referred to
therein
and other documents relevant and pertinent thereto. The requisite
number
of copies of the petition shall contain plain copies of all documents
attached
to the original copy of said petition.
The petition shall
state
the specific material dates showing that it was filed within the period
fixed herein, and shall contain a sworn certification against forum
shopping
as provided in the third paragraph of section 3, Rule 46.
The petition shall
further
be accompanied by proof of service of a copy thereof on the Commission
concerned and on the adverse party, and of the timely payment of docket
and other lawful fees.
The failure of
petitioner
to comply with any of the foregoing requirements shall be sufficient
ground
for the dismissal of the petition.
Sec. 6. Order to comment.
If the
Supreme Court
finds the petition sufficient in form and substance, it shall order the
respondents to file their comments on the petition within ten (10) days
from notice thereof; otherwise, the Court may dismiss the petition
outright.
The Court may also dismiss the petition if it was filed manifestly for
delay, or the questions raised are too unsubstantial to warrant further
proceedings.
Sec. 7. Comments of
respondents.
The comments
of
the respondents shall be filed in eighteen (18) legible copies. The
original
shall be accompanied by certified true copies of such material portions
of the record as are referred to therein together with other supporting
papers. The requisite number of copies of the comments shall contain
plain
copies of all documents attached to the original and a copy thereof
shall
be served on the petitioner.
No other pleading
may be
filed by any party unless required or allowed by the Court.
Sec. 8. Effect of filing.
The filing
of a
petition for certiorari shall not stay the execution of the judgment or
final order or resolution sought to be reviewed, unless the Supreme
Court
shall direct otherwise upon such terms as it may deem just.
Sec. 9. Submission for
decision.
Unless the
Court
sets the case for oral argument, or requires the parties to submit
memoranda,
the case shall be deemed submitted for decision upon the filing of the
comments on the petition, or of such other pleadings or papers as may
be
required or allowed, or the expiration of the period to do so.
RULE
65CERTIORARI,
PROHIBITION
AND MANDAMUS
Section 1. Petition for
certiorari.
When any
tribunal,
board or officer exercising judicial or quasi-judicial functions has
acted
without or in excess of its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction, and there is no
appeal, or any plain, speedy, and adequate remedy in the ordinary
course
of law, a person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying that
judgment
be rendered annulling or modifying the proceedings of such tribunal,
board
or officer, and granting such incidental reliefs as law and justice may
require.
The petition
shall
be accompanied by a certified true copy of the judgment, order or
resolution
subject thereof, copies of all pleadings and documents relevant and
pertinent
thereto, and a sworn certification of non-forum shopping as provided in
the third paragraph of section 3, Rule 46.
Sec. 2. Petition for
prohibition.
When the
proceedings
of any tribunal, corporation, board, officer or person, whether
exercising
judicial, quasi-judicial or ministerial functions, are without or in
excess
of its or his jurisdiction, or with grave abuse of discretion amounting
to lack or excess of jurisdiction, and there is no appeal or any other
plain, speedy, and adequate remedy in the ordinary course of law, a
person
aggrieved thereby may file a verified petition in the proper court,
alleging
the facts with certainty and praying that judgment be rendered
commanding
the respondent to desist from further proceedings in the action or
matter
specified therein, or otherwise granting such incidental reliefs as law
and justice may require.
The petition shall
likewise
be accompanied by a certified true copy of the judgment, order or
resolution
subject thereof, copies of all pleadings and documents relevant and
pertinent
thereto, and a sworn certification of non-forum shopping as provided in
the third paragraph of section 3, Rule 46.
Sec. 3. Petition for
mandamus.
When any
tribunal,
corporation, board, officer or person unlawfully neglects the
performance
of an act which the law specifically enjoins as a duty resulting from
an
office, trust, or station, or unlawfully excludes another from the use
and enjoyment of a right or office to which such other is entitled, and
there is no other plain, speedy and adequate remedy in the ordinary
course
of law, the person aggrieved thereby may file a verified petition in
the
proper court, alleging the facts with certainty and praying that
judgment
be rendered commanding the respondent, immediately or at some other
time
to be specified by the court, to do the act required to be done to
protect
the rights of the petitioner, and to pay the damages sustained by the
petitioner
by reason of the wrongful acts of the respondent.
The petition
shall
also contain a sworn certification of non-forum shopping as provided in
the third paragraph of section 3, Rule 46.
Sec. 4. Where petition
filed.
The petition
may
be filed not later than sixty (60) days from notice of the judgment,
order
or resolution sought to be assailed in the Supreme Court or, if it
relates
to the acts or omissions of a lower court or of a corporation, board,
officer
or person, in the Regional Trial Court exercising jurisdiction over the
territorial area as defined by the Supreme Court. It may also be filed
in the Court of Appeals whether or not the same is in aid of its
appellate
jurisdiction, or in the Sandiganbayan if it is in aid of its
jurisdiction.
If it involves the acts or omissions of a quasi-judicial agency, and
unless
otherwise provided by law or these Rules, the petition shall be filed
in
and cognizable only by the Court of Appeals.
Sec. 5. Respondents and
costs
in certain cases.
When the
petition
filed relates to the acts or omissions of a judge, court,
quasi-judicial
agency, tribunal, corporation, board, officer or person, the petitioner
shall join, as private respondent or respondents with such public
respondent
or respondents, the person or persons interested in sustaining the
proceedings
in the court; and it shall be the duty of such private respondents to
appear
and defend, both in his or their own behalf and in behalf of the public
respondent or respondents affected by the proceedings, and the costs
awarded
in such proceedings in favor of the petitioner shall be against the
private
respondents only, and not against the judge, court, quasi-judicial
agency,
tribunal, corporation, board, officer or person impleaded as public
respondent
or respondents.
Unless
otherwise
specifically directed by the court where the petition is pending, the
public
respondents shall not appear in or file an answer or comment to the
petition
or any pleading therein. If the case is elevated to a higher court by
either
party, the public respondents shall be included therein as nominal
parties.
However, unless otherwise specifically directed by the court, they
shall
not appear or participate in the proceedings therein.
Sec. 6. Order to comment.
If the
petition
is sufficient in form and substance to justify such process, the court
shall issue an order requiring the respondent or respondents to comment
on the petition within ten (10) days from receipt of a copy thereof.
Such
order shall be served on the respondents in such manner as the court
may
direct, together with a copy of the petition and any annexes thereto.
In petitions for
certiorari
before the Supreme Court and the Court of Appeals, the provisions of
section
2, Rule 56, shall be observed. Before giving due course thereto, the
court
may require the respondents to file their comment to, and not a motion
to dismiss, the petition. Thereafter, the court may require the filing
of a reply and such other responsive or other pleadings as it may deem
necessary and proper.
Sec. 7. Expediting
proceedings;
injunctive relief.
The court in
which
the petition is filed may issue orders expediting the proceedings, and
it may also grant a temporary restraining order or a writ of
preliminary
injunction for the preservation of the rights of the parties pending
such
proceedings. The petition shall not interrupt the course of the
principal
case unless a temporary restraining order or a writ of preliminary
injunction
has been issued against the public respondent from further proceeding
in
the case.
Sec. 8. Proceedings
after comment
is filed.
After the
comment
or other pleadings required by the court are filed, or the time for the
filing thereof has expired, the court may hear the case or require the
parties to submit memoranda. If after such hearing or submission of
memoranda
or the expiration of the period for the filing thereof the court finds
that the allegations of the petition are true, it shall render judgment
for the relief prayed for or to which the petitioner is entitled.
The court, however,
may dismiss
the petition if it finds the same to be patently without merit,
prosecuted
manifestly for delay, or that the questions raised therein are too
unsubstantial
to require consideration.
Sec. 9. Service and
enforcement
of order or judgment.
A certified
copy
of the judgment rendered in accordance with the last preceding section
shall be served upon the court, quasi-judicial agency, tribunal,
corporation,
board, officer or person concerned in such manner as the court may
direct,
and disobedience thereto shall be punished as contempt. An execution
may
issue for any damages or costs awarded in accordance with section 1 of
Rule 39.
RULE
66QUO WARRANTO
Section 1. Action by Government
against individuals.
An action
for the
usurpation of a public office, position or franchise may be commenced
by
a verified petition brought in the name of the Republic of the
Philippines
against:
(a) A
person who
usurps, intrudes into, or unlawfully holds or exercises a public
office,
position or franchise;
(b) A public
officer who
does or suffers an act which, by the provision of law, constitutes a
ground
for the forfeiture of his office; or
(c) An
association which
acts as a corporation within the Philippines without being legally
incorporated
or without lawful authority so to act.
Sec. 2. When Solicitor
General
or public prosecutor must commence action.
The
Solicitor General
or a public prosecutor, when directed by the President of the
Philippines,
or when upon complaint or otherwise he has good reason to believe that
any case specified in the preceding section can be established by
proof,
must commence such action.
Sec. 3. When Solicitor
General
or public prosecutor may commence action with permission of court.
The
Solicitor General
or a public prosecutor may, with the permission of the court in which
the
action is to be commenced, bring such an action at the request and upon
the relation of another person; but in such case the officer bringing
it
may first require an indemnity for the expenses and costs of the action
in an amount approved by and to be deposited in the court by the person
at whose request and upon whose relation the same is brought.
Sec. 4. When hearing had
on
application for permission to commence action.
Upon
application
for permission to commence such action in accordance with the next
preceding
section, the court shall direct that notice be given to the respondent
so that he may be heard in opposition thereto; and if permission is
granted,
the court shall issue an order to that effect, copies of which shall be
served on all interested parties, and the petition shall then be filed
within the period ordered by the court.
Sec. 5. When an
individual may
commence such an action.
A person
claiming
to be entitled to a public office or position usurped or unlawfully
held
or exercised by another may bring an action therefor in his own name.
Sec. 6. Parties and
contents
of petition against usurpation.
When the
action
is against a person for usurping a public office, position or
franchise,
the petition shall set forth the name of the person who claims to be
entitled
thereto, if any, with an averment of his right to the same and that the
respondent is unlawfully in possession thereof. All persons who claim
to
be entitled to the public office, position or franchise may be made
parties,
and their respective rights to such public office, position or
franchise
determined, in the same action.
Sec. 7. Venue.
An action
under
the preceding six sections can be brought only in the Supreme Court,
the
Court of Appeals, or in the Regional Trial Court exercising
jurisdiction
over the territorial area where the respondent or any of the
respondents
resides, but when the Solicitor General commences the action, it may be
brought in a Regional Trial Court in the City of Manila, in the Court
of
Appeals, or in the Supreme Court.
Sec. 8. Period for
pleadings
and proceedings may be reduced; action given precedence.
The court
may reduce
the period provided by these Rules for filing pleadings and for all
other
proceedings in the action in order to secure the most expeditious
determination
of the matters involved therein consistent with the rights of the
parties.
Such action may be given precedence over any other civil matter pending
in the court.
Sec. 9. Judgment where
usurpation
found.
When the
respondent
is found guilty of usurping, intruding into, or unlawfully holding or
exercising
a public office, position or franchise, judgment shall be rendered that
such respondent be ousted and altogether excluded therefrom, and that
the
petitioner or relator, as the case may be, recover his costs. Such
further
judgment may be rendered determining the respective rights in and to
the
public office, position or franchise of all the parties to the action
as
justice requires.
Sec. 10. Rights of
persons adjudged
entitled to public office; delivery of books and papers; damages.
If judgment
be rendered
in favor of the person averred in the complaint to be entitled to the
public
office he may, after taking the oath of office and executing any
official
bond required by law, take upon himself the execution of the office,
and
may immediately thereafter demand of the respondent all the books and
papers
in the respondent’s custody or control appertaining to the office to
which
the judgment relates. If the respondent refuses or neglects to deliver
any book or paper pursuant to such demand, he may be punished for
contempt
as having disobeyed a lawful order of the court. The person adjudged
entitled
to the office may also bring action against the respondent to recover
the
damages sustained by such person by reason of the usurpation.
Sec. 11. Limitations.
Nothing
contained
in this Rule shall be construed to authorize an action against a public
officer or employee for his ouster from office unless the same be
commenced
within one (1) year after the cause of such ouster, or the right of the
petitioner to hold such office or position, arose; nor to authorize an
action for damages in accordance with the provisions of the next
preceding
section unless the same be commenced within one (1) year after the
entry
of the judgment establishing the petitioner’s right to the office in
question.
Sec. 12. Judgment for
costs.
In an action
brought
in accordance with the provisions of this Rule, the court may render
judgment
for costs against either the petitioner, the relator, or the
respondent,
or the person or persons claiming to be a corporation, or may apportion
the costs, as justice requires.
RULE
67EXPROPRIATION
Section 1. The complaint.
The right of
eminent
domain shall be exercised by the filing of a verified complaint which
shall
state with certainty the right and purpose of expropriation, describe
the
real or personal property sought to be expropriated, and join as
defendants
all persons owning or claiming to own, or occupying, any part thereof
or
interest therein, showing, so far as practicable, the separate interest
of each defendant. If the title to any property sought to be
expropriated
appears to be in the Republic of the Philippines, although occupied by
private individuals, or if the title is otherwise obscure or doubtful
so
that the plaintiff cannot with accuracy or certainty specify who are
the
real owners, averment to that effect shall be made in the complaint.
Sec. 2. Entry of
plaintiff upon
depositing value with authorized government depositary.
Upon the
filing
of the complaint or at any time thereafter and after due notice to the
defendant, the plaintiff shall have the right to take or enter upon the
possession of the real property involved if he deposits with the
authorized
government depositary an amount equivalent to the assessed value of the
property for purposes of taxation to be held by such bank subject to
the
orders of the court. Such deposit shall be in money, unless in lieu
thereof
the court authorizes the deposit of a certificate of deposit of a
government
bank of the Republic of the Philippines payable on demand to the
authorized
government depositary.
If personal
property is involved,
its value shall be provisionally ascertained and the amount to be
deposited
shall be promptly fixed by the court.
After such deposit
is made
the court shall order the sheriff or other proper officer to forthwith
place the plaintiff in possession of the property involved and promptly
submit a report thereof to the court with service of copies to the
parties.
Sec. 3. Defenses and
objections.
If a
defendant has
no objection or defense to the action or the taking of his property, he
may file and serve a notice of appearance and a manifestation to that
effect,
specifically designating or identifying the property in which he claims
to be interested, within the time stated in the summons. Thereafter, he
shall be entitled to notice of all proceedings affecting the same.
If a defendant has
any objection
to the filing of or the allegations in the complaint, or any objection
or defense to the taking of his property, he shall serve his answer
within
the time stated in the summons. The answer shall specifically designate
or identify the property in which he claims to have an interest, state
the nature and extent of the interest claimed, and adduce all his
objections
and defenses to the taking of his property. No counterclaim,
cross-claim
or third-party complaint shall be alleged or allowed in the answer or
any
subsequent pleading.
A defendant waives
all defenses
and objections not so alleged but the court, in the interest of
justice,
may permit amendments to the answer to be made not later than ten (10)
days from the filing thereof. However, at the trial of the issue of
just
compensation, whether or not a defendant has previously appeared or
answered,
he may present evidence as to the amount of the compensation to be paid
for his property, and he may share in the distribution of the award.
Sec. 4. Order of
expropriation.
If the
objections
to and the defenses against the right of the plaintiff to expropriate
the
property are overruled, or when no party appears to defend as required
by this Rule, the court may issue an order of expropriation declaring
that
the plaintiff has a lawful right to take the property sought to be
expropriated,
for the public use or purpose described in the complaint, upon the
payment
of just compensation to be determined as of the date of the taking of
the
property or the filing of the complaint, whichever came first.
A final order
sustaining
the right to expropriate the property may be appealed by any party
aggrieved
thereby. Such appeal, however, shall not prevent the court from
determining
the just compensation to be paid.
After the rendition
of such
an order, the plaintiff shall not be permitted to dismiss or
discontinue
the proceeding except on such terms as the court deems just and
equitable.
Sec. 5. Ascertainment of
compensation.
Upon the
rendition
of the order of expropriation, the court shall appoint not more than
three
(3) competent and disinterested persons as commissioners to ascertain
and
report to the court the just compensation for the property sought to be
taken. The order of appointment shall designate the time and place of
the
first session of the hearing to be held by the commissioners and
specify
the time within which their report shall be submitted to the court.
Copies of the order
shall
be served on the parties. Objections to the appointment of any of the
commissioners
shall be filed with the court within ten (10) days from service, and
shall
be resolved within thirty (30) days after all the commissioners shall
have
received copies of the objections.
Sec. 6. Proceedings by
commissioners.
Before
entering
upon the performance of their duties, the commissioners shall take and
subscribe an oath that they will faithfully perform their duties as
commissioners,
which oath shall be filed in court with the other proceedings in the
case.
Evidence may be introduced by either party before the commissioners who
are authorized to administer oaths on hearings before them, and the
commissioners
shall, unless the parties consent to the contrary, after due notice to
the parties to attend, view and examine the property sought to be
expropriated
and its surroundings, and may measure the same, after which either
party
may, by himself or counsel, argue the case. The commissioners shall
assess
the consequential damages to the property not taken and deduct from
such
consequential damages the consequential benefits to be derived by the
owner
from the public use or purpose of the property taken, the operation of
its franchise by the corporation or the carrying on of the business of
the corporation or person taking the property. But in no case shall the
consequential benefits assessed exceed the consequential damages
assessed,
or the owner be deprived of the actual value of his property so taken.
Sec. 7. Report by
commissioners
and judgment thereupon.
The court
may order
the commissioners to report when any particular portion of the real
estate
shall have been passed upon by them, and may render judgment upon such
partial report, and direct the commissioners to proceed with their work
as to subsequent portions of the property sought to be expropriated,
and
may from time to time so deal with such property. The commissioners
shall
make a full and accurate report to the court of all their proceedings,
and such proceedings shall not be effectual until the court shall have
accepted their report and rendered judgment in accordance with their
recommendations.
Except as otherwise expressly ordered by the court, such report shall
be
filed within sixty (60) days from the date the commissioners were
notified
of their appointment, which time may be extended in the discretion of
the
court. Upon the filing of such report, the clerk of the court shall
serve
copies thereof on all interested parties, with notice that they are
allowed
ten (10) days within which to file objections to the findings of the
report,
if they so desire.
Sec. 8. Action upon
commissioners’
report.
Upon the
expiration
of the period of ten (10) days referred to in the preceding section, or
even before the expiration of such period but after all the interested
parties have filed their objections to the report or their statement of
agreement therewith, the court may, after hearing, accept the report
and
render judgment in accordance therewith; or, for cause shown, it may
recommit
the same to the commissioners for further report of facts; or it may
set
aside the report and appoint new commissioners; or it may accept the
report
in part and reject it in part; and it may make such order or render
such
judgment as shall secure to the plaintiff the property essential to the
exercise of his right of expropriation, and to the defendant just
compensation
for the property so taken.
Sec. 9. Uncertain
ownership;
conflicting claims.
If the
ownership
of the property taken is uncertain, or there are conflicting claims to
any part thereof, the court may order any sum or sums awarded as
compensation
for the property to be paid to the court for the benefit of the person
adjudged in the same proceeding to be entitled thereto. But the
judgment
shall require the payment of the sum or sums awarded to either the
defendant
or the court before the plaintiff can enter upon the property, or
retain
it for the public use or purpose if entry has already been made.
Sec. 10. Rights of
plaintiff
after judgment and payment.
Upon payment
by
the plaintiff to the defendant of the compensation fixed by the
judgment,
with legal interest thereon from the taking of the possession of the
property,
or after tender to him of the amount so fixed and payment of the costs,
the plaintiff shall have the right to enter upon the property
expropriated
and to appropriate it for the public use or purpose defined in the
judgment,
or to retain it should he have taken immediate possession thereof under
the provisions of section 2 hereof. If the defendant and his counsel
absent
themselves from the court, or decline to receive the amount tendered,
the
same shall be ordered to be deposited in court and such deposit shall
have
the same effect as actual payment thereof to the defendant or the
person
ultimately adjudged entitled thereto.
Sec. 11. Entry not
delayed by
appeal; effect of reversal.
The right of
the
plaintiff to enter upon the property of the defendant and appropriate
the
same for public use or purpose shall not be delayed by an appeal from
the
judgment. But if the appellate court determines that plaintiff has no
right
of expropriation, judgment shall be rendered ordering the Regional
Trial
Court to forthwith enforce the restoration to the defendant of the
possession
of the property, and to determine the damages which the defendant
sustained
and may recover by reason of the possession taken by the plaintiff.
Sec. 12. Costs, by whom
paid.
The fees of
the
commissioners shall be taxed as a part of the costs of the proceedings.
All costs, except those of rival claimants litigating their claims,
shall
be paid by the plaintiff, unless an appeal is taken by the owner of the
property and the judgment is affirmed, in which event the costs of the
appeal shall be paid by the owner.
Sec. 13. Recording
judgment,
and its effect.
The judgment
entered
in expropriation proceedings shall state definitely, by an adequate
description,
the particular property or interest therein expropriated, and the
nature
of the public use or purpose for which it is expropriated. When real
estate
is expropriated, a certified copy of such judgment shall be recorded in
the registry of deeds of the place in which the property is situated,
and
its effect shall be to vest in the plaintiff the title to the real
estate
so described for such public use or purpose.
Sec. 14. Power of
guardian in
such proceedings.
The guardian
or
guardian ad litem of a minor or of a person judicially declared to be
incompetent
may, with the approval of the court first had, do and perform on behalf
of his ward any act, matter, or thing respecting the expropriation for
public use or purpose of property belonging to such minor or person
judicially
declared to be incompetent, which such minor or person judicially
declared
to be incompetent could do in such proceedings if he were of age or
competent.
RULE
68FORECLOSURE OF
REAL
ESTATE MORTGAGE
Section 1. Complaint in action
for foreclosure.
In an action
for
the foreclosure of a mortgage or other encumbrance upon real estate,
the
complaint shall set forth the date and due execution of the mortgage;
its
assignments, if any; the names and residences of the mortgagor and the
mortgagee; a description of the mortgaged property; a statement of the
date of the note or other documentary evidence of the obligation
secured
by the mortgage, the amount claimed to be unpaid thereon; and the names
and residences of all persons having or claiming an interest in the
property
subordinate in right to that of the holder of the mortgage, all of whom
shall be made defendants in the action.
Sec. 2. Judgment on
foreclosure
for payment or sale.
If upon the
trial
in such action the court shall find the facts set forth in the
complaint
to be true, it shall ascertain the amount due to the plaintiff upon the
mortgage debt or obligation, including interest and other charges as
approved
by the court, and costs, and shall render judgment for the sum so found
due and order that the same be paid to the court or to the judgment
obligee
within a period of not less than ninety (90) days nor more than one
hundred
twenty (120) days from the entry of judgment, and that in default of
such
payment the property shall be sold at public auction to satisfy the
judgment.
Sec. 3. Sale of
mortgaged property;
effect.
When the
defendant,
after being directed to do so as provided in the next preceding
section,
fails to pay the amount of the judgment within the period specified
therein,
the court, upon motion, shall order the property to be sold in the
manner
and under the provisions of Rule 39 and other regulations governing
sales
of real estate under execution. Such sale shall not affect the rights
of
persons holding prior encumbrances upon the property or a part thereof,
and when confirmed by an order of the court, also upon motion, it shall
operate to divest the rights in the property of all the parties to the
action and to vest their rights in the purchaser, subject to such
rights
of redemption as may be allowed by law.
Upon the finality
of the
order of confirmation or upon the expiration of the period of
redemption
when allowed by law, the purchaser at the auction sale or last
redemptioner,
if any, shall be entitled to the possession of the property unless a
third
party is actually holding the same adversely to the judgment obligor.
The
said purchaser or last redemptioner may secure a writ of possession,
upon
motion, from the court which ordered the foreclosure.
Sec. 4. Disposition of
proceeds
of sale.
The amount
realized
from the foreclosure sale of the mortgaged property shall, after
deducting
the costs of the sale, be paid to the person foreclosing the mortgage,
and when there shall be any balance or residue, after paying off the
mortgage
debt due, the same shall be paid to junior encumbrancers in the order
of
their priority, to be ascertained by the court, or if there be no such
encumbrancers or there be a balance or residue after payment to them,
then
to the mortgagor or his duly authorized agent, or to the person
entitled
to it.
Sec. 5. How sale to
proceed
in case the debt is not all due.
If the debt
for
which the mortgage or encumbrance was held is not all due as provided
in
the judgment, as soon as a sufficient portion of the property has been
sold to pay the total amount and the costs due, the sale shall
terminate;
and afterwards, as often as more becomes due for principal or interest
and other valid charges, the court may, on motion, order more to be
sold.
But if the property cannot be sold in portions without prejudice to the
parties, the whole shall be ordered to be sold in the first instance,
and
the entire debt and costs shall be paid, if the proceeds of the sale be
sufficient therefor, there being a rebate of interest where such rebate
is proper.
Sec. 6. Deficiency
judgment.
If upon the
sale
of any real property as provided in the next preceding section there be
a balance due to the plaintiff after applying the proceeds of the sale,
the court, upon motion, shall render judgment against the defendant for
any such balance for which, by the record of the case, he may be
personally
liable to the plaintiff, upon which execution may issue immediately if
the balance is all due at the time of the rendition of the judgment;
otherwise,
the plaintiff shall be entitled to execution at such time as the
balance
remaining becomes due under the terms of the original contract, which
time
shall be stated in the judgment.
Sec. 7. Registration.
A certified
copy
of the final order of the court confirming the sale shall be registered
in the registry of deeds. If no right of redemption exists, the
certificate
of title in the name of the mortgagor shall be cancelled, and a new one
issued in the name of the purchaser.
Where a
right of
redemption exists, the certificate of title in the name of the
mortgagor
shall not be cancelled, but the certificate of sale and the order
confirming
the sale shall be registered and a brief memorandum thereof made by the
registrar of deeds upon the certificate of title. In the event the
property
is redeemed, the deed of redemption shall be registered with the
registry
of deeds, and a brief memorandum thereof shall be made by the registrar
of deeds on said certificate of title.
If the property is
not redeemed,
the final deed of sale executed by the sheriff in favor of the
purchaser
at the foreclosure sale shall be registered with the registry of deeds;
whereupon the certificate of title in the name of the mortgagor shall
be
cancelled and a new one issued in the name of the purchaser.
Sec. 8. Applicability of
other
provisions.
The
provisions of
sections 31, 32 and 34 of Rule 39 shall be applicable to the judicial
foreclosure
of real estate mortgages under this Rule insofar as the former are not
inconsistent with or may serve to supplement the provisions of the
latter.
RULE
69PARTITION
Section 1. Complaint in action
for partition of real estate.
A person
having
the right to compel the partition of real estate may do so as provided
in this Rule, setting forth in his complaint the nature and extent of
his
title and an adequate description of the real estate of which partition
is demanded and joining as defendants all other persons interested in
the
property.
Sec. 2. Order for
partition,
and partition by agreement thereunder.
If after the
trial
the court finds that the plaintiff has the right thereto, it shall
order
the partition of the real estate among all the parties in interest.
Thereupon
the parties may, if they are able to agree, make the partition among
themselves
by proper instruments of conveyance, and the court shall confirm the
partition
so agreed upon by all the parties, and such partition, together with
the
order of the court confirming the same, shall be recorded in the
registry
of deeds of the place in which the property is situated.
A final order
decreeing partition
and accounting may be appealed by any party aggrieved thereby.
Sec. 3. Commissioners to
make
partition when parties fail to agree.
If the
parties are
unable to agree upon the partition, the court shall appoint not more
than
three (3) competent and disinterested persons as commissioners to make
the partition, commanding them to set off to the plaintiff and to each
party in interest such part and proportion of the property as the court
shall direct.
Sec. 4. Oath and duties
of commissioners.
Before
making such
partition, the commissioners shall take and subscribe an oath that they
will faithfully perform their duties as commissioners, which oath shall
be filed in court with the other proceedings in the case. In making the
partition, the commissioners shall view and examine the real estate,
after
due notice to the parties to attend at such view and examination, and
shall
hear the parties as to their preference in the portion of the property
to be set apart to them and the comparative value thereof, and shall
set
apart the same to the parties in lots or parcels as will be most
advantageous
and equitable, having due regard to the improvements, situation and
quality
of the different parts thereof.
Sec. 5. Assignment or
sale of
real estate by commissioners.
When it is
made
to appear to the commissioners that the real estate, or a portion
thereof,
cannot be divided without prejudice to the interests of the parties,
the
court may order it assigned to one of the parties willing to take the
same,
provided he pays to the other parties such amounts as the commissioners
deem equitable, unless one of the interested parties asks that the
property
be sold instead of being so assigned, in which case the court shall
order
the commissioners to sell the real estate at public sale under such
conditions
and within such time as the court may determine.
Sec. 6. Report of
commissioners;
proceedings not binding until confirmed.
The
commissioners
shall make a full and accurate report to the court of all their
proceedings
as to the partition, or the assignment of real estate to one of the
parties,
or the sale of the same. Upon the filing of such report, the clerk of
court
shall serve copies thereof on all the interested parties with notice
that
they are allowed ten (10) days within which to file objections to the
findings
of the report, if they so desire. No proceeding had before or conducted
by the commissioners shall pass the title to the property or bind the
parties
until the court shall have accepted the report of the commissioners and
rendered judgment thereon.
Sec. 7. Action of the
court
upon commissioners’ report.
Upon the
expiration
of the period of ten (10) days referred to in the preceding section, or
even before the expiration of such period but after the interested
parties
have filed their objections to the report or their statement of
agreement
therewith, the court may, upon hearing, accept the report and render
judgment
in accordance therewith; or, for cause shown, recommit the same to the
commissioners for further report of facts; or set aside the report and
appoint new commissioners; or accept the report in part and reject it
in
part; and may make such order and render such judgment as shall
effectuate
a fair and just partition of the real estate, or of its value, if
assigned
or sold as above provided, between the several owners thereof.
Sec. 8. Accounting for
rent
and profits in action for partition.
In an action
for
partition in accordance with this Rule, a party shall recover from
another
his just share of rents and profits received by such other party from
the
real estate in question, and the judgment shall include an allowance
for
such rents and profits.
Sec. 9. Power of
guardian in
such proceedings.
The guardian
or
guardian ad litem of a minor or person judicially declared to be
incompetent
may, with the approval of the court first had, do and perform on behalf
of his ward any act, matter, or thing respecting the partition of real
estate, which the minor or person judicially declared to be incompetent
could do in partition proceedings if he were of age or competent.
Sec. 10. Costs and
expenses
to be taxed and collected.
The court
shall
equitably tax and apportion between or among the parties the costs and
expenses which accrue in the action, including the compensation of the
commissioners, having regard to the interests of the parties, and
execution
may issue therefor as in other cases.
Sec. 11. The judgment
and its
effect; copy to be recorded in registry of deeds.
If actual
partition
of property is made, the judgment shall state definitely, by metes and
bounds and adequate description, the particular portion of the real
estate
assigned to each party, and the effect of the judgment shall be to vest
in each party to the action in severalty the portion of the real estate
assigned to him. If the whole property is assigned to one of the
parties
upon his paying to the others the sum or sums ordered by the court, the
judgment shall state the fact of such payment and of the assignment of
the real estate to the party making the payment, and the effect of the
judgment shall be to vest in the party making the payment the whole of
the real estate free from any interest on the part of the other parties
to the action. If the property is sold and the sale confirmed by the
court,
the judgment shall state the name of the purchaser or purchasers and a
definite description of the parcels of real estate sold to each
purchaser,
and the effect of the judgment shall be to vest the real estate in the
purchaser or purchasers making the payment or payments, free from the
claims
of any of the parties to the action. A certified copy of the judgment
shall
in either case be recorded in the registry of deeds of the place in
which
the real estate is situated, and the expenses of such recording shall
be
taxed as part of the costs of the action.
Sec. 12. Neither
paramount rights
nor amicable partition affected by this Rule.
Nothing in
this
Rule contained shall be construed so as to prejudice, defeat, or
destroy
the right or title of any person claiming the real estate involved by
title
under any other person, or by title paramount to the title of the
parties
among whom the partition may have been made; nor so as to restrict or
prevent
persons holding real estate jointly or in common from making an
amicable
partition thereof by agreement and suitable instruments of conveyance
without
recourse to an action.
Sec. 13. Partition of
personal
property.
The
provisions of
this Rule shall apply to partitions of estates composed of personal
property,
or of both real and personal property, in so far as the same may be
applicable.
RULE
70FORCIBLE ENTRY
AND UNLAWFUL
DETAINER
Section 1. Who may institute
proceedings, and when.
Subject to
the provisions
of the next succeeding section, a person deprived of the possession of
any land or building by force, intimidation, threat, strategy, or
stealth,
or a lessor, vendor, vendee, or other person against whom the
possession
of any land or building is unlawfully withheld after the expiration or
termination of the right to hold possession, by virtue of any contract,
express or implied, or the legal representatives or assigns of any such
lessor, vendor, vendee, or other person, may, at any time within one
(1)
year after such unlawful deprivation or withholding of possession,
bring
an action in the proper Municipal Trial Court against the person or
persons
unlawfully withholding or depriving of possession, or any person or
persons
claiming under them, for the restitution of such possession, together
with
damages and costs.
Sec. 2. Lessor to
proceed against
lessee only after demand.
Unless
otherwise
stipulated, such action by the lessor shall be commenced only after
demand
to pay or comply with the conditions of the lease and to vacate is made
upon the lessee, or by serving written notice of such demand upon the
person
found on the premises, or by posting such notice on the premises if no
person be found thereon, and the lessee fails to comply therewith after
fifteen (15) days in the case of land or five (5) days in the case of
buildings.
Sec. 3. Summary
procedure.
Except in
cases
covered by the agricultural tenancy laws or when the law otherwise
expressly
provides, all actions for forcible entry and unlawful detainer,
irrespective
of the amount of damages or unpaid rentals sought to be recovered,
shall
be governed by the summary procedure hereunder provided.
Sec. 4. Pleadings
allowed.
The only
pleadings
allowed to be filed are the complaint, compulsory counterclaim and
cross-claim
pleaded in the answer, and the answers thereto. All pleadings shall be
verified.
Sec. 5. Action on
complaint.
The court
may, from
an examination of the allegations in the complaint and such evidence as
may be attached thereto, dismiss the case outright on any of the
grounds
for the dismissal of a civil action which are apparent therein. If no
ground
for dismissal is found, it shall forthwith issue summons.
Sec. 6. Answer.
Within ten
(10)
days from service of summons, the defendant shall file his answer to
the
complaint and serve a copy thereof on the plaintiff. Affirmative and
negative
defenses not pleaded therein shall be deemed waived, except lack of
jurisdiction
over the subject matter. Cross-claims and compulsory counterclaims not
asserted in the answer shall be considered barred. The answer to
counterclaims
or cross-claims shall be served and filed within ten (10) days from
service
of the answer in which they are pleaded.
Sec. 7. Effect of
failure to
answer.
Should the
defendant
fail to answer the complaint within the period above provided, the
court,
motu proprio or on motion of the plaintiff, shall render judgment as
may
be warranted by the facts alleged in the complaint and limited to what
is prayed for therein. The court may in its discretion reduce the
amount
of damages and attorney’s fees claimed for being excessive or otherwise
unconscionable, without prejudice to the applicability of section 3
(c),
Rule 9 if there are two or more defendants.
Sec. 8. Preliminary
conference;
appearance of parties.
Not later
than thirty
(30) days after the last answer is filed, a preliminary conference
shall
be held. The provisions of Rule 18 on pre-trial shall be applicable to
the preliminary conference unless inconsistent with the provisions of
this
Rule.
The failure of the
plaintiff
to appear in the preliminary conference shall be cause for the
dismissal
of his complaint. The defendant who appears in the absence of the
plaintiff
shall be entitled to judgment on his counterclaim in accordance with
the
next preceding section. All cross-claims shall be dismissed.
If a sole defendant
shall
fail to appear, the plaintiff shall likewise be entitled to judgment in
accordance with the next preceding section. This procedure shall not
apply
where one of two or more defendants sued under a common cause of action
who had pleaded a common defense shall appear at the preliminary
conference.
No postponement of
the preliminary
conference shall be granted except for highly meritorious grounds and
without
prejudice to such sanctions as the court in the exercise of sound
discretion
may impose on the movant.
Sec. 9. Record of
preliminary
conference.
Within five
(5)
days after the termination of the preliminary conference, the court
shall
issue an order stating the matters taken up therein, including but not
limited to:
1. Whether
the parties
have arrived at an amicable settlement, and if so, the terms thereof;
2. The stipulations
or admissions
entered into by the parties;
3. Whether, on the
basis
of the pleadings and the stipulations and admissions made by the
parties,
judgment may be rendered without the need of further proceedings, in
which
event the judgment shall be rendered within thirty (30) days from
issuance
of the order;
4. A clear
specification
of material facts which remain controverted; and
5. Such other
matters intended
to expedite the disposition of the case.
Sec. 10. Submission of
affidavits
and position papers.
Within ten
(10)
days from receipt of the order mentioned in the next preceding section,
the parties shall submit the affidavits of their witnesses and other
evidence
on the factual issues defined in the order, together with their
position
papers setting forth the law and the facts relied upon by them.
Sec. 11. Period for
rendition
of judgment.
Within
thirty (30)
days after receipt of the affidavits and position papers, or the
expiration
of the period for filing the same, the court shall render judgment.
However, should the
court
find it necessary to clarify certain material facts, it may, during the
said period, issue an order specifying the matters to be clarified, and
require the parties to submit affidavits or other evidence on the said
matters within ten (10) days from receipt of said order. Judgment shall
be rendered within fifteen (15) days after the receipt of the last
affidavit
or the expiration of the period for filing the same.
The court shall not
resort
to the foregoing procedure just to gain time for the rendition of the
judgment.
Sec. 12. Referral for
conciliation.
Cases
requiring
referral for conciliation, where there is no showing of compliance with
such requirement, shall be dismissed without prejudice, and may be
revived
only after that requirement shall have been complied with.
Sec. 13. Prohibited
pleadings
and motions.
The
following petitions,
motions, or pleadings shall not be allowed:
1. Motion
to dismiss
the complaint except on the ground of lack of jurisdiction over the
subject
matter, or failure to comply with section 12;
2. Motion for a
bill of particulars;
3. Motion for new
trial,
or for reconsideration of a judgment, or for reopening of trial;
4. Petition for
relief from
judgment;
5. Motion for
extension of
time to file pleadings, affidavits or any other paper;
6. Memoranda;
7. Petition for
certiorari,
mandamus, or prohibition against any interlocutory order issued by the
court;
8. Motion to
declare the
defendant in default;
9. Dilatory
motions for postponement;
10. Reply;
11. Third-party
complaints;
12. Interventions.
Sec. 14. Affidavits.
The
affidavits required
to be submitted under this Rule shall state only facts of direct
personal
knowledge of the affiants which are admissible in evidence, and shall
show
their competence to testify to the matters stated therein.
A violation of this
requirement
may subject the party or the counsel who submits the same to
disciplinary
action, and shall be cause to expunge the inadmissible affidavit or
portion
thereof from the record.
Sec. 15. Preliminary
injunction.
The court
may grant
preliminary injunction, in accordance with the provisions of Rule 58
hereof,
to prevent the defendant from committing further acts of dispossession
against the plaintiff.
A possessor
deprived of his
possession through forcible entry or unlawful detainer may, within five
(5) days from the filing of the complaint, present a motion in the
action
for forcible entry or unlawful detainer for the issuance of a writ of
preliminary
mandatory injunction to restore him in his possession. The court shall
decide the motion within thirty (30) days from the filing thereof.
Sec. 16. Resolving
defense of
ownership.
When the
defendant
raises the defense of ownership in his pleadings and the question of
possession
cannot be resolved without deciding the issue of ownership, the issue
of
ownership shall be resolved only to determine the issue of possession.
Sec. 17. Judgment.
If after
trial the
court finds that the allegations of the complaint are true, it shall
render
judgment in favor of the plaintiff for the restitution of the premises,
the sum justly due as arrears of rent or as reasonable compensation for
the use and occupation of the premises, attorney’s fees and costs. If
it
finds that said allegations are not true, it shall render judgment for
the defendant to recover his costs. If a counterclaim is established,
the
court shall render judgment for the sum found in arrears from either
party
and award costs as justice requires.
Sec. 18. Judgment
conclusive
only on possession; not conclusive in actions involving title or
ownership.
The judgment
rendered
in an action for forcible entry or detainer shall be conclusive with
respect
to the possession only and shall in no wise bind the title or affect
the
ownership of the land or building. Such judgment shall not bar an
action
between the same parties respecting title to the land or building.
The judgment or
final order
shall be appealable to the appropriate Regional Trial Court which shall
decide the same on the basis of the entire record of the proceedings
had
in the court of origin and such memoranda and/or briefs as may be
submitted
by the parties or required by the Regional Trial Court.
Sec. 19. Immediate
execution
of judgment; how to stay same.
If judgment
is rendered
against the defendant, execution shall issue immediately upon motion,
unless
an appeal has been perfected and the defendant to stay execution files
a sufficient supersedeas bond, approved by the Municipal Trial Court
and
executed in favor of the plaintiff to pay the rents, damages, and costs
accruing down to the time of the judgment appealed from, and unless,
during
the pendency of the appeal, he deposits with the appellate court the
amount
of rent due from time to time under the contract, if any, as determined
by the judgment of the Municipal Trial Court. In the absence of a
contract,
he shall deposit with the Regional Trial Court the reasonable value of
the use and occupation of the premises for the preceding month or
period
at the rate determined by the judgment of the lower court on or before
the tenth day of each succeeding month or period. The supersedeas bond
shall be transmitted by the Municipal Trial Court, with the other
papers,
to the clerk of the Regional Trial Court to which the action is
appealed.
All amounts so paid
to the
appellate court shall be deposited with said court or authorized
government
depositary bank, and shall be held there until the final disposition of
the appeal, unless the court, by agreement of the interested parties,
or
in the absence of reasonable grounds of opposition to a motion to
withdraw,
or for justifiable reasons, shall decree otherwise. Should the
defendant
fail to make the payments above prescribed from time to time during the
pendency of the appeal, the appellate court, upon motion of the
plaintiff,
and upon proof of such failure, shall order the execution of the
judgment
appealed from with respect to the restoration of possession, but such
execution
shall not be a bar to the appeal taking its course until the final
disposition
thereof on the merits.
After the case is
decided
by the Regional Trial Court, any money paid to the court by the
defendant
for purposes of the stay of execution shall be disposed of in
accordance
with the provisions of the judgment of the Regional Trial Court. In any
case wherein it appears that the defendant has been deprived of the
lawful
possession of land or building pending the appeal by virtue of the
execution
of the judgment of the Municipal Trial Court, damages for such
deprivation
of possession and restoration of possession may be allowed the
defendant
in the judgment of the Regional Trial Court disposing of the appeal.
Sec. 20. Preliminary
mandatory
injunction in case of appeal.
Upon motion
of the
plaintiff, within ten (10) days from the perfection of the appeal to
the
Regional Trial Court, the latter may issue a writ of preliminary
mandatory
injunction to restore the plaintiff in possession if the court is
satisfied
that the defendant’s appeal is frivolous or dilatory, or that the
appeal
of the plaintiff is prima facie meritorious.
Sec. 21. Immediate
execution
on appeal to Court of Appeals or Supreme Court.
The judgment
of
the Regional Trial Court against the defendant shall be immediately
executory,
without prejudice to a further appeal that may be taken therefrom.
RULE
71CONTEMPT
Section 1. Direct
contempt punished
summarily.
A person
guilty
of misbehavior in the presence of or so near a court as to obstruct or
interrupt the proceedings before the same, including disrespect toward
the court, offensive personalities toward others, or refusal to be
sworn
or to answer as a witness, or to subscribe an affidavit or deposition
when
lawfully required to do so, may be summarily adjudged in contempt by
such
court and punished by a fine not exceeding two thousand pesos or
imprisonment
not exceeding ten (10) days, or both, if it be a Regional Trial Court
or
a court of equivalent or higher rank, or by a fine not exceeding two
hundred
pesos or imprisonment not exceeding one (1) day, or both, if it be a
lower
court.
Sec. 2. Remedy therefrom.
The person
adjudged
in direct contempt by any court may not appeal therefrom, but may avail
himself of the remedies of certiorari or prohibition. The execution of
the judgment shall be suspended pending resolution of such petition,
provided
such person files a bond fixed by the court which rendered the judgment
and conditioned that he will abide by and perform the judgment should
the
petition be decided against him.
Sec. 3. Indirect
contempt to
be punished after charge and hearing.
After a
charge in
writing has been filed, and an opportunity given to the respondent to
comment
thereon within such period as may be fixed by the court and to be heard
by himself or counsel, a person guilty of any of the following acts may
be punished for indirect contempt:
(a)
Misbehavior
of an officer of a court in the performance of his official duties or
in
his official transactions;
(b) Disobedience
of or resistance
to a lawful writ, process, order, or judgment of a court, including the
act of a person who, after being dispossessed or ejected from any real
property by the judgment or process of any court of competent
jurisdiction,
enters or attempts or induces another to enter into or upon such real
property,
for the purpose of executing acts of ownership or possession, or in any
manner disturbs the possession given to the person adjudged to be
entitled
thereto;
(c) Any abuse of
or any unlawful
interference with the processes or proceedings of a court not
constituting
direct contempt under section 1 of this Rule;
(d) Any improper
conduct
tending, directly or indirectly, to impede, obstruct, or degrade the
administration
of justice;
(e) Assuming to
be an attorney
or an officer of a court, and acting as such without authority;
(f) Failure to
obey a subpoena
duly served;
(g) The rescue,
or attempted
rescue, of a person or property in the custody of an officer by virtue
of an order or process of a court held by him.
But nothing in
this section
shall be so construed as to prevent the court from issuing process to
bring
the respondent into court, or from holding him in custody pending such
proceedings.
Sec. 4. How proceedings
commenced.
Proceedings
for
indirect contempt may be initiated motu proprio by the court against
which
the contempt was committed by an order or any other formal charge
requiring
the respondent to show cause why he should not be punished for contempt.
In all other cases,
charges
for indirect contempt shall be commenced by a verified petition with
supporting
particulars and certified true copies of documents or papers involved
therein,
and upon full compliance with the requirements for filing initiatory
pleadings
for civil actions in the court concerned. If the contempt charges arose
out of or are related to a principal action pending in the court, the
petition
for contempt shall allege that fact but said petition shall be
docketed,
heard and decided separately, unless the court in its discretion orders
the consolidation of the contempt charge and the principal action for
joint
hearing and decision.
Sec. 5. Where charge to
be filed.
Where the
charge
for indirect contempt has been committed against a Regional Trial Court
or a court of equivalent or higher rank, or against an officer
appointed
by it, the charge may be filed with such court. Where such contempt has
been committed against a lower court, the charge may be filed with the
Regional Trial Court of the place in which the lower court is sitting;
but the proceedings may also be instituted in such lower court subject
to appeal to the Regional Trial Court of such place in the same manner
as provided in section 2 of this Rule.
Sec. 6. Hearing; release
on
bail.
If the
hearing is
not ordered to be had forthwith, the respondent may be released from
custody
upon filing a bond, in an amount fixed by the court, for his appearance
at the hearing of the charge. On the day set therefor, the court shall
proceed to investigate the charge and consider such comment, testimony
or defense as the respondent may make or offer.
Sec. 7. Punishment for
indirect
contempt.
If the
respondent
is adjudged guilty of indirect contempt committed against a Regional
Trial
Court or a court of equivalent or higher rank, he may be punished by a
fine not exceeding thirty thousand pesos or imprisonment not exceeding
six (6) months, or both. If he is adjudged guilty of contempt committed
against a lower court, he may be punished by a fine not exceeding five
thousand pesos or imprisonment not exceeding one (1) month, or both. If
the contempt consists in the violation of a writ of injunction,
temporary
restraining order or status quo order, he may also be ordered to make
complete
restitution to the party injured by such violation of the property
involved
or such amount as may be alleged and proved.
The writ of
execution, as
in ordinary civil actions, shall issue for the enforcement of a
judgment
imposing a fine unless the court otherwise provides.
Sec. 8. Imprisonment
until order
obeyed.
When the
contempt
consists in the refusal or omission to do an act which is yet in the
power
of the respondent to perform, he may be imprisoned by order of the
court
concerned until he performs it.
Sec. 9. Proceeding when
party
released on bail fails to answer.
When a
respondent
released on bail fails to appear on the day fixed for the hearing, the
court may issue another order of arrest or may order the bond for his
appearance
to be forfeited and confiscated, or both; and, if the bond be proceeded
against, the measure of damages shall be the extent of the loss or
injury
sustained by the aggrieved party by reason of the misconduct for which
the contempt charge was prosecuted, with the costs of the proceedings,
and such recovery shall be for the benefit of the party injured. If
there
is no aggrieved party, the bond shall be liable and disposed of as in
criminal
cases.
Sec. 10. Court may
release respondent.
The court
which
issued the order imprisoning a person for contempt may discharge him
from
imprisonment when it appears that public interest will not be
prejudiced
by his release.
Sec. 11. Review of
judgment
or final order; bond for stay.
The judgment
or
final order of a court in a case of indirect contempt may be appealed
to
the proper court as in criminal cases. But execution of the judgment or
final order shall not be suspended until a bond is filed by the person
adjudged in contempt, in an amount fixed by the court from which the
appeal
is taken, conditioned that if the appeal be decided against him he will
abide by and perform the judgment or final order.
Sec.12. Contempt against
quasi-judicial
entities.
Unless otherwise provided
by law, this Rule shall apply to contempt committed against persons,
entities,
bodies or agencies exercising quasi-judicial functions, or shall have
suppletory
effect to such rules as they may have adopted pursuant to authority
granted
to them by law to punish for contempt. The Regional Trial Court of the
place wherein the contempt has been committed shall have jurisdiction
over
such charges as may be filed therefor.
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