RULE 15 (a) That the court has no jurisdiction over The court shall not defer the resolution of

MOTIONS Sec. 6. Proof of service necessary. the person of the defending party; the motion for the reason that the ground
Section 1. Motion defined. No written motion set for hearing shall be (b) That the court has no jurisdiction over relied upon is not indubitable.
A motion is an application for relief other acted upon by the court without proof of the subject matter of the claim; In every case, the resolution shall state
than by a pleading. service thereof. (c) That venue is improperly laid; clearly and distinctly the reasons therefor.
(d) That the plaintiff has no legal capacity
Sec. 2. Motions must be in writing. Sec. 7. Motion day. to sue; Sec. 4. Time to plead.
All motions shall be in writing except Except for motions requiring immediate (e) That there is another action pending If the motion is denied, the movant shall
those made in open court or in the course action, all motions shall be scheduled for between the same parties for the same file his answer within the balance of the
of a hearing or trial. hearing on Friday afternoons, or if Friday cause; period prescribed by Rule 11 to which he
is a non-working day, in the afternoon of (f) That the cause of action is barred by a was entitled at the time of serving his
Sec. 3. Contents. the next working day. prior judgment or by the statute of motion, but not less than five (5) days in
A motion shall state the relief sought to be limitations; any event, computed from his receipt of
obtained and the grounds upon which it is Sec. 8. Omnibus motion. (g) That the pleading asserting the claim the notice of the denial. If the pleading is
based, and if required by these Rules or Subject to the provisions of section 1 of states no cause of action; ordered to be amended, he shall file his
necessary to prove facts alleged therein, Rule 9, a motion attacking a pleading, (h) That the claim or demand set forth in answer within the period prescribed by
shall be accompanied by supporting order, judgment, or proceeding shall the plaintiff's pleading has been paid, Rule 11 counted from service of the
affidavits and other papers. include all objections then available, and waived, abandoned, or otherwise amended pleading, unless the court
all objections not so included shall be extinguished; provides a longer period.
Sec. 4. Hearing of motion. deemed waived. (i) That the claim on which the action is
Except for motions which the court may founded is unenforceable under the Sec. 5. Effect of dismissal.
act upon without prejudicing the rights of Sec. 9. Motion for leave. provisions of the statute of frauds; and Subject to the right of appeal, an order
the adverse party, every written motion A motion for leave to file a pleading or (j) That a condition precedent for filing granting a motion to dismiss based on
shall be set for hearing by the applicant. motion shall be accompanied by the the claim has not been complied with. paragraphs (f), (h) and (i) of section 1
Every written motion required to be heard pleading or motion sought to be admitted. hereof shall bar the refiling of the same
and the notice of the hearing thereof shall Sec. 2. Hearing of motion. action or claim.
be served in such a manner as to ensure its Sec. 10. Form. At the hearing of the motion, the parties
receipt by the other party at least three (3) The Rules applicable to pleadings shall shall submit their arguments on the Sec. 6. Pleading grounds as affirmative
days before the date of hearing, unless the apply to written motions so far as questions of law and their evidence on the defenses.
court for good cause sets the hearing on concerns caption, designation, signature, questions of fact involved except those not If no motion to dismiss has been filed, any
shorter notice. and other matters of form. available at that time. Should the case go of the grounds for dismissal provided for
to trial, the evidence presented during the in this Rule may be pleaded as an
Sec. 5. Notice of hearing. RULE 16 hearing shall automatically be part of the affirmative defense in the answer and, in
The notice of hearing shall be addressed to MOTION TO DISMISS evidence of the party presenting the same. the discretion of the court, a preliminary
all parties concerned, and shall specify the Section 1. Grounds. hearing may be had thereon as if a motion
time and date of the hearing which must Within the time for but before filing the Sec. 3. Resolution of motion. to dismiss had been filed.
not be later than ten (10) days after the answer to the complaint or pleading After the hearing, the court may dismiss The dismissal of the complaint under this
filing of the motion. asserting a claim, a motion to dismiss may the action or claim, deny the motion, or section shall be without prejudice to the
be made on any of the following grounds: order the amendment of the pleading. prosecution in the same or separate action
of a counterclaim pleaded in the answer.
RULE 17 (a) The possibility of an amicable
DISMISSAL OF ACTIONS Sec. 3. Dismissal due to fault of plaintiff. settlement or of a submission to Sec. 5. Effect of failure to appear.
Section 1. Dismissal upon notice by If, for no justifiable cause, the plaintiff fails alternative modes of dispute resolution; The failure of the plaintiff to appear when
plaintiff. to appear on the date of the presentation (b) The simplification of the issues; so required pursuant to the next
A complaint may be dismissed by the of his evidence in chief on the complaint, (c) The necessity or desirability of preceding section shall be cause for
plaintiff by filing a notice of dismissal at or to prosecute his action for an amendments to the pleadings; dismissal of the action. The dismissal shall
any time before service of the answer or of unreasonable length of time, or to comply (d) The possibility of obtaining be with prejudice, unless otherwise
a motion for summary judgment. Upon with these Rules or any order of the court, stipulations or admissions of facts and of ordered by the court. A similar failure on
such notice being filed, the court shall the complaint may be dismissed upon documents to avoid unnecessary proof; the part of the defendant shall be cause to
issue an order confirming the dismissal. motion of the defendant or upon the (e) The limitation of the number of allow the plaintiff to present his evidence
Unless otherwise stated in the notice, the court's own motion, without prejudice to witnesses; ex parte and the court to render judgment
dismissal is without prejudice, except that the right of the defendant to prosecute his (f) The advisability of a preliminary on the basis thereof.
a notice operates as an adjudication upon counterclaim in the same or in a separate reference of issues to a commissioner;
the merits when filed by a plaintiff who action. This dismissal shall have the effect (g) The propriety of rendering judgment Sec. 6. Pre-trial brief.
has once dismissed in a competent court of an adjudication upon the merits, unless on the pleadings, or summary judgment, The parties shall file with the court and
an action based on or including the same otherwise declared by the court. or of dismissing the action should a valid serve on the adverse party, in such manner
claim. ground therefor be found to exist; as shall ensure their receipt thereof at least
Sec. 4. Dismissal of counterclaim, cross- (h) The advisability or necessity of three (3) days before the date of the pre-
Sec. 2. Dismissal upon motion of plaintiff. claim, or third-party complaint. suspending the proceedings; and trial, their respective pre-trial briefs which
Except as provided in the preceding The provisions of this Rule shall apply to (i) Such other matters as may aid in the shall contain, among others:
section, a complaint shall not be the dismissal of any counterclaim, cross- prompt disposition of the action. (a) A statement of their willingness to
dismissed at the plaintiff's instance save claim, or third-party complaint. A enter into amicable settlement or
upon approval of the court and upon such voluntary dismissal by the claimant by Sec. 3. Notice of pre-trial. alternative modes of dispute resolution,
terms and conditions as the court deems notice as in section 1 of this Rule, shall be The notice of pre-trial shall be served on indicating the desired terms thereof;
proper. If a counterclaim has been pleaded made before a responsive pleading or a counsel, or on the party who has no (b) A summary of admitted facts and
by a defendant prior to the service upon motion for summary judgment is served counsel. The counsel served with such proposed stipulation of facts;
him of the plaintiff's motion for dismissal, or, if there is none, before the introduction notice is charged with the duty of (c) The issues to be tried or resolved;
the dismissal shall be limited to the of evidence at the trial or hearing. notifying the party represented by him. (d) The documents or exhibits to be
complaint. The dismissal shall be without presented, stating the purpose thereof;
prejudice to the right of the defendant to RULE 18 Sec. 4. Appearance of parties. (e) A manifestation of their having availed
prosecute his counterclaim in a separate PRE-TRIAL It shall be the duty of the parties and their or their intention to avail themselves of
action unless within fifteen (15) days from Section 1. When conducted. counsel to appear at the pre-trial. The discovery procedures or referral to
notice of the motion he manifests his After the last pleading has been served non-appearance of a party may be excused commissioners; and
preference to have his counterclaim and filed, it shall be the duty of the only if a valid cause is shown therefor or if (f) The number and names of the
resolved in the same action. Unless plaintiff to promptly move ex parte that a representative shall appear in his behalf witnesses, and the substance of their
otherwise specified in the order, a the case be set for pre-trial. fully authorized in writing to enter into an respective testimonies.
dismissal under this paragraph shall be amicable settlement, to submit to Failure to file the pre-trial brief shall have
without prejudice. A class suit shall not be Sec. 2. Nature and purpose. alternative modes of dispute resolution, the same effect as failure to appear at the
dismissed or compromised without the The pre-trial is mandatory. The court shall and to enter into stipulations or pre-trial.
approval of the court. consider: admissions of facts and of documents.
 intervention shall be attached to the RULE 21
Sec. 7. Record of pre-trial. motion and served on the original parties. SUBPOENA Sec. 3. Form and contents.
The proceedings in the pre-trial shall be Section 1. Subpoena and subpoena duces A subpoena shall state the name of the
recorded. Upon the termination thereof, Sec. 3. Pleadings-in-intervention. tecum. court and the title of the action or
the court shall issue an order which shall The intervenor shall file a complaint-in- Subpoena is a process directed to a person investigation, shall be directed to the
recite in detail the matters taken up in the intervention if he asserts a claim against requiring him to attend and to testify at person whose attendance is required, and
conference, the action taken thereon, the either or all of the original parties, or an the hearing or the trial of an action, or at in the case of a subpoena duces tecum, it
amendments allowed to the pleadings, answer-in-intervention if he unites with any investigation conducted by shall also contain a reasonable description
and the agreements or admissions made the defending party in resisting a claim competent authority, or for the taking of of the books, documents or things
by the parties as to any of the matters against the latter. his deposition. It may also require him to demanded which must appear to the court
considered. Should the action proceed to bring with him any books, documents, or prima facie relevant.
trial, the order shall explicitly define and Sec. 4. Answer to complaint-in- other things under his control, in which
limit the issues to be tried. The contents of intervention. case it is called a subpoena duces tecum. Sec. 4. Quashing a subpoena.
the order shall control the subsequent The answer to the complaint-in - The court may quash a subpoena duces
course of the action, unless modified intervention shall be filed within fifteen Sec. 2. By whom issued. tecum upon motion promptly made and,
before trial to prevent manifest injustice. (15) days from notice of the order The subpoena may be issued by: in any event, at or before the time
admitting the same, unless a different a) the court before whom the witness is specified therein if it is unreasonable and
RULE 19 period is fixed by the court. required to attend; oppressive, or the relevancy of the books,
INTERVENTION b) the court of the place where the documents or things does not appear, or if
Section 1. Who may intervene. RULE 20 deposition is to be taken; the person in whose behalf the subpoena
A person who has a legal interest in the CALENDAR OF CASES c) the officer or body authorized by law to is issued fails to advance the reasonable
matter in litigation, or in the success of Section 1. Calendar of cases. do so in connection with investigations cost of the production thereof.
either of the parties, or an interest against The clerk of court, under the direct conducted by said officer or body; or The court may quash a subpoena ad
both, or is so situated as to be adversely supervision of the judge, shall keep a d) any Justice of the Supreme Court or of testificandum on the ground that the
affected by a distribution or other calendar of cases for pre-trial, for trial, the Court of Appeals in any case or witness is not bound thereby. In either
disposition of property in the custody of those whose trials were adjourned or investigation pending within the case, the subpoena may be quashed on the
the court or of an officer thereof may, with postponed, and those with motions to set Philippines. ground that the witness fees and
leave of court, be allowed to intervene in for hearing. Preference shall be given to When application for a subpoena to a kilometrage allowed by these Rules were
the action. The court shall consider habeas corpus cases, election cases, prisoner is made, the judge or officer shall not tendered when the subpoena was
whether or not the intervention will special civil actions, and those so required examine and study carefully such served.
unduly delay or prejudice the adjudication by law. application to determine whether the
of the rights of the original parties, and same is made for a valid purpose. Sec. 5. Subpoena for depositions.
whether or not the intervenor's rights may Sec. 2. Assignment of cases. No prisoner sentenced to death, reclusion Proof of service of a notice to take a
be fully protected in a separate The assignment of cases to the different perpetua or life imprisonment and who is deposition, as provided in sections 15 and
proceeding. branches of a court shall be done confined in any penal institution shall be 25 of Rule 23, shall constitute sufficient
exclusively by raffle. The assignment shall brought outside the said penal institution authorization for the issuance of
Sec. 2. Time to intervene. be done in open session of which adequate for appearance or attendance in any court subpoenas for the persons named in said
The motion to intervene may be filed at notice shall be given so as to afford unless authorized by the Supreme Court. notice by the clerk of the court of the place
any time before rendition of judgment by interested parties the opportunity to be in which the deposition is to be taken. The
the trial court. A copy of the pleading-in- present. clerk shall not, however, issue a subpoena
duces tecum to any such person without issuing it shall determine that his failure existence, description, nature, custody,
an order of the court. to answer the subpoena was willful and Sec. 2. Effect of interruption. condition, and location of any books,
without just excuse. Should an act be done which effectively documents, or other tangible things and
Sec. 6. Service. interrupts the running of the period, the the identity and location of persons
Service of a subpoena shall be made in the Sec. 9. Contempt. allowable period after such interruption having knowledge of relevant facts.
same manner as personal or substituted Failure by any person without adequate shall start to run on the day after notice of
service of summons. The original shall be cause to obey a subpoena served upon him the cessation of the cause thereof. Sec. 3. Examination and cross-
exhibited and a copy thereof delivered to shall be deemed a contempt of the court The day of the act that caused the examination.
the person on whom it is served, tendering from which the subpoena is issued. If the interruption shall be excluded in the Examination and cross-examination of
to him the fees for one day’s attendance subpoena was not issued by a court, the computation of the period. deponents may proceed as permitted at
and the kilometrage allowed by these disobedience thereto shall be punished in the trial under sections 3 to 18 of Rule 132.
Rules, except that, when a subpoena is accordance with the applicable law or RULE 23
issued by or on behalf of the Republic of Rule. DEPOSITIONS PENDING ACTIONS Sec. 4. Use of depositions.
the Philippines or an officer or agency Section 1. Depositions pending action, At the trial or upon the hearing of a
thereof, the tender need not be made. The Sec. 10. Exceptions. when may be taken. motion or an interlocutory proceeding,
service must be made so as to allow the The provisions of sections 8 and 9 of this By leave of court after jurisdiction has any part or all of a deposition, so far as
witness a reasonable time for preparation Rule shall not apply to a witness who been obtained over any defendant or over admissible under the rules of evidence,
and travel to the place of attendance. If the resides more than one hundred (100) property which is the subject of the action, may be used against any party who was
subpoena is duces tecum, the reasonable kilometers from his residence to the place or without such leave after an answer has present or represented at the taking of the
cost of producing the books, documents where he is to testify by the ordinary been served, the testimony of any person, deposition or who had due notice thereof,
or things demanded shall also be course of travel, or to a detention prisoner whether a party or not, may be taken, at in accordance with any one of the
tendered. if no permission of the court in which his the instance of any party, by deposition following provisions:
case is pending was obtained. upon oral examination or written (a) Any deposition may be used by any
Sec. 7. Personal appearance in court. interrogatories. The attendance of party for the purpose of contradicting or
A person present in court before a judicial RULE 22 witnesses may be compelled by the use of impeaching the testimony of deponent as
officer may be required to testify as if he COMPUTATION OF TIME a subpoena as provided in Rule 21. a witness;
were in attendance upon a subpoena Section 1. How to compute time. Depositions shall be taken only in (b) The deposition of a party or of any one
issued by such court or officer. In computing any period of time accordance with these Rules. The who at the time of taking the deposition
prescribed or allowed by these Rules, or by deposition of a person confined in prison was an officer, director, or managing agent
Sec. 8. Compelling attendance. order of the court, or by any applicable may be taken only by leave of court on of a public or private corporation,
In case of failure of a witness to attend, the statute, the day of the act or event from such terms as the court prescribes. partnership, or association which is a
court or judge issuing the subpoena, upon which the designated period of time party may be used by an adverse party for
proof of the service thereof and of the begins to run is to be excluded and the Sec. 2. Scope of examination. any purpose;
failure of the witness, may issue a warrant date of performance included. If the last Unless otherwise ordered by the court as (c) The deposition of a witness, whether or
to the sheriff of the province, or his day of the period, as thus computed, falls provided by section 16 or 18 of this Rule, not a party, may be used by any party for
deputy, to arrest the witness and bring on a Saturday, a Sunday, or a legal holiday the deponent may be examined regarding any purpose if the court finds: (1) that the
him before the court or officer where his in the place where the court sits, the time any matter, not privileged, which is witness is dead; or (2) that the witness
attendance is required, and the cost of shall not run until the next working day. relevant to the subject of the pending resides at a distance more than one
such warrant and seizure of such witness action, whether relating to the claim or hundred (100) kilometers from the place
shall be paid by the witness if the court defense of any other party, including the of trial or hearing, or is out of the
Philippines, unless it appears that his of the evidence if the witness were then appointed by commission or under letters state the time and place for taking the
absence was procured by the party present and testifying. rogatory; or (c) the person referred to in deposition and the name and address of
offering the deposition; or (3) that the section 14 hereof. each person to be examined, if known, and
witness is unable to attend or testify Sec. 7. Effect of taking depositions. if the name is not known, a general
because of age, sickness, infirmity, or A party shall not be deemed to make a Sec. 12. Commission or letters rogatory. description sufficient to identify him or
imprisonment; or (4) that the party person his own witness for any purpose by A commission or letters rogatory shall be the particular class or group to which he
offering the deposition has been unable to taking his deposition. issued only when necessary or convenient, belongs. On motion of any party upon
procure the attendance of the witness by on application and notice, and on such whom the notice is served, the court may
subpoena; or (5) upon application and Sec. 8. Effect of using depositions. terms and with such direction as are just for cause shown enlarge or shorten the
notice, that such exceptional The introduction in evidence of the and appropriate. Officers may be time.
circumstances exist as to make it deposition or any part thereof for any designated in notices or commissions
desirable, in the interest of justice and purpose other than that of contradicting either by name or descriptive title and Sec. 16. Orders for the protection of parties
with due regard to the importance of or impeaching the deponent makes the letters rogatory may be addressed to the and deponents.
presenting the testimony of witnesses deponent the witness of the party appropriate judicial authority in the After notice is served for taking a
orally in open court, to allow the introducing the deposition, but this shall foreign country. deposition by oral examination, upon
deposition to be used; and not apply to the use by an adverse party of motion seasonably made by any party or
(d) If only part of a deposition is offered in a deposition as described in paragraph (b) Sec. 13. Disqualification by interest. by the person to be examined and for good
evidence by a party, the adverse party may of section 4 of this Rule. No deposition shall be taken before a cause shown, the court in which the action
require him to introduce all of it which is person who is a relative within the sixth is pending may make an order that the
relevant to the part introduced, and any Sec. 9. Rebutting deposition. degree of consanguinity or affinity, or deposition shall not be taken, or that it
party may introduce any other parts. At the trial or hearing, any party may employee or counsel of any of the parties; may be taken only at some designated
rebut any relevant evidence contained in a or who is a relative within the same place other than that stated in the notice,
Sec. 5. Effect of substitution of parties. deposition whether introduced by him or degree, or employee of such counsel; or or that it may be taken only on written
Substitution of parties does not affect the by any other party. who is financially interested in the action. interrogatories, or that certain matters
right to use depositions previously taken; shall not be inquired into, or that the
and, when an action has been dismissed Sec. 10. Persons before whom depositions Sec. 14. Stipulations regarding taking of scope of the examination shall be held
and another action involving the same may be taken within the Philippines. depositions. with no one present except the parties to
subject is afterward brought between the Within the Philippines, depositions may If the parties so stipulate in writing, the action and their officers or counsel, or
same parties or their representatives or be taken before any judge, notary public, depositions may be taken before any that after being sealed the deposition shall
successors in interest, all depositions or the person referred to in section 14 person authorized to administer oaths, at be opened only by order of the court, or
lawfully taken and duly filed in the former hereof. any time or place, in accordance with that secret processes, developments, or
action may be used in the latter as if these Rules, and when so taken may be research need not be disclosed, or that the
originally taken therefor. Sec. 11. Persons before whom depositions used like other depositions. parties shall simultaneously file specified
may be taken in foreign countries. documents or information enclosed in
Sec. 6. Objections to admissibility. In a foreign state or country, depositions Sec. 15. Deposition upon oral examination; sealed envelopes to be opened as directed
Subject to the provisions of section 29 of may be taken (a) on notice before a notice; time and place. by the court; or the court may make any
this Rule, objection may be made at the secretary of embassy or legation, consul A party desiring to take the deposition of other order which justice requires to
trial or hearing to receiving in evidence general, consul, vice-consul, or consular any person upon oral examination shall protect the party or witness from
any deposition or part thereof for any agent of the Republic of the Philippines; give reasonable notice in writing to every annoyance, embarrassment, or
reason which would require the exclusion (b) before such person or officer as may be other party to the action. The notice shall oppression.
 deposition, or may limit the scope and suppress under section 29 (f) of this Rule,
Sec. 17. Record of examination; oath; manner of the taking of the deposition, as the court holds that the reasons given for Sec. 24. Failure of party giving notice to
objections. provided in section 16 of this Rule. If the the refusal to sign require rejection of the serve subpoena.
The officer before whom the deposition is order made terminates the examination, it deposition in whole or in part. If the party giving the notice of the taking
to be taken shall put the witness on oath shall be resumed thereafter only upon the of a deposition of a witness fails to serve a
and shall personally, or by someone acting order of the court in which the action is Sec. 20. Certification and filing by officer. subpoena upon him and the witness
under his direction and in his presence, pending. Upon demand of the objecting The officer shall certify on the deposition because of such failure does not attend,
record the testimony of the witness. The party or deponent, the taking of the that the witness was duly sworn to by him and if another party attends in person or
testimony shall be taken stenographically deposition shall be suspended for the time and that the deposition is a true record of by counsel because he expects the
unless the parties agree otherwise. All necessary to make a notice for an order. In the testimony given by the witness. He deposition of that witness to be taken, the
objections made at the time of the granting or refusing such order, the court shall then securely seal the deposition in court may order the party giving the
examination to the qualifications of the may impose upon either party or upon the an envelope indorsed with the title of the notice to pay to such other party the
officer taking the deposition, or to the witness the requirement to pay such costs action and marked "Deposition of (here amount of the reasonable expenses
manner of taking it, or to the evidence or expenses as the court may deem insert the name of witness)" and shall incurred by him and his counsel in so
presented, or to the conduct of any party, reasonable. promptly file it with the court in which the attending, including reasonable attorney’s
and any other objection to the action is pending or send it by registered fees.
proceedings, shall be noted by the officer Sec. 19. Submission to witness; changes; mail to the clerk thereof for filing.
upon the deposition. Evidence objected to signing.
shall be taken subject to the objections. In When the testimony is fully transcribed, Sec. 21. Notice of filing. Sec. 25. Deposition upon written
lieu of participating in the oral the deposition shall be submitted to the The officer taking the deposition shall give interrogatories; service of notice and of
examination, parties served with notice of witness for examination and shall be read prompt notice of its filing to all the parties. interrogatories.
taking a deposition may transmit written to or by him, unless such examination and A party desiring to take the deposition of
interrogatories to the officers, who shall reading are waived by the witness and by Sec. 22. Furnishing copies. any person upon written interrogatories
propound them to the witness and record the parties. Any changes in form or Upon payment of reasonable charges shall serve them upon every other party
the answers verbatim. substance which the witness desires to therefor, the officer shall furnish a copy of with a notice stating the name and address
make shall be entered upon the deposition the deposition to any party or to the of the person who is to answer them and
Sec. 18. Motion to terminate or limit by the officer with a statement of the deponent. the name or descriptive title and address
examination. reasons given by the witness for making of the officer before whom the deposition
At any time during the taking of the them. The deposition shall then be signed Sec. 23. Failure to attend of party giving is to be taken. Within ten (10) days
deposition, on motion or petition of any by the witness, unless the parties by notice. thereafter, a party so served may serve
party or of the deponent and upon a stipulation waive the signing or the If the party giving the notice of the taking cross-interrogatories upon the party
showing that the examination is being witness is ill or cannot be found or refuses of a deposition fails to attend and proceed proposing to take the deposition. Within
conducted in bad faith or in such manner to sign. If the deposition is not signed by therewith and another attends in person five (5) days thereafter, the latter may
as unreasonably to annoy, embarrass, or the witness, the officer shall sign it and or by counsel pursuant to the notice, the serve re-direct interrogatories upon a
oppress the deponent or party, the court state on the record the fact of the waiver court may order the party giving the party who has served cross-
in which the action is pending or the or of the illness or absence of the witness notice to pay such other party the amount interrogatories. Within three (3) days after
Regional Trial Court of the place where or the fact of the refusal to sign together of the reasonable expenses incurred by being served with re-direct
the deposition is being taken may order with the reason given therefor, if any, and him and his counsel in so attending, interrogatories, a party may serve recross-
the officer conducting the examination to the deposition may then be used as fully including reasonable attorney’s fees. interrogatories upon the party proposing
cease forthwith from taking the as though signed, unless on a motion to to take the deposition.
 served in writing upon the party (c) the facts which he desires to establish
Sec. 26. Officers to take responses and Sec. 29. Effects of errors and irregularities propounding them within the time by the proposed testimony and his reasons
prepare record. in depositions. allowed for serving succeeding cross or for desiring to perpetuate it; (d) the names
A copy of the notice and copies of all (a) As to notice.- All errors and other interrogatories and within three (3) or a description of the persons he expects
interrogatories served shall be delivered irregularities in the notice for taking a days after service of the last will be adverse parties and their addresses
by the party taking the deposition to the deposition are waived unless written interrogatories authorized. so far as known; and (e) the names and
officer designated in the notice, who shall objection is promptly served upon the (f) As to manner of preparation.- Errors addresses of the persons to be examined
proceed promptly, in the manner party giving the notice. and irregularities in the manner in which and the substance of the testimony which
provided by sections 17, 19 and 20 of this (b) As to disqualification of officer.- the testimony is transcribed or the he expects to elicit from each, and shall
Rule, to take the testimony of the witness Objection to taking a deposition because deposition is prepared, signed, certified, ask for an order authorizing the petitioner
in response to the interrogatories and to of disqualification of the officer before sealed, indorsed, transmitted, filed, or to take the depositions of the persons to
prepare, certify, and file or mail the whom it is to be taken is waived unless otherwise dealt with by the officer under be examined named in the petition for the
deposition, attaching thereto the copy of made before the taking of the deposition sections 17, 19, 20 and 26 of this Rule are purpose of perpetuating their testimony.
the notice and the interrogatories received begins or as soon thereafter as the waived unless a motion to suppress the
by him. disqualification becomes known or could deposition or some part thereof is made Sec. 3. Notice and service.
be discovered with reasonable diligence. with reasonable promptness after such The petitioner shall serve a notice upon
Sec. 27. Notice of filing and furnishing (c) As to competency or relevancy of defect is, or with due diligence might have each person named in the petition as an
copies. evidence.- Objections to the competency been, ascertained. expected adverse party, together with a
When a deposition upon interrogatories is of a witness or the competency, relevancy, copy of the petition, stating that the
filed, the officer taking it shall promptly or materiality of testimony are not waived RULE 24 petitioner will apply to the court, at a time
give notice thereof to all the parties, and by failure to make them before or during DEPOSITIONS BEFORE ACTION OR and place named therein, for the order
may furnish copies to them or to the the taking of the deposition, unless the PENDING APPEAL. described in the petition. At least twenty
deponent upon payment of reasonable ground of the objection is one which Section 1. Depositions before action; (20) days before the date of the hearing,
charges therefor. might have been obviated or removed if petition. the court shall cause notice thereof to be
presented at that time. A person who desires to perpetuate his served on the parties and prospective
Sec. 28. Orders for the protection of (d) As to oral examination and other own testimony or that of another person deponents in the manner provided for
parties and deponents. particulars.- Errors and irregularities regarding any matter that may be service of summons.
After the service of the interrogatories and occurring at the oral examination in the cognizable in any court of the Philippines,
prior to the taking of the testimony of the manner of taking the deposition, in the may file a verified petition in the court of Sec. 4. Order and examination.
deponent, the court in which the action is form of the questions or answers, in the the place of the residence of any expected If the court is satisfied that the
pending, on motion promptly made by a oath or affirmation, or in the conduct of adverse party. perpetuation of the testimony may
party or a deponent, and for good cause the parties and errors of any kind which prevent a failure or delay of justice, it shall
shown, may make any order specified in might be obviated, removed, or cured if Sec. 2. Contents of petition. make an order designating or describing
sections 15, 16 and 18 of this Rule which is promptly prosecuted, are waived unless The petition shall be entitled in the name the persons whose deposition may be
appropriate and just or an order that the reasonable objection thereto is made at of the petitioner and shall show: (a) that taken and specifying the subject matter of
deposition shall not be taken before the the taking of the deposition. the petitioner expects to be a party to an the examination and whether the
officer designated in the notice or that it (e) As to form of written interrogatories.- action in a court of the Philippines but is depositions shall be taken upon oral
shall not be taken except upon oral Objections to the form of written presently unable to bring it or cause it to examination or written interrogatories.
examination. interrogatories submitted under sections be brought; (b) the subject matter of the The depositions may then be taken in
25 and 26 of this Rule are waived unless expected action and his interest therein;
accordance with Rule 23 before the from each; and (b) the reason for of fact set forth in the request. Copies of
hearing. perpetuating their testimony. If the court Sec. 3. Objections to interrogatories. the documents shall be delivered with the
finds that the perpetuation of the Objections to any interrogatories may be request unless copies have already been
Sec. 5. Reference to court. testimony is proper to avoid a failure or presented to the court within ten (10) days furnished.
For the purpose of applying Rule 23 to delay of justice, it may make an order after service thereof, with notice as in case
depositions for perpetuating testimony, allowing the depositions to be taken, and of a motion; and answers shall be deferred Sec. 2. Implied admission.
each reference therein to the court in thereupon the depositions may be taken until the objections are resolved, which Each of the matters of which an admission
which the action is pending shall be and used in the same manner and under shall be at as early a time as is practicable. is requested shall be deemed admitted
deemed to refer to the court in which the the same conditions as are prescribed in unless, within a period designated in the
petition for such deposition was filed. these Rules for depositions taken in Sec. 4. Number of interrogatories. request, which shall not be less than
pending actions. No party may, without leave of court, fifteen (15) days after service thereof, or
Sec. 6. Use of deposition. serve more than one set of interrogatories within such further time as the court may
If a deposition to perpetuate testimony is RULE 25 to be answered by the same party. allow on motion, the party to whom the
taken under this Rule, or if, although not INTERROGATORIES TO PARTIES request is directed files and serves upon
so taken, it would be admissible in Sectin 1. Interrogatories to parties; service Sec. 5. Scope and use of interrogatories. the party requesting the admission a
evidence, it may be used in any action thereof. Interrogatories may relate to any matters sworn statement either denying
involving the same subject matter Under the same conditions specified in that can be inquired into under section 2 specifically the matters of which an
subsequently brought in accordance with section 1 of Rule 23, any party desiring to of Rule 23, and the answers may be used admission is requested or setting forth in
the provisions of sections 4 and 5 of Rule elicit material and relevant facts from any for the same purposes provided in section detail the reasons why he cannot
23. adverse parties shall file and serve upon 4 of the same Rule. truthfully either admit or deny those
the latter written interrogatories to be Sec. 6. Effect of failure to serve written matters.
Sec. 7. Depositions pending appeal. answered by the party served or, if the interrogatories. Objections to any request for admission
If an appeal has been taken from a party served is a public or private Unless thereafter allowed by the court for shall be submitted to the court by the
judgment of a court, including the Court corporation or a partnership or good cause shown and to prevent a failure party requested within the period for and
of Appeals in proper cases, or before the association, by any officer thereof of justice, a party not served with written prior to the filing of his sworn statement
taking of an appeal if the time therefor has competent to testify in its behalf. interrogatories may not be compelled by as contemplated in the preceding
not expired, the court in which the the adverse party to give testimony in paragraph and his compliance therewith
judgment was rendered may allow the Sec. 2. Answer to interrogatories. open court, or to give a deposition shall be deferred until such objections are
taking of depositions of witnesses to The interrogatories shall be answered fully pending appeal. resolved, which resolution shall be made
perpetuate their testimony for use in the in writing and shall be signed and sworn as early as practicable.
event of further proceedings in the said to by the person making them. The party RULE 26
court. In such case the party who desires upon whom the interrogatories have been ADMISSION BY ADVERSE PARTY Sec. 3. Effect of admission.
to perpetuate the testimony may make a served shall file and serve a copy of the Section 1. Request for admission. Any admission made by a party pursuant
motion in the said court for leave to take answers on the party submitting the At any time after issues have been joined, to such request is for the purpose of the
the depositions, upon the same notice and interrogatories within fifteen (15) days a party may file and serve upon any other pending action only and shall not
service thereof as if the action was after service thereof, unless the court, on party a written request for the admission constitute an admission by him for any
pending therein. The motion shall state motion and for good cause shown, extends by the latter of the genuineness of any other purpose nor may the same be used
(a) the names and addresses of the or shortens the time. material and relevant document described against him in any other proceeding.
persons to be examined and the substance in and exhibited with the request or of the
of the testimony which he expects to elicit truth of any material and relevant matter
 photographing the property or any made, of the same mental or physical deponent to answer the question or
Sec. 4. Withdrawal. designated relevant object or operation condition. If the party examined refuses to interrogatory and if it also finds that the
The court may allow the party making an thereon. The order shall specify the time, deliver such report, the court on motion refusal to answer was without substantial
admission under this Rule, whether place and manner of making the and notice may make an order requiring justification, it may require the refusing
express or implied, to withdraw or amend inspection and taking copies and delivery on such terms as are just, and if a party or deponent or the counsel advising
it upon such terms as may be just. photographs, and may prescribe such physician fails or refuses to make such a the refusal, or both of them, to pay the
terms and conditions as are just. report the court may exclude his proponent the amount of the reasonable
Sec. 5. Effect of failure to file and serve testimony if offered at the trial. expenses incurred in obtaining the order,
request for admission. RULE 28 including attorney’s fees.
Unless otherwise allowed by the court for PHYSICAL AND MENTAL Sec. 4. Waiver of privilege. If the application is denied and the court
good cause shown and to prevent a failure EXAMINATION OF PERSONS By requesting and obtaining a report of finds that it was filed without substantial
of justice, a party who fails to file and serve Section 1. When examination may be the examination so ordered or by taking justification, the court may require the
a request for admission on the adverse ordered. the deposition of the examiner, the party proponent or the counsel advising the
party of material and relevant facts at issue In an action in which the mental or examined waives any privilege he may filing of the application, or both of them,
which are, or ought to be, within the physical condition of a party is in have in that action or any other involving to pay to the refusing party or deponent
personal knowledge of the latter, shall not controversy, the court in which the action the same controversy, regarding the the amount of the reasonable expenses
be permitted to present evidence on such is pending may in its discretion order him testimony of every other person who has incurred in opposing the application,
facts. to submit to a physical or mental examined or may thereafter examine him including attorney’s fees.
examination by a physician. in respect of the same mental or physical
RULE 27 examination. Sec. 2. Contempt of court.
PRODUCTION OR INSPECTION OF Sec. 2. Order for examination. If a party or other witness refuses to be
DOCUMENTS OR THINGS The order for examination may be made RULE 29 sworn or refuses to answer any question
Section 1. Motion for production or only on motion for good cause shown and REFUSAL TO COMPLY WITH MODES after being directed to do so by the court
inspection; order. upon notice to the party to be examined OF DISCOVERY of the place in which the deposition is
Upon motion of any party showing good and to all other parties, and shall specify Section 1. Refusal to answer. being taken, the refusal may be considered
cause therefor, the court in which an the time, place, manner, conditions and If a party or other deponent refuse to a contempt of that court.
action is pending may (a) order any party scope of the examination and the person answer any question upon oral
to produce and permit the inspection and or persons by whom it is to be made. examination, the examination may be Sec. 3. Other consequences.
copying or photographing, by or on behalf completed on other matters or adjourned If any party or an officer or managing
of the moving party, of any designated Sec. 3. Report of findings. as the proponent of the question may agent of a party refuses to obey an order
documents, papers, books, accounts, If requested by the party examined, the prefer. The proponent may thereafter made under section 1 of this Rule
letters, photographs, objects or tangible party causing the examination to be made apply to the proper court of the place requiring him to answer designated
things, not privileged, which constitute or shall deliver to him a copy of a detailed where the deposition is being taken, for an questions, or an order under Rule 27 to
contain evidence material to any matter written report of the examining physician order to compel an answer. The same produce any document or other thing for
involved in the action and which are in his setting out his findings and conclusions. procedure may be availed of when a party inspection, copying, or photographing or
possession, custody or control; or (b) After such request and delivery, the party or a witness refuses to answer any to permit it to be done, or to permit entry
order any party to permit entry upon causing the examination to be made shall interrogatory submitted under Rules 23 or upon land or other property, or an order
designated land or other property in his be entitled upon request to receive from 25. made under Rule 28 requiring him to
possession or control for the purpose of the party examined a like report of any If the application is granted, the court submit to a physical or mental
inspecting, measuring, surveying, or examination, previously or thereafter shall require the refusing party or examination, the court may make such
orders in regard to the refusal as are just, the reasonable expenses incurred in limited to the issues stated in the pre-trial
and among others the following: making such proof, including attorney’s Sec. 2. Adjournments and postponements. order and shall proceed as follows:
(a) An order that the matters regarding fees. Unless the court finds that there were A court may adjourn a trial from day to (a) The plaintiff shall adduce evidence in
which the questions were asked, or the good reasons for the denial or that day, and to any stated time, as the support of his complaint;
character or description of the thing or admissions sought were of no substantial expeditious and convenient transaction of (b) The defendant shall then adduce
land, or the contents of the paper, or the importance, such order shall be issued. business may require, but shall have no evidence in support of his defense,
physical or mental condition of the party, power to adjourn a trial for a longer period counterclaim, cross-claim and third-party
or any other designated facts shall be Sec. 5. Failure of party to attend or serve than one month for each adjournment, complaint;
taken to be established for the purposes of answers. nor more than three months in all, except (c) The third-party defendant, if any, shall
the action in accordance with the claim of If a party or an officer or managing agent when authorized in writing by the Court adduce evidence of his defense,
the party obtaining the order; of a party wilfully fails to appear before the Administrator, Supreme Court. counterclaim, cross-claim and fourth-
(b) An order refusing to allow the officer who is to take his deposition, after party complaint;
disobedient party to support or oppose being served with a proper notice, or fails Sec. 3. Requisites of motion to postpone (d) The fourth-party, and so forth, if any,
designated claims or defenses or to serve answers to interrogatories trial for absence of evidence. shall adduce evidence of the material facts
prohibiting him from introducing in submitted under Rule 25 after proper A motion to postpone a trial on the pleaded by them;
evidence designated documents or things service of such interrogatories, the court ground of absence of evidence can be (e) The parties against whom any
or items of testimony, or from introducing on motion and notice, may strike out all or granted only upon affidavit showing the counterclaim or cross-claim has been
evidence of physical or mental condition; any part of any pleading of that party, or materiality or relevancy of such evidence, pleaded, shall adduce evidence in support
(c) An order striking out pleadings or dismiss the action or proceeding or any and that due diligence has been used to of their defense, in the order to be
parts thereof, or staying further part thereof, or enter a judgment by procure it. But if the adverse party admits prescribed by the court;
proceedings until the order is obeyed, or default against that party, and in its the facts to be given in evidence, even if he (f) The parties may then respectively
dismissing the action or proceeding or any discretion, order him to pay reasonable objects or reserves the right to their adduce rebutting evidence only, unless
part thereof, or rendering a judgment by expenses incurred by the other, including admissibility, the trial shall not be the court, for good reasons and in the
default against the disobedient party; and attorney’s fees. postponed. furtherance of justice, permits them to
(d) In lieu of any of the foregoing orders or adduce evidence upon their original case;
in addition thereto, an order directing the Sec. 6. Expenses against the Republic of Sec. 4. Requisites of motion to postpone and
arrest of any party or agent of a party for the Philippines. trial for illness of party or counsel. (g) Upon admission of the evidence, the
disobeying any of such orders except an Expenses and attorney’s fees are not to be A motion to postpone a trial on the case shall be deemed submitted for
order to submit to a physical or mental imposed upon the Republic of the ground of illness of a party or counsel may decision, unless the court directs the
examination. Philippines under this Rule. be granted if it appears upon affidavit or parties to argue or to submit their
Sec. 4. Expenses on refusal to admit. sworn certification that the presence of respective memoranda or any further
If a party after being served with a request RULE 30 such party or counsel at the trial is pleadings.
under Rule 26 to admit the genuineness of TRIAL indispensable and that the character of his If several defendants or third-party
any document or the truth of any matter Section 1. Notice of trial. illness is such as to render his non- defendants, and so forth, having separate
of fact, serves a sworn denial thereof and Upon entry of a case in the trial calendar, attendance excusable. defenses appear by different counsel, the
if the party requesting the admissions the clerk shall notify the parties of the date court shall determine the relative order of
thereafter proves the genuineness of such of its trial in such manner as shall ensure Sec. 5. Order of trial. presentation of their evidence.
document or the truth of any such matter his receipt of that notice at least five (5) Subject to the provisions of section 2 of
of fact, he may apply to the court for an days before such date. Rule 31, and unless the court for special
order requiring the other party to pay him reasons otherwise directs, the trial shall be
Sec. 6. Agreed statement of facts. account on either side, in which case the
The parties to any action may agree, in RULE 31 commissioner may be directed to hear and Sec. 4. Oath of commissioner.
writing, upon the facts involved in the CONSOLIDATION OR SEVERANCE report upon the whole issue or any specific Before entering upon his duties the
litigation, and submit the case for Section 1. Consolidation. question involved therein; commissioner shall be sworn to a faithful
judgment on the facts agreed upon, When actions involving a common (b) When the taking of an account is and honest performance thereof.
without the introduction of evidence. question of law or fact are pending before necessary for the information of the court
If the parties agree only on some of the the court, it may order a joint hearing or before judgment, or for carrying a Sec. 5. Proceedings before commissioner.
facts in issue, the trial shall be held as to trial of any or all the matters in issue in the judgment or order into effect; Upon receipt of the order of reference and
the disputed facts in such order as the actions; it may order all the actions (c) When a question of fact, other than unless otherwise provided therein, the
court shall prescribe. consolidated; and it may make such orders upon the pleadings, arises upon motion or commissioner shall forthwith set a time
concerning proceedings therein as may otherwise, in any stage of a case, or for and place for the first meeting of the
Sec. 7. Statement of judge. tend to avoid unnecessary costs or delay. carrying a judgment or order into effect. parties or their counsel to be held within
During the hearing or trial of a case any Sec. 3. Order of reference; powers of the ten (l0) days after the date of the order of
statement made by the judge with Sec. 2. Separate trials. commissioner. reference and shall notify the parties or
reference to the case, or to any of the The court, in furtherance of convenience When a reference is made, the clerk shall their counsel.
parties, witnesses or counsel, shall be or to avoid prejudice, may order a separate forthwith furnish the commissioner with a
made of record in the stenographic notes. trial of any claim, cross-claim, copy of the order of reference. The order Sec. 6. Failure of parties to appear before
counterclaim, or third-party complaint, or may specify or limit the powers of the commissioner.
Sec. 8. Suspension of actions. of any separate issue or of any number of commissioner, and may direct him to If a party fails to appear at the time and
The suspension of actions shall be claims, cross-claims, counterclaims, third- report only upon particular issues, or to do place appointed, the commissioner may
governed by the provisions of the Civil party complaints or issues. or perform particular acts, or to receive proceed ex parte or, in his discretion,
Code. and report evidence only, and may fix the adjourn the proceedings to a future day,
RULE 32 date for beginning and closing the giving notice to the absent party or his
Sec. 9. Judge to receive evidence; TRIAL BY COMMISSIONER hearings and for the filing of his report. counsel of the adjournment.
delegation to clerk of court. Section 1. Reference by consent. Subject to the specifications and
The judge of the court where the case is By written consent of both parties, the limitations stated in the order, the Sec. 7. Refusal of witness.
pending shall personally receive the court may order any or all of the issues in commissioner has and shall exercise the The refusal of a witness to obey a
evidence to be adduced by the parties. a case to be referred to a commissioner to power to regulate the proceedings in every subpoena issued by the commissioner or
However, in default or ex parte hearings, be agreed upon by the parties or to be hearing before him and to do all acts and to give evidence before him, shall be
and in any case where the parties agree in appointed by the court. As used in these take all measures necessary or proper for deemed a contempt of the court which
writing, the court may delegate the Rules, the word "commissioner" includes a the efficient performance of his duties appointed the commissioner.
reception of evidence to its clerk of court referee, an auditor and an examiner. under the order. He may issue subpoenas
who is a member of the bar. The clerk of and subpoenas duces tecum, swear Sec. 8. Commissioner shall avoid delays.
court shall have no power to rule on Sec. 2. Reference ordered on motion. witnesses, and unless otherwise provided It is the duty of the commissioner to
objections to any question or to the When the parties do not consent, the in the order of reference, he may rule upon proceed with all reasonable diligence.
admission of exhibits, which objections court may, upon the application of either the admissibility of evidence. The trial or Either party, on notice to the parties and
shall be resolved by the court upon or of its own motion, direct a reference to hearing before him shall proceed in all commissioner, may apply to the court for
submission of his report and the a commissioner in the following cases: respects as it would if held before the an order requiring the commissioner to
transcripts within ten (10) days from (a) When the trial of an issue of fact court. expedite the proceedings and to make his
termination of the hearing. requires the examination of a long report.
 requiring the parties to present further nullity or annulment of marriage or for party is entitled to a judgment as a matter
Sec. 9. Report of commissioner. evidence before the commissioner or the legal separation, the material facts alleged of law.
Upon the completion of the trial or court. in the complaint shall always be proved.
hearing or proceeding before the Sec. 4. Case not fully adjudicated on
commissioner, he shall file with the court Sec. 12. Stipulations as to findings. RULE 35 motion.
his report in writing upon the matters When the parties stipulate that a SUMMARY JUDGMENTS If on motion under this Rule, judgment is
submitted to him by the order of commissioner’s findings of fact shall be Section 1. Summary judgment for not rendered upon the whole case or for
reference. When his powers are not final, only questions of law shall thereafter claimant. all the reliefs sought and a trial is
specified or limited, he shall set forth his be considered. A party seeking to recover upon a claim, necessary, the court at the hearing of the
findings of fact and conclusions of law in counterclaim, or cross-claim or to obtain motion, by examining the pleadings and
his report. He shall attach thereto all Sec. 13. Compensation of commissioner. a declaratory relief may, at any time after the evidence before it and by interrogating
exhibits, affidavits, depositions, papers The court shall allow the commissioner the pleading in answer thereto has been counsel shall ascertain what material facts
and the transcript, if any, of the such reasonable compensation as the served, move with supporting affidavits, exist without substantial controversy and
testimonial evidence presented before circumstances of the case warrant, to be depositions or admissions for a summary what are actually and in good faith
him. taxed as costs against the defeated party, judgment in his favor upon all or any part controverted. It shall thereupon make an
or apportioned, as justice requires. thereof. order specifying the facts that appear
Sec. 10. Notice to parties of the filing of without substantial controversy,
report. RULE 33 Sec. 2. Summary judgment for defending including the extent to which the amount
Upon the filing of the report, the parties DEMURRER TO EVIDENCE party. of damages or other relief is not in
shall be notified by the clerk, and they Section 1. Demurrer to evidence. A party against whom a claim, controversy, and directing such further
shall be allowed ten (l0) days within which After the plaintiff has completed the counterclaim, or cross-claim is asserted or proceedings in the action as are just. The
to signify grounds of objections to the presentation of his evidence, the a declaratory relief is sought may, at any facts so specified shall be deemed
findings of the report, if they so desire. defendant may move for dismissal on the time, move with supporting affidavits, established, and the trial shall be
Objections to the report based upon ground that upon the facts and the law the depositions or admissions for a summary conducted on the controverted facts
grounds which were available to the plaintiff has shown no right to relief. If his judgment in his favor as to all or any part accordingly.
parties during the proceedings before the motion is denied, he shall have the right thereof.
commissioner, other than objections to to present evidence. If the motion is Sec. 5. Form of affidavits and supporting
the findings and conclusions therein set granted but on appeal the order of Sec. 3. Motion and proceedings thereon. papers.
forth, shall not be considered by the court dismissal is reversed he shall be deemed to The motion shall be served at least ten (10) Supporting and opposing affidavits shall
unless they were made before the have waived the right to present evidence. days before the time specified for the be made on personal knowledge, shall set
commissioner. hearing. The adverse party may serve forth such facts as would be admissible in
RULE 34 opposing affidavits, depositions, or evidence, and shall show affirmatively that
Sec. 11. Hearing upon report. JUDGMENT ON THE PLEADINGS admissions at least three (3) days before the affiant is competent to testify to the
Upon the expiration of the period of ten Section 1. Judgment on the pleadings. the hearing. After the hearing, the matters stated therein. Certified true
(l0) days referred to in the preceding Where an answer fails to tender an issue, judgment sought shall be rendered copies of all papers or parts thereof
section, the report shall be set for hearing, or otherwise admits the material forthwith if the pleadings, supporting referred to in the affidavit shall be
after which the court shall issue an order allegations of the adverse party’s pleading, affidavits, depositions, and admissions on attached thereto or served therewith.
adopting, modifying, or rejecting the the court may, on motion of that party, file, show that, except as to the amount of
report in whole or in part, or direct judgment on such pleading. damages, there is no genuine issue as to
recommitting it with instructions, or However, in actions for declaration of any material fact and that the moving
 signed by the clerk, with a certificate that the benefit thereof to the party in whose
Sec. 6. Affidavits in bad faith. such judgment or final order has become favor the judgment is rendered. Sec. 2. Contents of motion for new trial or
Should it appear to its satisfaction at any final and executory. reconsideration and notice thereof.
time that any of the affidavits presented Sec. 6. Judgment against entity without The motion shall be made in writing
pursuant to this Rule are presented in bad Sec. 3. Judgment for or against one or juridical personality. stating the ground or grounds therefor, a
faith, or solely for the purpose of delay, the more of several parties. When judgment is rendered against two written notice of which shall be served by
court shall forthwith order the offending Judgment may be given for or against one or more persons sued as an entity without the movant on the adverse party.
party or counsel to pay to the other party or more of several plaintiffs, and for or juridical personality, the judgment shall A motion for new trial shall be proved in
the amount of the reasonable expenses against one or more of several defendants. set out their individual or proper names, if the manner provided for proof of motions.
which the filing of the affidavits caused When justice so demands, the court may known. A motion for the cause mentioned in
him to incur, including attorney’s fees. It require the parties on each side to file paragraph (a) of the preceding section
may, after hearing, further adjudge the adversary pleadings as between RULE 37 shall be supported by affidavits of merits
offending party or counsel guilty of themselves and determine their ultimate NEW TRIAL OR RECONSIDERATION which may be rebutted by affidavits. A
contempt. rights and obligations. Section 1. Grounds of and period for filing motion for the cause mentioned in
motion for new trial or reconsideration. paragraph (b) shall be supported by
RULE 36 Sec. 4. Several judgments. Within the period for taking an appeal, affidavits of the witnesses by whom such
JUDGMENTS, FINAL ORDERS AND In an action against several defendants, the aggrieved party may move the trial evidence is expected to be given, or by
ENTRY THEREOF the court may, when a several judgment is court to set aside the judgment or final duly authenticated documents which are
Section 1. Rendition of judgments and proper, render judgment against one or order and grant a new trial for one or more proposed to be introduced in evidence.
final orders. more of them, leaving the action to of the following causes materially A motion for reconsideration shall point
A judgment or final order determining the proceed against the others. affecting the substantial rights of said out specifically the findings or conclusions
merits of the case shall be in writing party: of the judgment or final order which are
personally and directly prepared by the Sec. 5. Separate judgments. not supported by the evidence or which
judge, stating clearly and distinctly the When more than one claim for relief is (a) Fraud, accident, mistake or excusable are contrary to law, making express
facts and the law on which it is based, presented in an action, the court, at any negligence which ordinary prudence reference to the testimonial or
signed by him, and filed with the clerk of stage, upon a determination of the issues could not have guarded against and by documentary evidence or to the
the court. material to a particular claim and all reason of which such aggrieved party has provisions of law alleged to be contrary to
counterclaims arising out of the probably been impaired in his rights; or such findings or conclusions.
Sec. 2. Entry of judgments and final transaction or occurrence which is the (b) Newly discovered evidence, which he A pro forma motion for new trial or
orders. subject matter of the claim, may render a could not, with reasonable diligence, have reconsideration shall not toll the
If no appeal or motion for new trial or separate judgment disposing of such discovered and produced at the trial, and reglementary period of appeal.
reconsideration is filed within the time claim. The judgment shall terminate the which if presented would probably alter
provided in these Rules, the judgment or action with respect to the claim so the result. Sec. 3. Action upon motion for new trial or
final order shall forthwith be entered by disposed of and the action shall proceed as Within the same period, the aggrieved reconsideration.
the clerk in the book of entries of to the remaining claims. In case a separate party may also move for reconsideration The trial court may set aside the judgment
judgments. The date of finality of the judgment is rendered, the court by order upon the grounds that the damages or final order and grant a new trial, upon
judgment or final order shall be deemed to may stay its enforcement until the awarded are excessive, that the evidence is such terms as may be just, or may deny the
be the date of its entry. The record shall rendition of a subsequent judgment or insufficient to justify the decision or final motion. If the court finds that excessive
contain the dispositive part of the judgments and may prescribe such order, or that the decision or final order is damages have been awarded or that the
judgment or final order and shall be conditions as may be necessary to secure contrary to law. judgment or final order is contrary to the
evidence or law, it may amend such all, of the parties to it, the court may order prevented from taking an appeal, he may adverse party all damages and costs that
judgment or final order accordingly. a new trial or grant reconsideration as to file a petition in such court and in the may be awarded to him by reason of
such issues if severable without interfering same case praying that the appeal be given issuance of such injunction or the other
Sec. 4. Resolution of motion. with the judgment or final order upon the due course. proceedings following the petition; but
A motion for new trial or reconsideration rest. such injunction shall not operate to
shall be resolved within thirty (30) days Sec. 3. Time for filing petition; contents discharge or extinguish any lien which the
from the time it is submitted for Sec. 8. Effect of order for partial new trial. and verification. adverse party may have acquired upon the
resolution. When less than all of the issues are A petition provided for in either of the property of the petitioner.
ordered retried, the court may either enter preceding sections of this Rule must be
Sec. 5. Second motion for new trial. a judgment or final order as to the rest, or verified, filed within sixty (60) days after Sec. 6. Proceedings after answer is filed.
A motion for new trial shall include all stay the enforcement of such judgment or the petitioner learns of the judgment, final After the filing of the answer or the
grounds then available and those not so final order until after the new trial. order, or other proceeding to be set aside, expiration of the period therefor, the court
included shall be deemed waived. A and not more than six (6) months after shall hear the petition and if after such
second motion for new trial, based on a Sec. 9. Remedy against order denying a such judgment or final order was entered, hearing, it finds that the allegations
ground not existing nor available when motion for new trial or reconsideration. or such proceeding was taken; and must thereof are not true, the petition shall be
the first motion was made, may be filed An order denying a motion for new trial or be accompanied with affidavits showing dismissed; but if it finds said allegations to
within the time herein provided excluding reconsideration is not appealable, the the fraud, accident, mistake, or excusable be true, it shall set aside the judgment or
the time during which the first motion remedy being an appeal from the negligence relied upon, and the facts final order or other proceedings
had been pending. judgment or final order. constituting the petitioner's good and complained of upon such terms as may be
No party shall be allowed a second motion substantial cause of action or defense, as just. Thereafter the case shall stand as if
for reconsideration of a judgment or final RULE 38 the case may be. such judgment, final order or other
order. RELIEF FROM JUDGMENTS, ORDERS, proceeding had never been rendered,
OR OTHER PROCEEDINGS Sec. 4. Order to file an answer. issued or taken. The court shall then
Sec. 6. Effect of granting of motion for new Section 1. Petition for relief from If the petition is sufficient in form and proceed to hear and determine the case as
trial. judgment, order, or other proceedings. substance to justify relief, the court in if a timely motion for a new trial or
If a new trial is granted in accordance with When a judgment or final order is entered, which it is filed, shall issue an order reconsideration had been granted by it.
the provisions of this Rule, the original or any other proceeding is thereafter requiring the adverse parties to answer the
judgment or final order shall be vacated, taken against a party in any court through same within fifteen (15) days from the Sec. 7. Procedure where the denial of an
and the action shall stand for trial de novo; fraud, accident, mistake, or excusable receipt thereof. The order shall be served appeal is set aside.
but the recorded evidence taken upon the negligence, he may file a petition in such in such manner as the court may direct, Where the denial of an appeal is set aside,
former trial, in so far as the same is court and in the same case praying that together with copies of the petition and the lower court shall be required to give
material and competent to establish the the judgment, order or proceeding be set the accompanying affidavits. due course to the appeal and to elevate the
issues, shall be used at the new trial aside. record of the appelaed case as if a timely
without retaking the same. Sec. 5. Preliminary injunction pending and proper appeal had been made.
Sec. 2. Petition for relief from denial of proceedings.
Sec.7. Partial new trial or reconsideration. appeal. The court in which the petition is filed,
If the grounds for a motion under this Rule When a judgment or final order is may grant such preliminary injunction as
appear to the court to affect the issues as rendered by any court in a case, and a may be necessary for the preservation of
to only a part, or less than all of the matter party thereto, by fraud, accident, mistake, the rights of the parties, upon the filing by
in controversy, or only one, or less than or excusable negligence, has been the petitioner of a bond in favor of the
RULE 39 After the trial court has lost jurisdiction, The stay of execution shall be upon such the judgment be for the recovery of real or
EXECUTION, SATISFACTION AND the motion for execution pending appeal terms as to bond or otherwise as may be personal property, or the enforcement of
EFFECT OF JUDGMENTS may be filed in the appellate court. considered proper for the security or the lien thereon;
Section 1. Execution upon judgments or Discretionary execution may only issue protection of the rights of the adverse (c) In case of the death of the judgment
final orders. upon good reasons to be stated in a special party. obligor, after execution is actually levied
Execution shall issue as a matter of right, order after due hearing. upon any of his property, the same may be
on motion, upon a judgment or order that (b) Execution of several, separate or Sec. 5. Effect of reversal of executed sold for the satisfaction of the judgment
disposes of the action or proceeding upon partial judgments.— A several separate or judgment. obligation, and the officer making the sale
the expiration of the period to appeal partial judgment may be executed under Where the executed judgment is reversed shall account to the corrsponding
therefrom if no appeal has been duly the same terms and conditions as totally or partially, or annulled, on appeal executor or administrator for any surplus
perfected. execution of a judgment or final order or otherwise, the trial court may, on in his hands.
If the appeal has been duly perfected and pending appeal. motion, issue such orders of restitution or
finally resolved, the execution may reparation of damages as equity and Sec. 8. Issuance, form and contents of a
forthwith be applied for in the court of Sec. 3. Stay of discretionary execution. justice may warrant under the writ of execution.
origin, on motion of the judgment obligee, Discretionary execution issued under the circumstances. The writ of execution shall: (1) issue in the
submitting therewith certified true copies preceding section may be stayed upon name of the Republic of the Philippines
of the judgment or judgments or final approval by the proper court of a sufficient Sec. 6. Execution by motion or by from the court which granted the motion;
order or orders sought to be enforced and supersede as bond filed by the party independent action. (2) state the name of the court, the case
of the entry thereof, with notice to the against whom it is directed, conditioned A final and executory judgment or order number and title, the dispositive part of
adverse party. upon the performance of the judgment or may be executed on motion within five (5) the subject judgment or order; and (3)
The appellate court may, on motion in the order allowed to be executed in case it years from the date of its entry. After the require the sheriff or other proper officer
same case, when the interest of justice so shall be finally sustained in whole or in lapse of such time, and before it is barred to whom it is directed to enforce the writ
requires, direct the court of origin to issue part. The bond thus given may be by the statute of limitations, a judgment according to its terms, in the manner
the writ of execution. proceeded against on motion with notice may be enforced by action. The revived herein after provided:
to the surety. judgment may also be enforced by motion (a) If the execution be against the property
Sec. 2. Discretionary execution. within five (5) years from the date of its of the judgment obligor, to satisfy the
(a) Execution of a judgment or final order Sec. 4. Judgments not stayed by appeal. entry and thereafter by action before it is judgment, with interest, out of the real or
pending appeal.— On motion of the Judgments in actions for injunction, barred by the statute of limitations. personal property of such judgment
prevailing party will notice to the adverse receivership, accounting and support, and obligor;
party filed in the trial court while it has such other judgments as are now or may Sec. 7. Execution in case of death of party. (b) If it be against real or personal
jurisdiction over the case and is in hereafter be declared to be immediately In case of the death of party, execution property in the jands of personal
possession of either the original record or executory, shall be enforceable after their may issue or be enforced in the following representatives, heirs, devisees, legatees,
the record on appeal, as the case may be, rendition and shall not be stayed by an manner: tenants, or trustees of the judgment
at the time of the filing of such motion, appeal taken therefrom, unless otherwise (a) In case of the death of the judgment obligor, to satisfy the judgment, with
said court may, in its discretion, order ordered by the trial court. On appeal obligee, upon the application of his interest, out of such properties;
execution of a judgment or final order therefrom, the appellate court in its executor or administrator, or successor in (c) If it be for the sale of real or personal
even before the expiration of the period to discretion may make an order suspending, interest; property, to sell such property, describing
appeal. modifying, restoring or granting the (b) In case of the death of the judgment it, and apply the proceeds in conformity
injunction, receivership, accounting, or obligor, against his executor or with the judgment, the material parts of
award of support. administrator or successor in interest, if
which shall be recited in the writ of If the judgment obligee or his authorized officer shall first levy on the personal satisfy the amount of the judgment. If not,
execution; representative is not present to receive properties, if any, an then on the real the report shall state how much funds or
(d) If it be for the delivery of the payment, the judgment obligor shall properties if the personal properties are credits the garnishee holds for the
possession of real or personal property, to deliver the aforesaid payment to the insufficient to answer for the judgment. judgment obligor. The garnished amount
deliver the possession of the same, executing sheriff. The latter shall turn over The sheriff shall sell only a sufficient in cash, or certified bank check issued in
describing it, to the party entitled thereto, all the amounts coming into his portion of the personal or real property of the name of the judgment obligee, shall be
and to satisfy any costs, damages, rents, or possesssion within the same day to the the judgment obligor which has been delivered directly to the judgment obligee
profits covered by the judgment out of the clerk of court of the court that issued the levied upon. within ten (10) working days from service
personal property of the person against writ, or if the same is not practicable, When there is more property of the of notice on said garnishing requiring
whom it was rendered, and if sufficient deposit said amount to a fiduciary account judgment obligor than is sufficient to such delivery, except the lawful fees which
personal property cannot be found, then in the nearest government depository satisfy the judgment and lawful fees, he shall be paid directly to the court.
out of the real property; and bank of the Regional Trial Court of the must sell only so much of the personal or In the event there are two or more
(e) In all cases, the writ of execution shall locality. real property as is sufficient to satisfy the garnishees holding deposits or credits
specifically state the amount of the The clerk of court shall thereafter arrange judgment and lawful fees. sufficient to satisfy the judgment, the
interest, costs, damages, rents, or profits for the remittance of the deposit to the Real property, stocks, shares, debts, judgment obligor, if available, shall have
due as of the date of the issuance of the account of the court that issued the writ credits, and other personal property, or the right to indicate the garnishee or
writ, aside from the principal obligation whose clerk of court shall then deliver said any interest in either real or persoanl garnishees who shall be required to
under the judgment. For this purpose, the payment to the judgment obligee in property, may be levied upon in like deliver the amount due; otherwise, the
motion for execution shall specify the satisfactionn of the judgmen. The excess, manner and with like effect as under a writ choice shall be made by the judgment
amounts of the foregoing reliefs sought by if any, shall be delivered to the judgment of attachment. obligee.
the movant. obligor while the lawful fees shall be (c) Garnishment of debts and credits. - The executing sheriff shall observe the
retained by the clerk of court for The officer may levy on debts due the same procedure under paragraph (a) with
Sec. 9. Execution of judgments for money, disposition as provided by law. In no case judgment obligor and other credits, respect to delivery of payment to the
how enforced. shall the executing sheriff demand that including bank deposits, financial judgment obligee.
(a) Immediate payment on demand. - The any payment by check be made payable to interests, royalties, commissions and
officer shall enforce an execution of a him. other personal property not capable of Sec. 10. Execution of judgments for
judgment for money by demanding from (b) Satisfaction by levy. - If the judgment manual delivery in the posssession or specific act.
the judgment obligor the immediate obligor cannot pay all or part of the control of third parties. Levy shall be made (a) Conveyance, delivery of deeds, or other
payment of the full amount stated in the obligation in cash, certified bank check or by serving notice upon the person owing specific acts; vesting title. - If a judgment
writ of execution and all lawful fees. The other mode of payment acceptable to the such debts or having in his possession or directs a party who execute a conveyance
judgment obligor shall pay in cash, judgment obligee, the officer shall levy control such credits to which the of land or personal property, or to deliver
certified bank check payable to the upon the properties of the judgment judgment obligor is entitled. The deeds or other documents, or to perform
judgment obligee or his authorized obligor of every kind and nature garnishment shall cover only such amount any other specific act in connection
representative if present at the time of whatsoever which may be disposed of for as will satisfy the judgment and all lawful therewith, and the party fails to comply
payment. The lawful fees shall be handed value and not otherwise exempt from fees. within the time specified, the court may
under proper receipt to the executing execution giving the latter the option to The garnishee shall make a written report direct the act to be done at the cost of the
sheriff who shall turn over the said immediately choose which property or to the court within five (5) days from disobedient party by some other person
amount within the same day to the clerk part thereof may be levied upon, sufficient service of the notice of garnishment appointed by the court and the act when
of court of the court that issued the writ. to satisfy the judgment. If the judgment stating whether or not the judgment so done shall have like effect as if done by
obligor does not exercise the option, the obligor has sufficient funds or credits to the party. If real or personla property is
situated within the Philippines, the court remove the same within a reasonable time (b) Ordinary tools and implements support, or any pension or gratuity from
in lieu of directing a conveyance thereof fixed by the court. personally used by him in hs trade, the Government;
may be an order divest the title of any (e) Delivery of personal property.- In employment, or livelihood; (m) Properties specially exempt by law.
party and vest it in others, which shall judgments for the delivery of personal (c) Three horses, or three cows, or three But no article or species of property
have the force and effect of a conveyance property, the officer shall take possession carabaos, or other beasts of burden such mentioned in his section shall be exempt
executed in due form of law. of the same and forthwith deliver it to the as the judgment obligor may select from executio issued upon a judgment
(b) Sale of real or personal property.— If party entitled thereto and satisfy any necessarily used by him in his ordinary recovered for its price or upon a judgment
the judgment be for the sale of real or judgment for money as therein provided. occupation; of foreclosure of a mortgage thereon.
personal property, to sell such property, (d) His necessary clothing and articles for
describing it, and apply the proceeds in Sec. 11. Execution of special judgments. ordinary personal use, excluding jewelry; Sec. 14. Return of writ of execution.
conformity with the judgment. When a judgment requires the (e) Household furniture and utensils The writ of execution shall be returnable
(c) Delivery or restitution of real performance of any act other than those necessary for housekeeping, and used for to the court issuing it immediately after
property.- The officer shall demand of the mentioned in the two preceding sections, that purpose by the judgment obligor and the judgment has been satisfied in part or
person against whom the judgment for the a certified copy of the judgment shall be his family, such as the judgment obligor in full. If the judgment cannot be satisfied
delivery or restitution of real property is attached to the writ of execution and shall may select, of a value not exceeding one in full within thirty (30) days after his
rendered and all person claiming rights be served by the officer upon the party hundred thousand pesos; receipt of the writ, the officer shall report
under him to peaceably vacate the against whom the same is rendered, or (f) Provisions for individual or family use to the court and state the reason therefor.
property within three (3) working days, upon any other person required thereby, sufficient for four months; Such writ shall continue in effect during
and restore possession thereof to the or by law, to obey the same, and such party (g) The professional libraries and the period within which the judgment
judgment obligee; otherwise, the officer or person may be punished for contempt equipment of judges, lawyers, physicians, may be enforced by motion. The officer
shall oust and such persons therefrom if he disobeys such judgment. pharmacists, dentists, engineers, shall make a report to the court every
with the assistance, if necessary of surveyors, clergymen, teachers, and other thirty (30) days on the proceedings taken
appropriate peace officers, and employing Sec. 12. Effect of levy on execution as to professionals, not exceeding three thereon until the judgment is satisfied in
such means as may be reasonably third persons. hundred thousand pesos in value; full, or its effectivity expires. The returns
necessary to retake possession, and place The levy on execution shall create a lien in (h) One fishing boat and accessories not or periodic reports shall set forth the
the judgment obligee in possession of favor of the judgment obligee over the exceeding the total value of one hundred whole of the proceedings taken, and shall
such property. Any costs, damages, rents right, title and interest of the judgment thousand pesos owned by a fisherman and be filed with the court and copies thereof
or profits awarded by the judgment shall obligor in such property at the time of the by the lawful use of which he earns his promptly furnished the parties.
be satisfied in the same manner as a levy, subject to liens and encumbrances livelihood;
judgment for money. then existing. (i) So much of the salaries, wages, or Sec. 15. Notice of sale of property on
(d) Removal of improvements on property earnings of the judgment obligor of his execution.
subject of execution.- When the property Sec. 13. Property exempt from execution. personal services within the four months Before the sale of property on execution,
subject of the execution contains Except as otherwise expressly provided by preceding the levy as are necessary for the notice thereof must be given as follows:
improvements constructed or planted by law, the following property, and no other, support of his family; (a) In case of perishable property, by
the judgment obligor or his agent, the shall be exempt from execution: (j) Lettered gravestones; posting written notice of the time and
officer shall not destroy, demolish or (a) The judgment obligor's family home as (k) Monies benefits, privileges, or place of the sale in three (3) public places,
remove said improvements except upon provided by law, or the homestead in annuities accruing or in any manner preferably in conspicuous areas of the
special order of the court issued upon which he resides, and land necessarily growing out of any life insurance; municipal or city hall, post office and
motion of the judgment obligee after due used in connection therewith; (l) The right to receive legal support, or public market in the municipality or city
hearing and after the former has failed to money or property obtained as such where the sale is to take place, for such
time as may be reasonable, considering which issued the writ or which was third-party claimant who filed a frivolous Sec. 19. How property sold on execution;
the character and condition of the designated by the appellate court. In the or plainly spurious claim. who may direct manner and order of sale.
property; case of personal property capable of When the writ of execution is issued in All sales of property under execution must
(b) In case of other personal property, by manual delivery, the sale shall be held in favor of the Republic of the Philippines, or be made at public auction, to the highest
posting a similar notice in the three (3) the place where the property is located. any officer duly representing it, the filing bidder, to start at the exact time fixed in
public places above-mentioned for not of such bond shall not be required, and in the notice. After sufficient property has
less than five (5) days; Sec. 16. Proceedings where property case the sheriff or levying officer is sued been sold to satisfy the execution, no more
(c) In case of real property, by posting for claimed by third person. for damages as a result of the levy, he shall shall be sold and any excess property or
twenty (20) days in the three (3) public If the property levied on is claimed by any be represented by the Solicitor General proceeds of the sale shall be promptly
places above-mentioned a similar notice person other than the judgment obligor or and if held liable therefor, the actual delivered to the judgment obligor or his
particularly describing the property and his agent, and such person makes an damages adjudged by the court shall be authorized representative, unless
stating where the property is to be sold, affidavit of his title thereto or right to the paid by the National Treasurer out of such otherwise directed by the judgment or
and if the assessed value of the property possession thereof, stating the grounds of funds as may be appropriated for the order of the court. When the sale is of real
exceeds fifty thousand (P50,000.00) pesos, such right or title, and serves the same purpose. property, consisting of several known lots,
by publishing a copy of the notice once a upon the officer making the levy and a they must be sold separately; or, when a
week for two (2) consecutive weeks in one copy thereof upon the judgment obligee, Sec. 17. Penalty for selling without notice, portion of such real property is claimed by
newspaper selected by raffle, whether in the officer shall not be bound to keep the or removing or defacing notice. a third person, he may require it to be sold
English, Filipino, or any major regional property, unless such judgment obligee, An officer selling without the notice separately. When the sale is of personal
language published, edited and circulated on demand of the officer, files a bond prescribed by section 15 of this Rule shall property capable of manual delivery, it
or, in the absence thereof, having general approved by the court to indemnify the be liable to pay punitive damages in the must be sold within view of those
circulation in the province or city; third-party claimant in a sum not less than amount of five thousand (P5,000.00) attending the same and in such parcels as
(d) In all cases, written notice of the sale the value of the property levied on. In case pesos to any person injured thereby, in are likely to bring the highest price. The
shall be given to the judgment obligor, at of disagreement as to such value, the same addition to his actual damages, both to be judgment obligor, if present at the sale,
least three (3) days before the sale, except shall be determined by the court issuing recovered by motion in the same action; may direct the order in which property,
as provided in paragraph (a) hereof where the writ of execution. No claim for and a person willfully removing or real or personal, shall be sold, when such
notice shall be given at any time before the damages for the taking or keeping of the defacing the notice posted, if done before property consists of several known lots or
sale, in the same manner as personal property may be enforced against the the sale, or before the satisfaction of the parcels which can be sold to advantage
service of pleadings and other papers as bond unless the action therefor is filed judgment if it be satisfied before the sale, separately. Neither the officer conducting
provided by Section 6 of Rule 13. within one hundred twenty (120) days shall be liable to pay five thousand the execution sale, nor his deputies, can
The notice shall specify the place, date and from the date of the filing of the bond. (P5,000.000) pesos to any person injured become a purchaser, nor be interested
exact time of the sale which should not be The officer shall not be liable for damages by reason thereof, in addition to his actual directly or indirectly in any purchase at
earlier than nine o’clock in the morning for the taking or keeping of the property, damages, to be recovered by motion in the such sale.
and not later than two o’clock in the to any third-party claimant if such bond is same action.
afternoon. The place of the sale may be filed. Nothing herein contained shall Sec. 20. Refusal of purchaser to pay.
agreed upon by the parties. In the absence prevent such claimant or any third person Sec. 18. No sale if judgment and costs paid. If a purchaser refuses to pay the amount
of such agreement, the sale of real from vindicating his claim to the property At any time before the sale of property on bid by him for property struck off to him
property or personal property not capable in a separate action, or prevent the execution, the judgment obligor may at a sale under execution, the officer may
of manual delivery shall be held in the judgment obligee from claiming damages prevent the sale by paying the amount again sell the property to the highest
office of the clerk of court of the Regional in the same or a separate action against a required by the execution and the costs bidder and shall not be responsible for any
Trial Court or the Municipal Trial Court that have been incurred therein. loss occasioned thereby; but the court may
order the refusing purchaser to pay into purchaser and, if desired, execute and may have paid thereon after purchase, and
the court the amount of such loss, with deliver to him a certificate of sale. The sale Sec. 26. Certificate of sale where property interest on such last named amount at the
costs, and may punish him for contempt if conveys to the purchaser all the rights claimed by third person. same rate; and if the purchaser be also a
he disobeys the order. The amount of such which the judgment obligor had in such When a property sold by virtue of a writ of creditor having a prior lien to that of the
payment shall be for the benefit of the property as of the date of the levy on execution has been claimed by a third redemptioner, other than the judgment
person entitled to the proceeds of the execution or preliminary attachment. person, the certificate of sale to be issued under which such purchase was made, the
execution, unless the execution has been by the sheriff pursuant to sections 23, 24 amount of such other lien, with interest.
fully satisfied, in which event such Sec. 24. Conveyance to purchaser of and 25 of this Rule shall make express Property so redeemed may again be
proceeds shall be for the benefit of the personal property not capable of manual mention of the existence of such third- redeemed within sixty (60) days after the
judgment obligor. The officer may delivery. party claim. last redemption upon payment of the sum
thereafter reject any subsequent bid of When the purchaser of any personal paid on the last redemption, with two per
such purchaser who refuses to pay. property, not capable of manual delivery, Sec. 27. Who may redeem real property so centum thereon in addition, and the
pays the purchase price, the officer sold. amount of any assessments or taxes which
Sec. 21. Judgment obligee as purchaser. making the sale must execute and deliver Real property sold as provided in the last the last redemptioner may have paid
When the purchaser is the judgment to the purchaser a certificate of sale. Such preceding section, or any part thereof sold thereon after redemption by him, with
obligee, and no third-party claim has been certificate conveys to the purchaser all the separately, may be redeemed in the interest on such last-named amount, and
filed, he need not pay the amount of the rights which the judgment obligor had in manner hereinafter provided, by the in addition, the amount of any liens held
bid if it does not exceed the amount of his such property as of the date of the levy on following persons: by said last redemptioner prior to his own,
judgment. If it does, he shall pay only the execution or preliminary attachment. (a) The judgment obligor, or his successor with interest. The property may be again,
excess. in interest in the whole or any part of the and as often as a redemptioner is so
Sec. 25. Conveyance of real property; property; disposed, redeemed from any previous
Sec. 22. Adjournment of sale. certificate thereof given to purchaser and (b) A creditor having a lien by virtue of an redemptioner within sixty (60) days after
By written consent of the judgment filed with registry of deeds. attachment, judgment or mortgage on the the last redemption, on paying the sum
obligor and obligee, or their duly Upon a sale of real property, the officer property sold, or on some part thereof, paid on the last previous redemption, with
authorized representatives, the officer must give to the purchaser a certificate of subsequent to the lien under which the two per centum thereon in addition, and
may adjourn the sale to any date and time sale containing: property was sold. Such redeeming the amounts of any assessments or taxes
agreed upon by them. Without such (a) A particular description of the real creditor is termed a redemptioner. which the last previous redemptioner paid
agreement, he may adjourn the sale from property sold; Sec. 28. Time and manner of, and amounts after the redemption thereon, with
day to day if it becomes necessary to do so (b) The price paid for each distinct lot or payable on, successive redemptions; interest thereon, and the amount of any
for lack of time to complete the sale on the parcel; notice to be given and filed. liens held by the last redemptioner prior
day fixed in the notice or the day to which (c) The whole price paid by him; The judgment obligor, or redemptioner, to his own, with interest.
it was adjourned. (d) A statement that the right of may redeem the property from the Written notice of any redemption must be
redemption expires one (1) year from the purchaser, at any time within one (1) year given to the officer who made the sale and
Sec. 23. Conveyance to purchaser of date of the registration of the certificate of from the date of the registration of the a duplicate filed with the registry of deeds
personal property capable of manual sale. certificate of sale, by paying the purchaser of the place, and if any assessments or
delivery. Such certificate must be registered in the the amount of his purchase, with one per taxes are paid by the redemptioner or if he
When the purchaser of any personal registry of deeds of the place where the centum per month interest thereon in has or acquires any lien other than that
property, capable of manual delivery, pays property is situated. addition, up to the time of redemption, upon which the redemption was made,
the purchase price, the officer making the together with the amount of any notice thereof must in like manner be
sale must deliver the property to the assessments or taxes which the purchaser given to the officer and filed with the
registry of deeds; if such notice be not mortgage or other lien, a memorandum of to recover the possession thereof, or is
filed, the property may be redeemed the record thereof, certified by the Sec. 33. Deed and possession to be given at evicted therefrom, in consequence of
without paying such assessments, taxes, or registrar of deeds; or an original or expiration of redemption period; by whom irregularities in the proceedings
liens. certified copy of any assignment necessary executed or given. concerning the sale, or because the
to establish his claim; and an affidavit If no redemption be made within one (1) judgment has been reversed or set aside,
Sec. 29. Effect of redemption by judgment executed by him or his agent, showing the year from the date of the registration of or because the property sold was exempt
obligor, and a certificate to be delivered amount then actually due on the lien. the certificate of sale, the purchaser is from execution, or because a third person
and recorded thereupon; to whom entitled to a conveyance and possession of has vindicated his claim to the property,
payments on redemption made. Sec. 31. Manner of using premises pending the property; or, if so redeemed whenever he may on motion in the same action or in
If the judgment obligor redeems, he must redemption; waste restrained. sixty (60) days have elapsed and no other a separate action recover from the
make the same payments as are required Until the expiration of the time allowed redemption has been made, and notice judgment obligee the price paid, with
to effect a redemption by a redemptioner, for redemption, the court may, as in other thereof given, and the time for interest, or so much thereof as has not
whereupon, no further redemption shall proper cases, restrain the commission of redemption has expired, the last been delivered to the judgment obligor; or
be allowed and he is restored to his estate. waste on the property by injunction, on redemptioner is entitled to the he may, on motion, have the original
The person to whom the redemption the application of the purchaser or the conveyance and possession; but in all judgment revived in his name for the
payment is made must execute and deliver judgment obligee, with or without notice; cases the judgment obligor shall have the whole price with interest, or so much
to him a certificate of redemption but it is not waste for a person in entire period of one (1) year from the date thereof as has been delivered to the
acknowledged before a notary public or possession of the property at the time of of the registration of the sale to redeem judgment obligor. The judgment so
other officer authorized to take the sale, or entitled to possession the property. The deed shall be executed revived shall have the same force and
acknowledgments of conveyances of real afterwards, during the period allowed for by the officer making the sale or by his effect as an original judgment would have
property. Such certificate must be filed redemption, to continue to use it in the successor in office, and in the latter case as of the date of the revival and no more.
and recorded in the registry of deeds of the same manner in which it was previously shall have the same validity as though the
place in which the property is situated, used; or to use it in the ordinary course of officer making the sale had continued in Sec.35.Right to contribution or
and the registrar of deeds must note the husbandry; or to make the necessary office and executed it. reimbursement.
record thereof on the margin of the record repairs to buildings thereon while he Upon the expiration of the right of When property liable to an execution
of the certificate of sale. The payments occupies the property. redemption, the purchaser or against several persons is sold thereon,
mentioned in this and the last preceding redemptioner shall be substituted to and and more than a due proportion of the
sections may be made to the purchaser or Sec. 32. Rents, earnings and income of acquire all the rights, title, interest and judgment is satisfied out of the proceeds
redemptioner, or for him to the officer property pending redemption. claim of the judgment obligor to the of the sale of the property of one of them,
who made the sale. The purchaser or a redemptioner shall not property as of the time of the levy. The or one of them pays, without a sale, more
be entitled to receive the rents, earnings possession of the property shall be given than his proportion, he may compel a
Sec. 30. Proof required of redemptioner. and income of the property sold on to the purchaser or last redemptioner by contribution from the others; and when a
A redemptioner must produce to the execution, or the value of the use and the same officer unless a third party is judgment is upon an obligation of one of
officer, or person from whom he seeks to occupation thereof when such property is actually holding the property adversely to them, as security for another, and the
redeem, and serve with his notice to the in the possession of a tenant. All rents, the judgment obligor. surety pays the amount, or any part
officer a copy of the judgment or final earnings and income derived from the thereof, either by sale of his property or
order under which he claims the right to property pending redemption shall belong Sec. 34. Recovery of price if sale not before sale, he may compel repayment
redeem, certified by the clerk of the court to the judgment obligor until the effective; revival of judgment. from the principal.
wherein the judgment or final order is expiration of his period of redemption. If the purchaser of real property sold on
entered; or, if he redeems upon a execution, or his successor in interest, fails
 commissioner appointed by it, at a time judgment obligor may pay to the sheriff
Sec. 36. Examination of judgment obligor and place within the province or city holding the writ of execution the amount Sec. 42. Sale of ascertainable interest of
when judgment unsatisfied. where such debtor resides or is found, and of his debt or so much thereof as may be judgment obligor in real estate.
When the return of a writ of execution be examined concerning the same. The necessary to satisfy the judgment, in the If it appears that the judgment obligor has
issued against property of a judgment service of the order shall bind all credits manner prescribed in section 9 of this an interest in real estate in the place in
obligor, or any one of several obligors in due the judgment obligor and all money Rule, and the sheriff’s receipt shall be a which proceedings are had, as mortgagor
the same judgment, shows that the and property of the judgment obligor in sufficient discharge for the amount so or mortgagee or otherwise, and his
judgment remains unsatisfied, in whole or the possession or in the control of such paid or directed to be credited by the interest therein can be ascertained
in part, the judgment obligee, at any time person, corporation, or juridical entity judgment obligee on the execution. without controversy, the receiver may be
after such return is made, shall be entitled from the time of service; and the court ordered to sell and convey such real estate
to an order from the court which rendered may also require notice of such Sec. 40. Order for application of property or the interest of the obligor therein; and
the said judgment, requiring such proceedings to be given to any party to the and income to satisfaction of judgment. such sale shall be conducted in all respects
judgment obligor to appear and be action in such manner as it may deem The court may order any property of the in the same manner as is provided for the
examined concerning his property and proper. judgment obligor, or money due him, not sale of real estate upon execution, and the
income before such court or before a exempt from execution, in the hands of proceedings thereon shall be approved by
commissioner appointed by it, at a Sec. 38. Enforcement of attendance and either himself or another person, or of a the court before the execution of the deed.
specified time and place; and proceedings conduct of examination. corporation or other juridical entity, to be
may thereupon be had for the application A party or other person may be compelled, applied to the satisfaction of the Sec. 43. Proceedings when indebtedness
of the property and income of the by an order or subpoena, to attend before judgment, subject to any prior rights over denied or another person claims the
judgment obligor towards the satisfaction the court or commissioner to testify as such property. property.
of the judgment. But no judgment obligor provided in the two preceding sections, If, upon investigation of his current If it appears that a person or corporation,
shall be so required to appear before a and upon failure to obey such order or income and expenses, it appears that the alleged to have property of the judgment
court or commissioner outside the subpoena or to be sworn, or to answer as a earnings of the judgment obligor for his obligor or to be indebted to him, claims an
province or city in which such obligor witness or to subscribe his deposition, personal services are more than necessary interest in the property adverse to him or
resides or is found. may be punished for contempt as in other for the support of his family, the court may denies the debt, the court may authorize,
cases. Examinations shall not be unduly order that he pay the judgment in fixed by an order made to that effect, the
Sec. 37. Examination of obligor of prolonged, but the proceedings may be monthly installments, and upon his judgment obligee to institute an action
judgment obligor. adjourned from time to time, until they failure to pay any such installment when against such person or corporation for the
When the return of a writ of execution are completed. If the examination is due without good excuse, may punish him recovery of such interest or debt, forbid a
against the property of a judgment obligor before a commissioner, he must take it in for indirect contempt. transfer or other disposition of such
shows that the judgment remains writing and certify it to the court. All interest or debt within one hundred
unsatisfied, in whole or in part, and upon examinations and answers before a court Sec. 41. Appointment of receiver. twenty (120) days from notice of the order,
proof to the satisfaction of the court which or commissioner must be under oath, and The court may appoint a receiver of the and may punish disobedience of such
issued the writ, that a person, corporation, when a corporation or other juridical property of the judgment obligor; and it order as for contempt. Such order may be
or other juridical entity has property of entity answers, it must be on the oath of may also forbid a transfer or other modified or vacated at any time by the
such judgment obligor or is indebted to an authorized officer or agent thereof. disposition of, or any interference with, court which issued it, or by the court in
him, the court may, by an order, require Sec. 39. Obligor may pay execution against the property of the judgment obligor not which the action is brought, upon such
such person, corporation, or other obligee. exempt from execution. terms as may be just.
juridical entity, or any officer or member After a writ of execution against property
thereof, to appear before the court or a has been issued, a person indebted to the
Sec. 44. Entry of satisfaction of judgment Sec. 48. Effect of foreign judgments or
by clerk of court. Sec. 47. Effect of judgments or final orders. final orders.
Satisfaction of a judgment shall be entered The effect of a judgment or final order The effect of a judgment or final order of a
by the clerk of court in the court docket, rendered by a court of the Philippines, tribunal of a foreign country, having
and in the execution book, upon the having jurisdiction to pronounce the jurisdiction to render the judgment or
return of a writ of execution showing the judgment or final order, may be as final order is as follows:
full satisfaction of the judgment, or upon follows: (a) In case of a judgment or final order
the filing of an admission to the (a) In case of a judgment or final order upon a specific thing, the judgment or
satisfaction of the judgment executed and against a specific thing, or in respect to the final order is conclusive upon the title to
acknowledged in the same manner as a probate of a will, or the administration of the thing; and
conveyance of real property by the the estate of a deceased person, or in (b) In case of a judgment or final order
judgment obligee or by his counsel unless respect to the personal, political, or legal against a person, the judgment or final
a revocation of his authority is filed, or condition or status of a particular person order is presumptive evidence of a right as
upon the endorsement of such admission or his relationship to another, the between the parties and their successors
by the judgment obligee or his counsel on judgment or final order is conclusive upon in interest by a subsequent title.
the face of the record of the judgment. the title to the thing, the will or In either case, the judgment or final order
administration, or the condition, status or may be repelled by evidence of a want of
Sec. 45. Entry of satisfaction with or relationship of the person; however, the jurisdiction, want of notice to the party,
without admission. probate of a will or granting of letters of collusion, fraud, or clear mistake of law or
Whenever a judgment is satisfied in fact, administration shall only be prima facie fact.
or otherwise than upon an execution, on evidence of the death of the testator or
demand of the judgment obligor, the intestate;
judgment obligee or his counsel must (b) In other cases, the judgment or final
execute and acknowledge, or indorse, an order is, with respect to the matter
admission of the satisfaction as provided directly adjudged or as to any other matter
in the last preceding section, and after that could have been raised in relation
notice and upon motion the court may thereto, conclusive between the parties
order either the judgment obligee or his and their successors in interest by title
counsel to do so, or may order the entry of subsequent to the commencement of the
satisfaction to be made without such action or special proceeding, litigating for
admission. the same thing and under the same title
and in the same capacity; and
Sec. 46. When principal bound by (c) In any other litigation between the
judgment against surety. same parties or their successors in
When a judgment is rendered against a interest, that only is deemed to have been
party who stands as surety for another, the adjudged in a former judgment or final
latter is also bound from the time that he order which appears upon its face to have
has notice of the action or proceeding, and been so adjudged, or which was actually
an opportunity at the surety’s request to and necessarily included therein or
join in the defense. necessary thereto.