rule 1 -20 roc

8/3/2019 RULE 1 -20 ROC

http://slidepdf.com/reader/full/rule-1-20-roc 1/29

997 RULES OF CIVIL PROCEDURE, AS AMENDED

(RULES 1-71, RULES OF COURT)

EFFECTIVE JULY 1, 1997

Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on

April 8, !!"

RULES OF COURT

Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the

Supreme Court hereby adopts and promulgates the folloing rules concerning the

protection and enforcement of constitutional rights, pleading, practice and procedure inall courts, the admission to the practice of la, the Integrated !ar, and legal assistance to

the underprivileged"

RULE 1

Genera Pr!"#$#!n$

Se%&#!n 1' #itle of the Rules# $ %hese &ule shall be 'non and cited as the &ules of

Court# ()

Se%&#!n ' $n %hat &ourts appli&a'le# $ %hese &ules shall apply in all the courts, ecept

as otherise provided by the Supreme Court# (n)

Se%&#!n ' Cases go(erned # $ %hese &ules shall govern the procedure to be observed inactions, civil or criminal and special proceedings#

(a) A civil action is one by hich a party sues another for the enforcement or

protection of a right, or the prevention or redress of a rong, (a, &*)

A civil action may either be ordinary or special# !oth are governed by the rulesfor ordinary civil actions, sub+ect to the specific rules prescribed for a special civil

action# (n)

(b) A criminal action is one by hich the State prosecutes a person for an act or

omission punishable by la# (n)

(c) A special proceeding is a remedy by hich a party see's to establish a status, aright, or a particular fact# (*a, &*)

8/3/2019 RULE 1 -20 ROC


Se%&#!n *' $n %hat &ase not appli&a'le# $ %hese &ules shall not apply to election cases,

land registration, cadastral, naturaliation and insolvency proceedings, and other cases

not herein provided for, ecept by analogy or in a suppletory character and henever practicable and convenient# (&-.a)

Se%&#!n +' Commen&ement of a&tion# $ A civil action is commenced by the filing of theoriginal complaint in court# If an additional defendant is impleaded in a later pleading, the

action is commenced ith regard to him on the dated of the filing of such later pleading,irrespective of hether the motion for its admission, if necessary, is denied by the court#

(/a)

Se%&#!n ' Constru&tion# $ %hese &ules shall be liberally construed in order to promotetheir ob+ective of securing a +ust, speedy and inepensive disposition of every action and

proceeding# (*a)

C#"# A%&#!n$

Or#nar. C#"# A%&#!n$

RULE

Ca/$e !0 A%&#!n

Se%&#!n 1' )rdinary &i(il a&tions, 'asis of. $ 0very ordinary civil action must be basedon a cause of action# (n)

Se%&#!n ' Cause of a&tion, defined # $ A cause of action is the act or omission by hicha party violates a right of another# (n)

Se%&#!n ' )ne suit for a single &ause of a&tion# $ A party may not institute more than

one suit for a single cause of action# (.a)

Se%&#!n *' Splitting a single &ause of a&tion1 effe&t of. $ If to or more suits are

instituted on the basis of the same cause of action, the filing of one or a +udgment upon

the merits in any one is available as a ground for the dismissal of the others# (-a)

Se%&#!n +' *oinder of &auses of a&tion# $ A party may in one pleading assert, in the

alternative or otherise, as many causes of action as he may have against an opposing

party, sub+ect to the folloing conditions"

(a) %he party +oining the causes of action shall comply ith the rules on +oinder of

parties1

8/3/2019 RULE 1 -20 ROC


(b) %he +oinder shall not include special civil actions or actions governed by

special rules1

(c) 2here the causes of action are beteen the same parties but pertain todifferent venues or +urisdictions, the +oinder may be alloed in the &egional %rial

Court provided one of the causes of action falls ithin the +urisdiction of saidcourt and the venue lies therein1 and

(d) 2here the claims in all the causes action are principally for recovery ofmoney, the aggregate amount claimed shall be the test of +urisdiction# (5a)

Se%&#!n ' Mis+oinder of &auses of a&tion# $ 3is+oinder of causes of action is not a

ground for dismissal of an action# A mis+oined cause of action may, on motion of a party

or on the initiative of the court, be severed and proceeded ith separately# (n)

RULE

Par&#e$ &! C#"# A%&#!n$

Se%&#!n 1' ho may 'e parties1 plaintiff and defendant # $ 4nly natural or +uridical

persons, or entities authoried by la may be parties in a civil action# %he term plaintiff

may refer to the claiming party, the counter6claimant, the cross6claimant, or the third(fourth, etc#) $ party plaintiff# %he term defendant may refer to the original defending

party, the defendant in a counter6claim, the cross6defendant, or the third (fourth, etc#) $

party defendant# (a)

Se%&#!n ' Parties in interest # $ A real party in interest is the party ho stands to be

benefited or in+ured by the +udgment in the suit, or the party entitled to the avails of the

suit# 7nless otherise authoried by la or these &ules, every action must be prosecuted

or defended in the name of the real party in interest# (*a)

Se%&#!n ' Representati(es as parties# $ 2here the action is alloed to be prosecuted

and defended by a representative or someone acting in a fiduciary capacity, the

beneficiary shall be included in the title of the case and shall be deemed to be the real

property in interest# A representative may be a trustee of an epert trust, a guardian, aneecutor or administrator, or a party authoried by la or these &ules# An agent acting in

his on name and for the benefit of an undisclosed principal may sue or be sued ithout +oining the principal ecept hen the contract involves things belonging to the principal#(.a)

Se%&#!n *' Spouses as parties# $ 8usband and ife shall sue or be sued +ointly, ecept as

provided by la# (-a)

8/3/2019 RULE 1 -20 ROC


Se%&#!n +' Minor or in&ompetent persons# $ A minor or a person alleged to be

incompetent, may sue or be sued ith the assistance of his father, mother, guardian, or if

he has none, a guardian ad litem# (5a)

Se%&#!n ' Permissi(e +oinder of parties# $ All persons in hom or against hom any

right to relief in respect to or arising out of the same transaction or series of transactionsis alleged to eist, hether +ointly, severally, or in the alternative, may, ecept as

otherise provided in these &ules, +oin as plaintiffs or be +oined as defendants in onecomplaint, here any 9uestion of la or fact common to all such plaintiffs or to all such

defendants may arise in the action1 but the court may ma'e such orders as may be +ust to

prevent any plaintiff or defendant from being embarrassed or put to epense inconnection ith any proceedings in hich he may have no interest# (/n)

Se%&#!n 7' Compulsory +oinder of indispensa'le parties# $ Parties in interest ithout

hom no final determination can be had of an action shall be +oined either as plaintiffs or

defendants# (:)

Se%&#!n ' Ne&essary party# $ A necessary party is one ho is not indispensable but ho

ought to be +oined as a party if complete relief is to be accorded as to those already

parties, or for a complete determination or settlement of the claim sub+ect of the action#

(;a)

Se%&#!n 9' Non-+oinder of ne&essary parties to 'e pleaded # $ 2henever in any pleading

in hich a claim is asserted a necessary party is not +oined, the pleader shall set forth his

name, if 'non, and shall state hy he is omitted# Should the court find the reason for theomission unmeritorious, it may order the inclusion of the omitted necessary party if

+urisdiction over his person may be obtained#

%he failure to comply ith the order for his inclusion, ithout +ustifiable cause, shall be

deemed a aiver of the claim against such party#

%he non6inclusion of a necessary party does not prevent the court from proceeding in theaction, and the +udgment rendered therein shall be ithout pre+udice to the rights of such

necessary party# (;a, <a)

Se%&#!n 12' n%illing &o-plaintiff. $ If the consent of any party ho should be +oined as

plaintiff can not be obtained, he may be made a defendant and the reason therefor shall bestated in the complaint# (=)

Se%&#!n 11' Mis+oinder and non-+oinder of parties# $ >either mis+oinder nor non6+oinder

of parties is ground for dismissal of an action# Parties may be dropped or added by order

of the court on motion of any party or on its on initiative at any stage the action and onsuch terms as are +ust# Any claim against a mis+oined party may be severed and

proceeded ith separately# (a)

8/3/2019 RULE 1 -20 ROC


Se%&#!n 1' Class suit # $ 2hen the sub+ect matter of the controversy is one of common

or general interest to many persons so numerous that it is impracticable to +oin all as

parties, a number of them hich the court finds to be sufficiently numerous andrepresentative as to fully protect the interests of all concerned may sue or defend for the

benefit of all# Any party in interest shall have the right to intervene to protect his

individual interest# (*a)

Se%&#!n 1' Alternati(e defendants# $ 2here the plaintiff is uncertain against ho ofseveral persons he is entitled to relief, he may +oin any or all of them as defendants in the

alternative, although a right to relief against one may be inconsistent ith a right of relief

against the other# (.a)

Se%&#!n 1*' n/no%n identity or name of defendant # $ 2henever the identity or name of

a defendant is un'non, he may be sued as the un'non oner heir devisee, or by such

other designation as the case may re9uire, hen his identity or true name is discovered,

the pleading must be amended accordingly# (-)

Se%&#!n 1+' ntity %ithout +uridi&al personality as defendant # $ 2hen to or more

persons not organied as an entity ith +uridical personality enter into a transaction, they

may be sued under the name by hich they are generally or commonly 'non#

In the anser of such defendant, the name and addresses of the persons composing saidentity must all be revealed# (5a)

Se%&#!n 1' 1eath of party1 duty of &ounsel # $ 2henever a party to a pending action

dies, and the claim is not thereby etinguished, it shall be the duty of his counsel to

inform the court ithin thirty (.=) days after such death of the fact thereof, and to give

the name and address of his legal representative or representatives# ?ailure of counsel tocomply ith his duty shall be a ground for disciplinary action#

%he heirs of the deceased may be alloed to be substituted for the deceased, ithout

re9uiring the appointment of an eecutor or administrator and the court may appoint aguardian ad litem for the minor heirs#

%he court shall forthith order said legal representative or representatives to appear and

be substituted ithin a period of thirty (.=) days from notice#

If no legal representative is named by the counsel for the deceased party, or if the one so

named shall fail to appear ithin the specified period, the court may order the opposing party, ithin a specified time to procure the appointment of an eecutor or administrator

for the estate of the deceased and the latter shall immediately appear for and on behalf of

the deceased# %he court charges in procuring such appointment, if defrayed by theopposing party, may be recovered as costs# (/a, :a)

Se%&#!n 17' 1eath or separation of a party %ho is a pu'li& offi&er # $ 2hen a public

officer is a party in an action in his official capacity and during its pendency dies, resigns,

8/3/2019 RULE 1 -20 ROC


or otherise ceases to hold office, the action may be continued and maintained by or

against his successor if, ithin thirty (.=) days after the successor ta'es office or such

time as may be granted by the court, it is satisfactorily shon to the court by any partythat there is a substantial need for continuing or maintaining it and that the successor

adopts or continues or threatens to adopt or continue to adopt or continue the action of his

predecessor# !efore a substitution is made, the party or officer to be affected, unlessepressly assenting thereto, shall be given reasonable notice of the application therefor

and accorded an opportunity to be heard# (;a)

Se%&#!n 1' $n&ompeten&y or in&apa&ity# $ If a party becomes incompetent or

incapacitated, the court, upon motion ith notice, may allo the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or

guardian ad litem# (<a)

Se%&#!n 19' #ransfer of interest # $ In case of any transfer of interest, the action may be

continued by or against the original party, unless the court upon motion directs the person

to hom the interest is transferred to be substituted in the action or +oined ith theoriginal party# (*=)

Se%&#!n 2' A&tion and &ontra&tual money &laims# $ 2hen the action is for recovery of

money arising from contract, epress or implied, and the defendant dies before entry offinal +udgment in the court in hich the action as pending at the time of such death, it

shall not be dismissed but shall instead be alloed to continue until entry of final

+udgment# A favorable +udgment obtained by the plaintiff therein shall be enforced in themanner especially provided in these &ules for prosecuting claims against the estate of a

deceased person# (*a)

Se%&#!n 1' $ndigent party# $ A party may be authoried to litigate his action, claim ordefense as an indigent if the court, upon an e2 parte application and hearing, is satisfiedthat the party is one ho has no money or property sufficient and available for food,

shelter and basic necessities for himself and his family#

Such authority shall include an eemption from payment of doc'et and other laful fees,

and of transcripts of stenographic notes hich the court may order to be furnished him#%he amount of the doc'et and other laful fees hich the indigent as eempted from

paying shall be a lien on any +udgment rendered in the case favorable to the indigent,

unless the court otherise provides#

Any adverse party may contest the grant of such authority at any time before +udgment isrendered by the trial court# If the court should determine after hearing that the party

declared as an indigent is in fact a person ith sufficient income or property, the proper

doc'et and other laful fees shall be assessed and collected by the cler' of court# If payment is not made ithin the time fied by the court, eecution shall issue or the

payment thereof, ithout pre+udice to such other sanctions as the court may impose#

(**a)

8/3/2019 RULE 1 -20 ROC


Se%&#!n ' Noti&e to the Soli&itor eneral # $ In any action involving the validity of any

treaty, la, ordinance, eecutive order, presidential decree, rules or regulations, the court,

in its discretion, may re9uire the appearance of the Solicitor @eneral ho may be heard in person or a representative duly designated by him# (*.a)

RULE *

Ven/e !0 A%&#!n$

Se%&#!n 1' 4enue of real a&tions# $ Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court hich has

+urisdiction over the area herein the real property involved, or a portion thereof, is

situated#

?orcible entry and detainer actions shall be commenced and tried in the municipal trialcourt of the municipality or city herein the real property involved, or a portion thereof,

is situated# (aB, *aBa)

Se%&#!n ' 4enue of personal a&tions# $ All other actions may be commenced and tried

here the plaintiff or any of the principal plaintiffs resides, or here the defendant or anyof the principal defendants resides, or in the case of a non6resident defendant here he

may be found, at the election of the plaintiff# (*bBa)

Se%&#!n ' 4enue of a&tions against nonresidents# $ If any of the defendants does notreside and is not found in the Philippines, and the action affects the personal status of the

plaintiff, or any property of said defendant located in the Philippines, the action may be

commenced and tried in the court of the place here the plaintiff resides, or here the

property or any portion thereof is situated or found# (*cBa)

Se%&#!n *' hen Rule not appli&a'le# $ %his &ule shall not apply#

(a) In those cases here a specific rule or la provides otherise1 or

(b) 2here the parties have validly agreed in riting before the filing of the action

on the eclusive venue thereof# (.a, 5a)

8/3/2019 RULE 1 -20 ROC


RULE +

Un#0!r3 Pr!%e/re In Tr#a C!/r&$

Se%&#!n 1' niform pro&edure# $ %he procedure in the 3unicipal %rial Courts shall be

the same as in the &egional %rial Courts, ecept (a) here a particular provisionepressly or impliedly applies only to either of said courts, or (b) in civil cases governed

by the &ule on Summary Procedure# (n)

Se%&#!n ' Meaning of terms# $ %he term 3unicipal %rial Courts as used in these

&ules shall include 3etropolitan %rial Courts, 3unicipal %rial Courts in Cities,3unicipal %rial Courts, and 3unicipal Circuit %rial Courts# (a)

Pr!%e/re In Re4#!na Tr#a C!/r&$

RULE

5#n$ O0 Pea#n4$

Se%&#!n 1' Pleadings defined # $ Pleadings are the ritten statements of the respective

claims and defenses of the parties submitted to the court for appropriate +udgment# (a)

Se%&#!n ' Pleadings allo%ed # $ %he claims of a party are asserted in a complaint,

counterclaim, cross6claim, third (fourth, etc#)6party complaint, or complaint6in6intervention#

%he defenses of a party are alleged in the anser to the pleading asserting a claim against

him#

An anser may be responded to by a reply# (n)

Se%&#!n ' Complaint # $ %he complaint is the pleading alleging the plaintiffs cause orcauses of action# %he names and residences of the plaintiff and defendant must be stated

in the complaint# (.a)

Se%&#!n *' Ans%er # $ An anser is a pleading in hich a defending party sets forth his

defenses# (-a)

Se%&#!n +' 1efenses# $ Defenses may either be negative or affirmative#

(a) A negative defense is the specific denial of the material fact or facts alleged in

the pleading of the claimant essential to his cause or causes of action#

8/3/2019 RULE 1 -20 ROC


(b) An affirmative defense is an allegation of a ne matter hich, hile

hypothetically admitting the material allegations in the pleading of the claimant,

ould nevertheless prevent or bar recovery by him# %he affirmative defensesinclude fraud, statute of limitations, release, payment, illegality, statute of frauds,

estoppel, former recovery, discharge in ban'ruptcy, and any other matter by ay

of confession and avoidance# (5a)

Se%&#!n ' Counter&laim# $ A counterclaim is any claim hich a defending party mayhave against an opposing party# (/a)

Se%&#!n 7' Compulsory &ounter&laim# $ A compulsory counterclaim is one hich, being

cogniable by the regular courts of +ustice, arises out of or is connected ith thetransaction or occurrence constituting the sub+ect matter of the opposing partys claim and

does not re9uire for its ad+udication the presence of third parties of hom the court

cannot ac9uire +urisdiction# Such a counterclaim must be ithin the +urisdiction of the

court both as to the amount and the nature thereof, ecept that in an original action before

the &egional %rial Court, the counter6claim may be considered compulsory regardless ofthe amount# (n)

Se%&#!n ' Cross-&laim# $ A cross6claim is any claim by one party against a co6party

arising out of the transaction or occurrence that is the sub+ect matter either of the originalaction or of a counterclaim therein# Such cross6claim may include a claim that the party

against hom it is asserted is or may be liable to the cross6claimant for all or part of a

claim asserted in the action against the cross6claimant# (:)

Se%&#!n 9' Counter-&ounter&laims and &ounter-&ross&laims# $ A counter6claim may be

asserted against an original counter6claimant#

A cross6claim may also be filed against an original cross6claimant# (n)

Se%&#!n 12' Reply# $ A reply is a pleading, the office or function of hich is to deny, or

allege facts in denial or avoidance of ne matters alleged by ay of defense in theanser and thereby +oin or ma'e issue as to such ne matters# If a party does not file

such reply, all the ne matters alleged in the anser are deemed controverted#

If the plaintiff ishes to interpose any claims arising out of the ne matters so alleged,

such claims shall be set forth in an amended or supplemental complaint# ()

Se%&#!n 11' #hird, 5fourth, et&.67party &omplaint # $ A third (fourth, etc#) $ partycomplaint is a claim that a defending party may, ith leave of court, file against a person

not a party to the action, called the third (fourth, etc#) $ party defendant for contribution,

indemnity, subrogation or any other relief, in respect of his opponents claim# (*a)

Se%&#!n 1' Bringing ne% parties# $ 2hen the presence of parties other than those to the

original action is re9uired for the granting of complete relief in the determination of a

8/3/2019 RULE 1 -20 ROC


counterclaim or cross6claim, the court shall order them to be brought in as defendants, if

+urisdiction over them can be obtained# (-)

Se%&#!n 1' Ans%er to third 5fourth, et&.67party &omplaint # $ A third (fourth, etc#) $ party defendant may allege in his anser his defenses, counterclaims or cross6claims,

including such defenses that the third (fourth, etc#) $ party plaintiff may have against theoriginal plaintiffs claim# In proper cases, he may also assert a counterclaim against the

original plaintiff in respect of the latters claim against the third6party plaintiff# (n)

RULE 7

Par&$ !0 a Pea#n4

Se%&#!n 1' Caption# $ %he caption sets forth the name of the court, the title of the action,

and the doc'et number if assigned#

%he title of the action indicates the names of the parties# %hey shall all be named in theoriginal complaint or petition1 but in subse9uent pleadings, it shall be sufficient if the

name of the first party on each side be stated ith an appropriate indication hen there

are other parties#

%heir respective participation in the case shall be indicated# (a, *a)

Se%&#!n ' #he 'ody# $ %he body of the pleading sets fourth its designation, the

allegations of the partys claims or defenses, the relief prayed for, and the date of the

pleading# (n)

(a) Paragraphs# $ %he allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily identified, each of hich shall contain a

statement of a single set of circumstances so far as that can be done ith

convenience# A paragraph may be referred to by its number in all succeeding pleadings# (.a)

(b) eadings# $ 2hen to or more causes of action are +oined the statement of

the first shall be prefaced by the ords first cause of action, of the second by

second cause of action, and so on for the others#

2hen one or more paragraphs in the anser are addressed to one of severalcauses of action in the complaint, they shall be prefaced by the ords anser to

the first cause of action or anser to the second cause of action and so on1 and

hen one or more paragraphs of the anser are addressed to several causes ofaction, they shall be prefaced by ords to that effect# (-)

8/3/2019 RULE 1 -20 ROC


(c) Relief. $ %he pleading shall specify the relief sought, but it may add a general

prayer for such further or other relief as may be deemed +ust or e9uitable# (.a, &/)

(d) 1ate# $ 0very pleading shall be dated# (n)

Se%&#!n ' Signature and address# $ 0very pleading must be signed by the party orcounsel representing him, stating in either case his address hich should not be a post

office bo#

%he signature of counsel constitutes a certificate by him that he has read the pleading1

that to the best of his 'noledge, information, and belief there is good ground to supportit1 and that it is not interposed for delay#

An unsigned pleading produces no legal effect# 8oever, the court may, in its discretion,

allo such deficiency to be remedied if it shall appear that the same as due to mere

inadvertence and not intended for delay# Counsel ho deliberately files an unsigned

pleading, or signs a pleading in violation of this &ule, or alleges scandalous or indecentmatter therein, or fails promptly report to the court a change of his address, shall be

sub+ect to appropriate disciplinary action# (5a)

Se%&#!n *' 4erifi&ation# $ 0cept hen otherise specifically re9uired by la or rule,

pleadings need not be under oath, verified or accompanied by affidavit #(5a)

A pleading is verified by an affidavit that the affiant has read the pleading and that the

allegations therein are true and correct of his 'noledge and belief#

A pleading re9uired to be verified hich contains a verification based on information

and belief, or upon 'noledge, information and belief, or lac's a proper verification,shall be treated as an unsigned pleading# (/a)

Se%&#!n +' Certifi&ation against forum shopping # $ %he plaintiff or principal party shall

certify under oath in the complaint or other initiatory pleading asserting a claim for relief,or in a sorn certification anneed thereto and simultaneously filed thereith" (a) that he

has not theretofore commenced any action or filed any claim involving the same issues in

any court, tribunal or 9uasi6+udicial agency and, to the best of his 'noledge, no suchother action or claim is pending therein1 (b) if there is such other pending action or claim,

a complete statement of the present status thereof1 and (c) if he should thereafter learn

that the same or similar action or claim has been filed or is pending, he shall report that

fact ithin five (5) days therefrom to the court herein his aforesaid complaint orinitiatory pleading has been filed#

?ailure to comply ith the foregoing re9uirements shall not be curable by mere

amendment of the complaint or other initiatory pleading but shall be cause for thedismissal of the case ithout pre+udice, unless otherise provided, upon motion and after

hearing# %he submission of a false certification or non6compliance ith any of the

underta'ings therein shall constitute indirect contempt of court, ithout pre+udice to the

8/3/2019 RULE 1 -20 ROC


corresponding administrative and criminal actions# If the acts of the party or his counsel

clearly constitute illful and deliberate forum shopping, the same shall be ground for

summary dismissal ith pre+udice and shall constitute direct contempt, as ell as a causefor administrative sanctions# (n)

RULE

Manner !0 Ma6#n4 Ae4a&#!n$ #n Pea#n4$

Se%&#!n 1' $n general # $ 0very pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on hich the party pleading relies

for his claim or defense, as the case may be, omitting the statement of mere evidentiary

facts# ()

If a defense relied on is based on la, the pertinent provisions thereof and theirapplicability to him shall be clearly and concisely stated# (n)

Se%&#!n ' Alternati(e &auses of a&tion or defenses# $ A party may set forth to or more

statements of a claim or defense alternatively or hypothetically, either in one cause of

action or defense or in separate causes of action or defenses# 2hen to or morestatements are made in the alternative and one of them if made independently ould be

sufficient, the pleading is not made insufficient by the insufficiency of one or more of the

alternative statements# (*)

Se%&#!n ' Conditions pre&edent # $ In any pleading a general averment of the

performance or occurrence of all conditions precedent shall be sufficient# (.)

Se%&#!n *' Capa&ity# $ ?acts shoing the capacity of a party to sue or be sued or the

authority of a party to sue or be sued in a representative capacity or the legal eistence of

an organied association of person that is made a party, must be averred# A party desiringto raise an issue as to the legal eistence of any party or the capacity of any party to sue

or be sued in a representative capacity, shall do so by specific denial, hich shall include

such supporting particulars as are peculiarly ithin the pleaders 'noledge# (-)

Se%&#!n +' 9raud, mista/e, &ondition of the mind # $ In all averments of fraud or mista'ethe circumstances constituting fraud or mista'e must be stated ith particularity# 3alice,

intent, 'noledge, or other condition of the mind of a person may be averred generally#(5a)

Se%&#!n ' *udgment # $ In pleading a +udgment or decision of a domestic or foreign

court, +udicial or 9uasi6+udicial tribunal, or of a board or officer, it is sufficient to aver the

+udgment or decision ithout setting forth matter shoing +urisdiction to render it# (/)

8/3/2019 RULE 1 -20 ROC


Se%&#!n 7' A&tion or defense 'ased on do&ument # $ 2henever an action or defense is

based upon a ritten instrument or document, the substance of such instrument or

document shall be set forth in the pleading, and the original or a copy thereof shall beattached to the pleading as an ehibit, hich shall be deemed to be a part of the pleading,

or said copy may ith li'e effect be set forth in the pleading# (:)

Se%&#!n ' o% to &ontest su&h do&uments# $ 2hen an action or defense is founded

upon a ritten instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due eecution of the instrument

shall be deemed admitted unless the adverse party, under oath specifically denies them,

and sets forth hat he claims to be the facts, but the re9uirement of an oath does notapply hen the adverse party does not appear to be a party to the instrument or hen

compliance ith an order for an inspection of the original instrument is refused# (;a)

Se%&#!n 9' )ffi&ial do&ument or a&t # $ In pleading an official document or official act, it

is sufficient to aver that the document as issued or the act done in compliance ith la#

(<)

Se%&#!n 12' Spe&ifi& denial # $ A defendant must specify each material allegation of fact

the truth of hich he does not admit and, henever practicable, shall set forth the

substance of the matters upon hich he relies to support his denial# 2here a defendantdesires to deny only a part of an averment, he shall specify so much of it as is true and

material and shall deny only the remainder# 2here a defendant is ithout 'noledge or

information sufficient to form a belief as to the truth of a material averment made to thecomplaint, he shall so state, and this shall have the effect of a denial# (=a)

Se%&#!n 11' Allegations not spe&ifi&ally denied deemed admitted # $ 3aterial averment in

the complaint, other than those as to the amount of unli9uidated damages, shall bedeemed admitted hen not specifically denied# Allegations of usury in a complaint torecover usurious interest are deemed admitted if not denied under oath# (a, &<)

Se%&#!n 1' Stri/ing out of pleading or matter &ontained therein# $ 7pon motion made

by a party before responding to a pleading or, if no responsive pleading is permitted by

these &ules, upon motion made by a party ithin tenty (*=) days after the service of the pleading upon him, or upon the courts on initiative at any time, the court may order any

pleading to be stric'en out or that any sham or false, redundant, immaterial, impertinent,

or scandalous matter be stric'en out therefrom# (5, &<)

RULE 9

E00e%& !0 Fa#/re &! Pea

Se%&#!n 1' 1efenses and o'+e&tions not pleaded # $ Defenses and ob+ections not pleaded

either in a motion to dismiss or in the anser are deemed aived# 8oever, hen it

8/3/2019 RULE 1 -20 ROC


appears from the pleadings or the evidence on record that the court has no +urisdiction

over the sub+ect matter, that there is another action pending beteen the same parties for

the same cause, or that the action is barred by a prior +udgment or by statute oflimitations, the court shall dismiss the claim# (*a)

Se%&#!n ' Compulsory &ounter&laim, or &ross-&laim, not set up 'arred # $ A compulsorycounterclaim, or a cross6claim, not set up shall be barred# (-a)

Se%&#!n ' 1efault 1 de&laration of. $ If the defending party fails to anser ithin thetime alloed therefor, the court shall, upon motion of the claiming party ith notice to

the defending party, and proof of such failure, declare the defending party in default#

%hereupon, the court shall proceed to render +udgment granting the claimant such reliefas his pleading may arrant, unless the court in its discretion re9uires the claimant to

submit evidence# Such reception of evidence may be delegated to the cler' of court# (a,

&;)

(a) ffe&t of order of default # $ A party in default shall be entitled to notice ofsubse9uent proceedings but not to ta'e part in the trial# (*a, &;)

(b) Relief from order of default # $ A party declared in default may at any time

after notice thereof and before +udgment file a motion under oath to set aside the

order of default upon proper shoing that his failure to anser as due to fraud,accident, mista'e or ecusable negligence and that he has a meritorious defense#

In such case, the order of default may be set aside on such terms and conditions as

the +udge may impose in the interest of +ustice# (.a, &;)

(c) ffe&t of partial default # $ 2hen a pleading asserting a claim states a

common cause of action against several defending parties, some of hom anserand the others fail to do so, the court shall try the case against all upon the

ansers thus filed and render +udgment upon the evidence presented# (-a, &;)#

(d) 2tent of relief to 'e a%arded # $ A +udgment rendered against a party indefault shall not eceed the amount or be different in 'ind from that prayed for

nor aard unli9uidated damages# (5a, &;)#

(e) here no defaults allo%ed # $ If the defending party in an action for

annulment or declaration of nullity of marriage or for legal separation fails toanser, the court shall order the prosecuting attorney to investigate hether or not

a collusion beteen the parties eists, and if there is no collusion, to intervene forthe State in order to see to it that the evidence submitted is not fabricated# (/a,&;)

8/3/2019 RULE 1 -20 ROC


RULE 12

A3ene an S/e3en&a Pea#n4$

Se%&#!n 1' Amendments in general # $ Pleadings may be amended by adding or stri'ing

out an allegation or the name of any party, or by correcting a mista'e in the name of a party or a mista'en or inade9uate allegation or description in any other respect, so that

the actual merits of the controversy may speedily be determined, ithout regard to

technicalities, and in the most epeditious and inepensive manner# ()

Se%&#!n ' Amendments as a matter of right # $ A party may amend his pleading once asa matter of right at any time before a responsive pleading is served or, in the case of a

reply, at any time ithin ten (=) days after it is served# (*a)

Se%&#!n ' Amendments 'y lea(e of &ourt # $ 0cept as provided in the net preceding

section, substantial amendments may be made only upon leave of court# !ut such leave

may be refused if it appears to the court that the motion as made ith intent to delay#4rders of the court upon the matters provided in this section shall be made upon motion

filed in court, and after notice to the adverse party, and an opportunity to be heard# (.a)

Se%&#!n *' 9ormal amendments# $ A defect in the designation of the parties and other

clearly clerical or typographical errors may be summarily corrected by the court at any

stage of the action, at its initiative or on motion, provided no pre+udice is caused thereby

to the adverse party# (-a)

Se%&#!n +' Amendment to &onform to or authori:e presentation of e(iden&e# $ 2hen

issues not raised by the pleadings are tried ith the epress or implied consent of the

parties they shall be treated in all respects as if they had been raised in the pleadings#Such amendment of the pleadings as may be necessary to cause them to conform to theevidence and to raise these issues may be made upon motion of any party at any time,

even after +udgment1 but failure to amend does not effect the result of the trial of these

issues# If evidence is ob+ected to at the trial on the ground that it is not ithin the issuesmade by the pleadings, the court may allo the pleadings to be amended and shall do so

ith liberality if the presentation of the merits of the action and the ends of substantial

+ustice ill be subserved thereby# %he court may grant a continuance to enable theamendment to be made# (5a)

Se%&#!n ' Supplemental pleadings# $ 7pon motion of a party the court may, upon

reasonable notice and upon such terms as are +ust, permit him to serve a supplemental pleading setting forth transactions, occurrences or events hich have happened since thedate of the pleading sought to be supplemented# %he adverse party may plead thereto

ithin ten (=) days from notice of the order admitting the supplemental pleading# (/a)

Se%&#!n 7' 9iling of amended pleadings# $ 2hen any pleading is amended, a ne copy

of the entire pleading, incorporating the amendments, hich shall be indicated byappropriate mar's, shall be filed# (:a)

8/3/2019 RULE 1 -20 ROC


Se%&#!n ' ffe&t of amended pleadings# $ An amended pleading supersedes the pleading

that it amends# 8oever, admissions in superseded pleadings may be received in

evidence against the pleader, and claims or defenses alleged therein not incorporated inthe amended pleading shall be deemed aived# (n)

RULE 11

8en &! F#e Re$!n$#"e Pea#n4$

Se%&#!n 1' Ans%er to the &omplaint # $ %he defendant shall file his anser to thecomplaint ithin fifteen (5) days after service of summons, unless a different period is

fied by the court# (la)

Se%&#!n ' Ans%er of a defendant foreign pri(ate +uridi&al entity# $ 2here the defendant

is a foreign private +uridical entity and service of summons is made on the governmentofficial designated by la to receive the same, the anser shall be filed ithin thirty (.=)

days after receipt of summons by such entity# (*a)

Se%&#!n ' Ans%er to amended &omplaint # $ 2hen the plaintiff files an amended

complaint as a matter of right, the defendant shall anser the same ithin fifteen (5)days after being served ith a copy thereof#

2here its filing is not a matter of right, the defendant shall anser the amended

complaint ithin ten (l=) days from notice of the order admitting the same# An anser

earlier filed may serve as the anser to the amended complaint if no ne anser is filed#

%his &ule shall apply to the anser to an amended counterclaim, amended cross6claim,

amended third (fourth, etc#)$party complaint, and amended complaint6in6intervention#

(.a)

Se%&#!n *' Ans%er to &ounter&laim or &ross-&laim# $ A counterclaim or cross6claimmust be ansered ithin ten (=) days from service# (-)

Se%&#!n +' Ans%er to third 5fourth, et&.6-party &omplaint # $ %he time to anser a third

(fourth, etc#)$party complaint shall be governed by the same rule as the anser to the

complaint# (5a)

Se%&#!n ' Reply# $ A reply may be filed ithin ten (=) days from service of the pleading responded to# (/)

Se%&#!n 7' Ans%er to supplemental &omplain# $ A supplemental complaint may be

ansered ithin ten (=) days from notice of the order admitting the same, unless adifferent period is fied by the court# %he anser to the complaint shall serve as the

anser to the supplemental complaint if no ne or supplemental anser is filed# (n)

8/3/2019 RULE 1 -20 ROC


Se%&#!n ' 2isting &ounter&laim or &ross-&laim# $ A compulsory counterclaim or a

cross6claim that a defending party has at the time he files his anser shall be contained

therein# (;a, &/)

Se%&#!n 9' Counter&laim or &ross-&laim arising after ans%er # $ A counterclaim or a

cross6claim hich either matured or as ac9uired by a party after serving his pleadingmay, ith the permission of the court, be presented as a counterclaim or a cross6claim by

supplemental pleading before +udgment# (<, &/)

Se%&#!n 12' )mitted &ounter&laim or &ross-&laim# $ 2hen a pleader fails to set up a

counterclaim or a cross6claim through oversight, inadvertence, or ecusable neglect, or

hen +ustice re9uires, he may, by leave of court, set up the counterclaim or cross6claim by amendment before +udgment# (., &<)

Se%&#!n 11' 2tension of time to plead # $ 7pon motion and on such terms as may be

+ust, the court may etend the time to plead provided in these &ules#

%he court may also, upon li'e terms, allo an anser or other pleading to be filed after

the time fied by these &ules# (:)

RULE 1

:# !0 Par&#%/ar$

Se%&#!n 1' hen applied for 1 purpose# $ !efore responding to a pleading, a party may

move for a definite statement or for a bill of particulars of any matter hich is not avertedith sufficient definiteness or particularity to enable him properly to prepare his

responsive pleading# If the pleading is a reply, the motion must be filed ithin ten (=)

days from service thereof# Such motion shall point out the defects complained of, the

paragraphs herein they are contained, and the details desired# (a)

Se%&#!n ' A&tion 'y the &ourt # $ 7pon the filing of the motion, the cler' of court must

immediately bring it to the attention of the court hich may either deny or grant it

outright, or allo the parties the opportunity to be heard# (n)

Se%&#!n ' Complian&e %ith order # $ If the motion is granted, either in hole or in part,

the compliance thereith must be effected ithin ten (=) days from notice of the order,unless a different period is fied by the court# %he bill of particulars or a more definite

statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party# (n)

Se%&#!n *' ffe&t of non-&omplian&e# $ If the order is not obeyed, or in case of

insufficient compliance thereith, the court may order the stri'ing out of the pleading or

8/3/2019 RULE 1 -20 ROC


the portions thereof to hich the order as directed or ma'e such other order as it deems

+ust# (cBa)

Se%&#!n +' Stay of period to file responsi(e pleading # $ After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the

moving party may file his responsive pleading ithin the period to hich he as entitledat the time of filing his motion, hich shall not be less than five (5) days in any event#

(bBa)

Se%&#!n ' Bill a part of pleading # $ A bill of particulars becomes part of the pleading

for hich it is intended# (aBa)

RULE 1

F##n4 an Ser"#%e !0 Pea#n4$, J/43en&$ an O&er Paer$

Se%&#!n 1' Co(erage# $ %his &ule shall govern the filing of all pleadings and other papers, as ell as the service thereof, ecept those for hich a different mode of service

is prescribed# (n)

Se%&#!n ' 9iling and ser(i&e, defined # $ ?iling is the act of presenting the pleading or

other paper to the cler' of court#

Service is the act of providing a party ith a copy of the pleading or paper concerned# If

any party has appeared by counsel, service upon him shall be made upon his counsel or

one of them, unless service upon the party himself is ordered by the court# 2here onecounsel appears for several parties, he shall only be entitled to one copy of any paper

served upon him by the opposite side# (*a)

Se%&#!n ' Manner of filing # $ %he filing of pleadings, appearances, motions, notices,

orders, +udgments and all other papers shall be made by presenting the original copiesthereof, plainly indicated as such, personally to the cler' of court or by sending them by

registered mail# In the first case, the cler' of court shall endorse on the pleading the date

and hour of filing# In the second case, the date of the mailing of motions, pleadings, or

any other papers or payments or deposits, as shon by the post office stamp on theenvelope or the registry receipt, shall be considered as the date of their filing, payment, or

deposit in court# %he envelope shall be attached to the record of the case# (a)

Se%&#!n *' Papers re;uired to 'e filed and ser(ed # $ 0very +udgment, resolution, order, pleading subse9uent to the complaint, ritten motion, notice, appearance, demand, offer

of +udgment or similar papers shall be filed ith the court, and served upon the parties

affected# (*a)

8/3/2019 RULE 1 -20 ROC


Se%&#!n +' Modes of ser(i&e# $ Service of pleadings motions, notices, orders, +udgments

and other papers shall be made either personally or by mail# (.a)

Se%&#!n ' Personal ser(i&e# $ Service of the papers may be made by delivering personally a copy to the party or his counsel, or by leaving it in his office ith his cler'

or ith a person having charge thereof# If no person is found in his office, or his office isnot 'non, or he has no office, then by leaving the copy, beteen the hours of eight in

the morning and si in the evening, at the partys or counsels residence, if 'non, ith a person of sufficient age and discretion then residing therein# (-a)

Se%&#!n 7' Ser(i&e 'y mail # $ Service by registered mail shall be made by depositing the

copy in the post office in a sealed envelope, plainly addressed to the party or his counselat his office, if 'non, otherise at his residence, if 'non, ith postage fully prepaid,

and ith instructions to the postmaster to return the mail to the sender after ten (=) days

if undelivered# If no registry service is available in the locality of either the senders or the

addressee, service may be done by ordinary mail# (5a1 !ar 3atter >o# ;=., : ?ebruary

<<;)

Se%&#!n ' Su'stituted ser(i&e# $ If service of pleadings, motions, notices, resolutions,

orders and other papers cannot be made under the to preceding sections, the office and

place of residence of the party or his counsel being un'non, service may be made bydelivering the copy to the cler' of court, ith proof of failure of both personal service

and service by mail# %he service is complete at the time of such delivery# (/a)

Se%&#!n 9' Ser(i&e of +udgments, final orders, or resolutions# $ Eudgments, final ordersor resolutions shall be served either personally or by registered mail# 2hen a party

summoned by publication has failed to appear in the action, +udgments, final orders or

resolutions against him shall be served upon him also by publication at the epense of the prevailing party# (:a)

Se%&#!n 12' Completeness of ser(i&e# $ Personal service is complete upon actual

delivery# Service by ordinary mail is complete upon the epiration of ten (=) days after

mailing, unless the court otherise provides# Service by registered mail is complete upon

actual receipt by the addressee, or after five (5) days from the date he received the firstnotice of the postmaster, hichever date is earlier# (;a)

Se%&#!n 11' Priorities in modes of ser(i&e and filing # $ 2henever practicable, the

service and filing of pleadings and other papers shall be done personally# 0cept ith

respect to papers emanating from the court, a resort to other modes must be accompanied by a ritten eplanation hy the service or filing as not done personally# A violation of

this &ule may be cause to consider the paper as not filed# (n)

Se%&#!n 1' Proof of filing # $ %he filing of a pleading or paper shall be proved by itseistence in the record of the case# If it is not in the record, but is claimed to have been

filed personally, the filing shall be proved by the ritten or stamped ac'noledgment of

its filing by the cler' of court on a copy of the same1 if filed by registered mail, by the

8/3/2019 RULE 1 -20 ROC


registry receipt and by the affidavit of the person ho did the mailing, containing a full

statement of the date and place of depositing the mail in the post office in a sealed

envelope addressed to the court, ith postage fully prepaid, and ith instructions to the postmaster to return the mail to the sender after ten (=) days if not delivered# (n)

Se%&#!n 1' Proof of Ser(i&e# $ Proof of personal service shall consist of a rittenadmission of the party served, or the official return of the server, or the affidavit of the

party serving, containing a full statement of the date, place and manner of service# If theservice is by ordinary mail, proof thereof shall consist of an affidavit of the person

mailing of facts shoing compliance ith section : of this &ule# If service is made by

registered mail, proof shall be made by such affidavit and the registry receipt issued bythe mailing office# %he registry return card shall be filed immediately upon its receipt by

the sender, or in lieu thereof the unclaimed letter together ith the certified or sorn

copy of the notice given by the postmaster to the addressee# (=a)

Se%&#!n 1*' Noti&e of lis pendens# $ In an action affecting the title or the right of

possession of real property, the plaintiff and the defendant, hen affirmative relief isclaimed in his anser, may record in the office of the registry of deeds of the province in

hich the property is situated notice of the pendency of the action# Said notice shallcontain the names of the parties and the ob+ect of the action or defense, and a description

of the property in that province affected thereby# 4nly from the time of filing such notice

for record shall a purchaser, or encumbrancer of the property affected thereby, be deemedto have constructive notice of the pendency of the action, and only of its pendency

against the parties designated by their real names#

%he notice of lis pendens hereinabove mentioned may be cancelled only upon order of

the court, after proper shoing that the notice is for the purpose of molesting the adverse

party, or that it is not necessary to protect the rights of the rights of the party ho causedit to be recorded# (*-a, &6-)

RULE 1*

S/33!n$

Se%&#!n 1' Cler/ to issue summons# $ 7pon the filing of the complaint and the paymentof the re9uisite legal fees, the cler' of court shall forthith issue the corresponding

summons to the defendants# (a)

Se%&#!n ' Contents# $ %he summons shall be directed to the defendant, signed by the

cler' of court under seal and contain (a) the name of the court and the names of the parties to the action1 (b) a direction that the defendant anser ithin the time fied by

these &ules1 (c) a notice that unless the defendant so ansers plaintiff ill ta'e +udgment

by default and may be granted the relief applied for#

8/3/2019 RULE 1 -20 ROC


A copy of the complaint and order for appointment of guardian ad litem if any, shall be

attached to the original and each copy of the summons# (.a)

Se%&#!n ' By %hom ser(ed # $ %he summons may be served by the sheriff, his deputy, orother proper court officer, or for +ustifiable reasons by any suitable person authoried by

the court issuing the summons# (5a)

Se%&#!n *' Return# $ 2hen the service has been completed, the server shall, ithin five

(5) days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiffs counsel, and shall return the summons to the cler', ho issued it, accompanied

by proof of service# (/a)

Se%&#!n +' $ssuan&e of alias summons# $ If a summons is returned ithout being served

on any or all of the defendants, the server shall also serve a copy of the return on the plaintiffs counsel, stating the reasons for the failure of service, ithin five (5) days

therefrom# In such a case, or if the summons has been lost, the cler', on demand of the

plaintiff, may issue an alias summons# (-a)

Se%&#!n ' Ser(i&e in person on defendant # $ 2henever practicable, the summons shall be served by handling a copy thereof to the defendant in person, or, if he refuses to

receive and sign for it, by tendering it to him# (:a)

Se%&#!n 7' Su'stituted ser(i&e# $ If, for +ustifiable causes, the defendant cannot be served

ithin a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendants residence ith some person of

suitable age and discretion then residing therein, or (b) by leaving the copies at

defendants office or regular place of business ith some competent person in charge

thereof# (;a)

Se%&#!n ' Ser(i&e upon entity %ithout +uridi&al personality# $ 2hen persons associated

in an entity ithout +uridical personality are sued under the name by hich they are

generally or commonly 'non, service may be effected upon all the defendants byserving upon any one of them, or upon the person in charge of the office or place of

business maintained in such name# !ut such service shall not bind individually any

person hose connection ith the entity has, upon due notice, been severed before theaction as brought# (<a)

Se%&#!n 9' Ser(i&e upon prisoners# $ 2hen the defendant is a prisoner confined in a +ail

or institution, service shall be effected upon him by the officer having the management ofsuch +ail or institution ho is deemed deputied as a special sheriff for said purpose#(*a)

Se%&#!n 12' Ser(i&e upon minors and in&ompetents# $ 2hen the defendant is a minor,

insane or otherise an incompetent, service shall be made upon him personally and on

his legal guardian if he has one, or if none his guardian ad litem hose appointment shall

8/3/2019 RULE 1 -20 ROC


be applied for by the plaintiff# In the case of a minor, service may also be made on his

father or mother# (l=a, a)

Se%&#!n 11' Ser(i&e upon domesti& pri(ate +uridi&al entity# $ 2hen the defendant is acorporation, partnership or association organied under the las of the Philippines ith a

+uridical personality, service may be made on the president, managing partner, generalmanager, corporate secretary, treasurer, or in6house counsel# (.a)

Se%&#!n 1' Ser(i&e upon foreign pri(ate +uridi&al entities# $ 2hen the defendant is aforeign private +uridical entity hich has transacted business in the Philippines, service

may be made on its resident agent designated in accordance ith la for that purpose, or,

if there be no such agent, on the government official designated by la to that effect, oron any of its officers or agents ithin the Philippines# (-a)

Se%&#!n 1' Ser(i&e upon pu'li& &orporations# $ 2hen the defendant is the &epublic of

the Philippines, service may be effected on the Solicitor @eneral1 in case of a province,

city or municipality, or li'e public corporations, service may be effected on its eecutivehead, or on such other officer or officers as the la or the court may direct# (5)

Se%&#!n 1*' Ser(i&e upon defendant %hose identity or %herea'outs are un/no%n# $ In

any action here the defendant is designated as an un'non oner, or the li'e, or

henever his hereabouts are un'non and cannot be ascertained by diligent in9uiry,service may, by leave of court, be effected upon him by publication in a nespaper of

general circulation and in such places and for such time as the court may order# (/a)

Se%&#!n 1+' 2traterritorial ser(i&e# $ 2hen the defendant does not reside and is not

found in the Philippines, and the action affects the personal status of the plaintiff or

relates to, or the sub+ect of hich is, property ithin the Philippines, in hich thedefendant has or claims a lien or interest, actual or contingent, or in hich the relief

demanded consists, holly or in part, in ecluding the defendant from any interesttherein, or the property of the defendant has been attached ithin the Philippines, service

may, by leave of court, be effected out of the Philippines by personal service as under

section /1 or by publication in a nespaper of general circulation in such places and for

such time as the court may order, in hich case a copy of the summons and order of thecourt shall be sent by registered mail to the last 'non address of the defendant, or in any

other manner the court may deem sufficient# Any order granting such leave shall specify

a reasonable time, hich shall not be less than sity (/=) days after notice, ithin hichthe defendant must anser# (:a)

Se%&#!n 1' Residents temporarily out of the Philippines# $ 2hen any action is

commenced against a defendant ho ordinarily resides ithin the Philippines, but ho is

temporarily out of it, service may, by leave of court, be also effected out of thePhilippines, as under the preceding section# (;a)

Se%&#!n 17' <ea(e of &ourt # $ Any application to the court under this &ule for leave to

effect service in any manner for hich leave of court is necessary shall be made by

8/3/2019 RULE 1 -20 ROC


motion in riting, supported by affidavit of the plaintiff or some person on his behalf,

setting forth the grounds for the application# (<)

Se%&#!n 1' Proof of ser(i&e# $ %he proof of service of a summons shall be made inriting by the server and shall set forth the manner, place, and date of service1 shall

specify any papers hich have been served ith the process and the name of the personho received the same1 and shall be sorn to hen made by a person other than a sheriff

or his deputy# (*=)

Se%&#!n 19' Proof of ser(i&e 'y pu'li&ation# $ If the service has been made by

publication, service may be proved by the affidavit of the printer, his foreman or principal

cler', or of the editor, business or advertising manager, to hich affidavit a copy of the publication shall be attached and by an affidavit shoing the deposit of a copy of the

summons and order for publication in the post office, postage prepaid, directed to the

defendant by registered mail to his last 'non address# (*)

Se%&#!n 2' 4oluntary appearan&e# $ %he defendants voluntary appearance in the actionshall be e9uivalent to service of summons# %he inclusion in a motion to dismiss of other

grounds aside from lac' of +urisdiction over the person of the defendant shall not be

deemed a voluntary appearance# (*.a)

RULE 1+

M!&#!n$

Se%&#!n 1' Motion defined # $ A motion is an application for relief other than by a pleading# (a)

Se%&#!n ' Motions must 'e in %ritings# $ All motions shall be in riting ecept those

made in open court or in the course of a hearing or trial# (*a)

Se%&#!n ' Contents# $ A motion shall state the relief sought to be obtained and the

grounds upon hich it is based, and if re9uired by these &ules or necessary to prove facts

alleged therein, shall be accompanied by supporting affidavits and other papers# (.a)

Se%&#!n *' earing of motion# $ 0cept for motions hich the court may act upon

ithout pre+udicing the rights of the adverse party, every ritten motion shall be set forhearing by the applicant#

0very ritten motion re9uired to be heard and the notice of the hearing thereof shall be

served in such a manner as to ensure its receipt by the other party at least three (.) days before the date of hearing, unless the court for good cause sets the hearing on shorter

notice# (-a)

8/3/2019 RULE 1 -20 ROC


Se%&#!n +' Noti&e of hearing # $ %he notice of hearing shall be addressed to all parties

concerned, and shall specify the time and date of the hearing hich must not be later than

ten (=) days after the filing of the motion# (5a)

Se%&#!n ' Proof of ser(i&e ne&essary# $ >o ritten motion set for hearing shall be acted

upon by the court ithout proof of service thereof# (/a)

Se%&#!n 7' Motion day# $ 0cept for motions re9uiring immediate action, all motions

shall be scheduled for hearing on ?riday afternoons, or if ?riday is a non6or'ing day, inthe afternoon of the net or'ing day# (:a)

Se%&#!n ' )mni'us motion# $ Sub+ect to the provisions of section of &ule <, a motion

attac'ing a pleading, order, +udgment, or proceeding shall include all ob+ections then

available, and all ob+ections not so included shall be deemed aived# (;a)

Se%&#!n 9' Motion for lea(e# $ A motion for leave to file a pleading or motion shall be

accompanied by the pleading or motion sought to be admitted# (n)

Se%&#!n 12' 9orm# $ %he &ules applicable to pleadings shall apply to ritten motions so

far as concerns caption, designation, signature, and other matters of form# (<a)

RULE 1

M!&#!n &! D#$3#$$

Se%&#!n 1' rounds# $ 2ithin the time for but before filing the anser to the complaintor pleading asserting a claim, a motion to dismiss may be made on any of the folloing

grounds"

(a) %hat the court has no +urisdiction over the person of the defending party1

(b) %hat the court has no +urisdiction over the sub+ect matter of the claim1

(c) %hat venue is improperly laid1

(d) %hat the plaintiff has no legal capacity to sue1

(e) %hat there is another action pending beteen the same parties for the same

cause1

(f) %hat the cause of action is barred by a prior +udgment or by the statute oflimitations1

(g) %hat the pleading asserting the claim states no cause of action1

8/3/2019 RULE 1 -20 ROC


(h) %hat the claim or demand set forth in the plaintiffs pleading has been paid,

aived, abandoned, or otherise etinguished1

(i) %hat the claim on hich the action is founded is enforceable under the provisions of the statute of frauds1 and

(+) %hat a condition precedent for filing the claim has not been complied ith#

(a)

Se%&#!n ' earing of motion# $ At the hearing of the motion, the parties shall submit

their arguments on the 9uestions of la and their evidence on the 9uestions of factinvolved ecept those not available at that time# Should the case go to trial, the evidence

presented during the hearing shall automatically be part of the evidence of the party

presenting the same# (n)

Se%&#!n ' Resolution of Motion# $ After the hearing, the court may dismiss the action or

claim, deny the motion, or order the amendment of the pleading#

%he court shall not defer the resolution of the motion for the reason that the ground relied

upon is not indubitable#

In every case, the resolution shall state clearly and distinctly the reasons therefor# (.a)

Se%&#!n *' #ime to plead # $ If the motion is denied, the movant shall file his anserithin the balance of the period prescribed by &ule to hich he as entitled at the

time of serving his motion, but not less than five (5) days in any event, computed from

his receipt of the notice of the denial# If the pleading is ordered to be amended, he shall

file his anser ithin the period prescribed by &ule counted from service of theamended pleading, unless the court provides a longer period# (-a)

Se%&#!n +' ffe&t of dismissal # $ Sub+ect to the right of appeal, an order granting a

motion to dismiss based on paragraphs (f), (h) and (i) of section hereof shall bar therefiling of the same action or claim# (n)

Se%&#!n ' Pleading grounds as affirmati(e defenses# $ If no motion to dismiss has been

filed, any of the grounds for dismissal provided for in this &ule may be pleaded as an

affirmative defense in the anser and, in the discretion of the court, a preliminary hearingmay be had thereon as if a motion to dismiss had been filed# (5a)

%he dismissal of the complaint under this section shall be ithout pre+udice to the

prosecution in the same or separate action of a counterclaim pleaded in the anser# (n)

8/3/2019 RULE 1 -20 ROC


RULE 17

D#$3#$$a !0 A%&#!n$

Se%&#!n 1' 1ismissal upon noti&e 'y plaintiff. $ A complaint may be dismissed by the

plaintiff by filing a notice of dismissal at any time before service of the anser or of amotion for summary +udgment# 7pon such notice being filed, the court shall issue an

order confirming the dismissal# 7nless otherise stated in the notice, the dismissal is

ithout pre+udice, ecept that a notice operates as an ad+udication upon the merits henfiled by a plaintiff ho has once dismissed in a competent court an action based on or

including the same claim# (a)

Se%&#!n ' 1ismissal upon motion of plaintiff. $ 0cept as provided in the preceding

section, a complaint shall not be dismissed at the plaintiffs instance save upon approvalof the court and upon such terms and conditions as the court deems proper# If a

counterclaim has been pleaded by a defendant prior to the service upon him of the

plaintiffs motion for dismissal, the dismissal shall be limited to the complaint# %hedismissal shall be ithout pre+udice to the right of the defendant to prosecute his

counterclaim in a separate action unless ithin fifteen (5) days from notice of the

motion he manifests his preference to have his counterclaim resolved in the same action#

7nless otherise specified in the order, a dismissal under this paragraph shall be ithout pre+udice# A class suit shall not be dismissed or compromised ithout the approval of the

court# (*a)

Se%&#!n ' 1ismissal due to fault of plaintiff. $ If, for no +ustifiable cause, the plaintifffails to appear on the date of the presentation of his evidence in chief on the complaint, or

to prosecute his action for an unreasonable length of time, or to comply ith these &ules

or any order of the court, the complaint may be dismissed upon motion of the defendantor upon the courts on motion, ithout pre+udice to the right of the defendant to prosecute his counterclaim in the same or in a separate action# %his dismissal shall have

the effect of an ad+udication upon the merits, unless otherise declared by the court# (.a)

Se%&#!n *' 1ismissal of &ounter&laim, &ross-&laim, or third-party &omplaint # $ %he

provisions of this &ule shall apply to the dismissal of any counterclaim, cross6claim, orthird6party complaint# A voluntary dismissal by the claimant by notice as in section of

this &ule, shall be made before a responsive pleading or a motion for summary +udgment

is served or, if there is none, before the introduction of evidence at the trial or hearing#(-a)

8/3/2019 RULE 1 -20 ROC


RULE 1

Pre-Tr#a

Se%&#!n 1' hen &ondu&ted # $ After the last pleading has been served and filed, if shall

be the duty of the plaintiff to promptly move e2 parte that the case be set for pre6trial (5a,&*=)

Se%&#!n ' Nature and purpose# $ %he pre6trial is mandatory# %he court shall consider"

(a) %he possibility of an amicable settlement or of a submission to alternative

modes of dispute resolution1

(b) %he simplification of the issues1

(c) %he necessity or desirability of amendments to the pleadings1

(d) %he possibility of obtaining stipulations or admissions of facts and of

documents to avoid unnecessary proof1

(e) %he limitation of the number of itnesses1

(f) %he advisability of a preliminary reference of issues to a commissioner1

(g) %he propriety of rendering +udgment on the pleadings, or summary +udgment,or of dismissing the action should a valid ground therefor be found to eist1

(h) %he advisability or necessity of suspending the proceedings1 and

(i) Such other matters as may aid in the prompt disposition of the action# (a,

&*=)

Se%&#!n ' Noti&e of pre-trial # $ %he notice of pre6trial shall be served on counsel, or onthe party ho has no counsel# %he counsel served ith such notice is charged ith the

duty of notifying the party represented by him# (n)

Se%&#!n *' Appearan&e of parties# $ It shall be the duty of the parties and their counsel

to appear at the pre6trial# %he non6appearance of a party may be ecused only if a valid

cause is shon therefor or if a representative shall appear in his behalf fully authoried inriting to enter into an amicable settlement, to submit to alternative modes of dispute

resolution, and to enter into stipulations or admissions of facts and of documents# (n)

Se%&#!n +' ffe&t of failure to appear # $ %he failure of the plaintiff to appear hen sore9uired pursuant to the net preceding section shall be cause for dismissal of the action#

%he dismissal shall be ith pre+udice, unless other6ise ordered by the court# A similar

8/3/2019 RULE 1 -20 ROC


failure on the part of the defendant shall be cause to allo the plaintiff to present his

evidence e2 parte and the court to render +udgment on the basis thereof# (*a, &*=)

Se%&#!n ' Pre-trial 'rief. $ %he parties shall file ith the court and serve on the adverse party, in such manner as shall ensure their receipt thereof at least three (.) days before the

date of the pre6trial, their respective pre6trial briefs hich shall contain, among others"

(a) A statement of their illingness to enter into amicable settlement or alternative

modes of dispute resolution, indicating the desired terms thereof1

(b) A summary of admitted facts and proposed stipulation of facts1

(c) %he issues to be tried or resolved1

(d) %he documents or ehibits to be presented stating the purpose thereof1

(e) A manifestation of their having availed or their intention to avail themselvesof discovery procedures or referral to commissioners1 and

(f) %he number and names of the itnesses, and the substance of their respectivetestimonies#

?ailure to file the pre6trial brief shall have the same effect as failure to appear at the pre6

trial# (n)

Se%&#!n 7' Re&ord of pre-trial # $ %he proceedings in the pre6trial shall be recorded#

7pon the termination thereof, the court shall issue an order hich shall recite in detail the

matters ta'en up in the conference, the action ta'en thereon, the amendments alloed tothe pleadings, and the agreements or admissions made by the parties as to any of the

matters considered# Should the action proceed to trial, the order shall, eplicitly defineand limit the issues to be tried# %he contents of the order shall control the subse9uent

course of the action, unless modified before trial to prevent manifest in+ustice# (5a, &*=)

RULE 19

In&er"en&#!n

Se%&#!n 1' ho may inter(ene# $ A person ho has a legal interest in the matter in

litigation, or in the success of either of the parties, or an interest against both, or is so

situated as to be adversely affected by a distribution or other disposition of property in

the custody of the court or of an officer thereof may, ith leave of court, be alloed tointervene in the action# %he court shall consider hether or not the intervention ill

unduly delay or pre+udice the ad+udication of the rights of the original parties, and

8/3/2019 RULE 1 -20 ROC


hether or not the intervenors rights may be fully protected in a separate proceeding#

(*aB, bBa, &*)

Se%&#!n ' #ime to inter(ene# $ %he motion to intervene may be filed at any time beforerendition of +udgment by the trial court# A copy of the pleading6in6intervention shall be

attached to the motion and served on the original parties# (n)

Se%&#!n ' Pleadings-in-inter(ention# $ %he intervenor shall file a complaint6in6

intervention if he asserts a claim against either or all of the original parties, or an anser6in6intervention if he unites ith the defending party in resisting a claim against the latter#

(*cBa, &*)

Se%&#!n *' Ans%er to &omplaint-in-inter(ention# $ %he anser to the complaint6in6

intervention shall be filed ithin fifteen (5) days from notice of the order admitting thesame, unless a different period is fied by the court# (*dBa, &*)

RULE 2

Caenar !0 Ca$e$

Se%&#!n 1' Calendar of &ases# $ %he cler' of court, under the direct supervision of the

+udge, shall 'eep a calendar of cases for pre6trial, for trial, those hose trials eread+ourned or postponed, and those ith motions to set for hearing# Preference shall be

given to ha'eas &orpus cases, election cases, special civil actions, and those so re9uired

by la# (a, &**)

Se%&#!n ' Assignment of &ases# $ %he assignment of cases to the different branches of a

court shall be done eclusively by raffle# %he assignment shall be done in open session of

hich ade9uate notice shall be given so as to afford interested parties the opportunity to

be present# (:a, &**)

rule 1 -20 roc

Documents