*****

Rule 1 - General Provisions

Section 1 - Rules shall be known and cited as the Rules of Court

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Section 2 - In what courts applicable

These Rules shall apply in all courts

EXC: as otherwise provided by the Supreme Court

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Section 3 - Cases Governed

These rules shall govern procedure to be observed in:

1. Civil proceedings
2. Criminal proceedings
3. Special proceedings

a. Civil action - a party sues another for:

i. enforcement or protection of a right
ii. prevention or redress of a wrong

Civil actions are ordinary or special.

Both are governed by rules for ordinary civil actions, subject to specific rules.

b. Criminal action - State prosecutes a person for an act or omission punishable by

law

c. Special proceeding - remedy which a party seeks to establish a:

i. status
ii. right
iii. particular fact

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Section 4 - Cases not applicable to

These rules shall not apply to:

1. election cases
2. land registration
3. cadastral
4. naturalization
5. insolvency proceedings
6. other cases not herein provided

Except: by analogy or suppletory in character and whenever practicable and

convenient

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Section 5 - Commencement of action

A civil action is commenced by: the filing of the original complaint in court.
Additional defendant is impleaded in a later pleading - the action is commenced
with regard to him on the date of the filing of such later pleading.

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Setion 6 - Construction

Rules shall be liberally construed

To promote their objective of securing a:

1. just
2. speedy
3. inexpensive disposition of every action and proceeding

*****

Rule 2 - Cause of Action

Section 1 - Basis of ordinary civil actions

Every ordinary civil action must be based on a cause of action

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Section 2 - Cause of Action, defined

Act or omission by which a party violates the right of another

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Section 3 - One suit for a single cause of action

A party =/= institute more than one suit for a single cause of action

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Section 4 - Effect of splitting a single cause of action

The filing of one or a judgment upon the merits in any one is a ground for the
dismissal of the others. (litis pendente and res judicata)

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Section 5 - Permissive joinder of causes of action

A party may assert, in one pleading, as many causes of action as he may have
against an opposing party in the alernative or otherwise.

Conditions:
a. Party complies with the rules on joinder
b. No special civil actions or actions governed by special rules in joinder
c. Where causes of action are between the same parties but pertain to different
venues: joinder may be allowed in the RTC if the causes of action falls within the
jurisx of said court and the venue lies therein
d. Where claims in all the causes of action are principally for recovery of money:
the aggregate amount claimed shall be the test of jurisdx

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Section 6 - Misjoinder of causes of action

Not a ground for dismissal

May, on motion of a party or on the initiative of the court, be severed and

proceeded with separately.

*****

Rule 3 - Parties to Civil Action

Section 1 - Plaintiff and Defendant

Only natural or juridical persons or entities authorized by law may be parties to a

civil action

Plaintiff - refers to the claiming party, counter-claimant, cross-claimant, or

third-party plaintiff

Defendant - original defending party, def in a counterclaim, cross-defendant, or

the thid-party defendant

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Section 2 - Parties in interest

Real party in interest

1. stands to be benefited or injured by the judgment in the suit
2. party entitled to the avails of the suit

Every action must be prosecuted or defended in the name of the real party in
interest
EXC: unless otherwise authorized by law or these rules

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Section 3 - Representatives as Parties

Where the action is prosecuted or defended by a representative or someone acting in

a fiduciary capacity

-> Beneficiary shall be included in the title of the case and shall be deemed
the real party in interest

Representative:
1. Trustee of an express trust
2. Guardian
3. Executor or administrator
4. Party authorized by law or these Rules

Agent acting in his own name and for the benefit of an undisclosed principal

-> may sue or be sued without joining the principal except when the contract
involves things belonging to the principal

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Section 4 - Spouses as Parties

Huband and wife shall sue or be sued jointly, except as provided by law

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Section 5 - Minors or Incompetents

May sue or be sued with the assistance of his:

1. father
2. mother
3. guardian
4. guardian ad litem

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Sectioon 6 - Permissive Joinder of Parties

All persons in whom or against whom any right to relief

arising out of the same transaction or series of transactions is alleged to exist

whether jointly, severally, or in the alternative

may join as plaintiffs or as defendants in one complaint

where any question or law of fact common to all such plaintiffs/defendants may
arise in the action

EXC: as otherwise provided in these Rules

Summarized:

All persons may join as plaintiffs or as defendants in one complaint provided:

The right to relief arises out of the same transaction or series of transactions
The parties may be joined jointly, severally, or in the alternative
The question of law or fact common to all parties may arise in the action of the
complaint

The court may make just orders to prevent any plaintiff or defendant from being
embarrassed or put to expense with any proceedings in which he has no interest.

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Section 7 - Compulsory joinder of indispensable actions

Parties in interest without whom no final determination can be had of an action

shall be joined.

Restated: Join parties in interest when a case cannot be determined without their
participation. Such joinder is compulsory.

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Section 8 - Necessary Party

One who is not indispensable but {ought to be joined} if:

1. complete relief is be accorded
2. complete determination or settlement of the claim
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Section 9 - Non-joinder of ncessary parties to be pleaded

When a necessary party is not joined, the pleader shall:

1. set forth his name
2. state why he is omitted

Should the court find the reason unmeritorious:

1. it may order the inclusion of the omitted party if jurisdiction over his person
may be obtained

Waiver of the claim against such party:

1. Failure to comply with the order of inclusion
2. No justifiable cause for non-compliance

Non-inclusion of a necessary party:

1. Does not prevent court from proceeding in the action
2. Judgment rendered therein shall be without prejudice to the rights of such party

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Section 10 - Unwilling co-plaintiff

If a party who should be joined as plaintiff does not consent:

1. he may be made a defendant
2. reason therefore shall be stated in the complaint

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Section 11 - Misjoinder and non-joinder of parties

Misjoinder/non-joinder is not a ground for dimissal

Parties may be dropped or added by:

1. order of the court on motion of any party
2. on its own initiative

At any stage of the action and on just terms

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Section 12 - Class suit

Requisites for class suit:

1. Subject matter is one of common or general interest to many persons
2. The persons are so numerous that it is impracticable to join all as parties
3. A number {sufficiently numerous and representative} as to fully protect the
interests of all concerned may sue or defend for the benefit of all.

Any party in interest shall the right to intervene to protect his interest.

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Section 13 - Alternative defendants

Plaintiff is uncertain against who of several persons he is entitled to relief

 => may join any or all of them as defendants in the alternative

Note: right to relief against one may be inconsistent with a right of relief
against another

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Section 14 - Unknown identity of the name of defendant

Unknown defendant may be sued as:

1. unknown owner
2. Unknown heir or devisee
3. by such other designation as the case may require

When his identity or true name is discovered, the pleading must be amended
accordingly

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Section 15 - Entity without juridical personality as defendant

When two or more persons without juridical personality enter into a transaction

=> may be sued under the name by which they are commonly known

In defendant's answer, the names and addresses of the persons composing the entity
must be revealed

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Section 16 - Death of a party; duty of counsel

When a party to a pending action dies and claim is not extinguished

1. Duty of counsel to inform the court within 30 days from fact of death
2. Counsel shall give the name and address of legal representative
3. Failure of counsel to comply shall be ground for disciplanry action

Heirs of the deceased may be allowed to be subsituted for the deceased. Appointment
of executor/administrator not required; court may appoint a guardian ad litem for
minors

Court shall order said legal reps to appear within 30 days from notice

If no legal rep is named by counsel, or if one fails to appear within the period:
1. Court may order the opposing party to procure the appointment of an exec or
admin for the estate of the deceased
2. Appointed exec or admin shall appear for and on behalf of the deceased
3. Court charges for such appointment may be recovered as costs

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Section 17 - Death or separation of a party who is a public officer

Public officer is a party in his official capacity and during its pendency dies,
resigns, or ceases to hold office, the action may be continued if, within 30 days
or such time as may be granted by the court, his successor:
1. it is sactiforily shown that there is a substantial need for continuing or
maintainng it
2. the successor adopts or continues or threatens to adopt or to continue the
action of his predecessor

Before substitution is made: party or officer thus affected shall be given

reasonable notice of the application and accorded an opportunity to be heard

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Section 18 - Incompetency or incapacity

Upon motion with notice, the court may:

1. allow the action to be continued against him by his legal guardian or guardian
ad litem

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Section 19 - Transfer of interest

The action may be continued by or against the original party

EXC: unless the court (upon motion) directs the person to whom the interest is
transferred to be:
1. substituted in the action; or
2. joined with the original party

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Section 20 - Action or contractual money claims

Action is for recovery of money arising from contract and the defendant dies before
entry of final judgment

=> action shall not be dismissed but shall be allowed to continue until entry
of final judgment

A favorable judgment obtained by the plaintiff shall be enforced in the manner

provided of these Rules.

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Section 21 - Indigent party

Indigent party - no money or property sufficient and available for:

1. food
2. shelter
3. basic necessities for himself and his family

An indigent party may be authorized to litigate his ation as an indigent upon an

ex-parte application and hearing that he meets the requirements of an indigent

An indigent party is exempted from:

1. payment of docket fees and other lawful fees
2. from payment of transcripts of stenographic notes

Docket and other lawful fees the indigent is exempted from shall be a lien on any
judgment rendered in the case favorable to the indigent

An adverse party may contest the grant of such authority at any time before
judgment is rendered
If court determines that an indigent has sufficient property:
1. docket and lawful fees shall be assessed
2. such shall be collected by the clerk of court

If payment is not made in time:

=> execution shall issue or the payment thereof, without prejudice to the
other sanctions the court may impose

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Section 22 - Notice to the Sol-Gen

The court may require the appearance of the Sol-Gen in any action involving the
validity of any:
1. treaty
2. law
3. ordinance
4. executive order
5. presidential decree
6. rules or regulations

Sol-Gen may be heard in person or through a representative

*****

Rule 4 - Venue of Actions

Section 1 - Venue of real actions

Actions affecting:

1. title to or possession of real property

2. or interest therein

Commenced and tried in the proper court which has jurisdiction over the area
wherein the real property involved is situated

F/E and I/D shall be commenced and tried in the MTC of the municipality or city
wherein the real property involved or a portion thereof is situated

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Section 2 - Venue of personal actions

Commenced and tried where the:

1. the plaintiff or any of the principal plaintiffs resides
2. or where the defendant or any of the principal defendants resides
3. in case of a non-resident defendant, where he may be found

All at the election of the plaintiff

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Section 3 - Venue of actions against non-residents

If any of the defendants do not reside and is not found in the Phil
-And the action affects the personal status of the plaintiff
-Or the action affects any property of said defendant located in the Philippines
Action may be commenced and tried in:
1. place where the plaintiff resides
2. where the property or any portion thereof is situated or found

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Section 4 - When rule inapplicable

a. In cases where a specific rule or law provides otherwise (provides a specific

venue); or
b. where the parties have {validly agreed in writing} before the filing of the
action on the exclusive venue

***

Rule 5

Sec. 1 - Uniform Procedure

The procedure in the MTC shal be the same in the RTC, except:
a. a provision expressly or impliedly applies only to either court
b. in civil cases governed by the Rule on Summary Procedure

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Sec. 2 - Meaning of terms

The term Municipal Trial Court includes:

a. Municipal Trial Court
b. Metropolitan Trial Court
c. Municipal Trial Court in Cities
d. Municipal Circuit Trial Court

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RULES ON SUMMARY PROCEDURE

To follow

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Rule 6 - KINDS OF PLEADINGS

Sec. 1 - Pleadings Defined

Pleading
1. Written statement of the claims and defenses of the parties
2. Submitted to the court for appropriate judgment

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Sec. 2 - Pleadings Allowed

Claims of a party are asserted in:

1. complaint
2. counterclaim
3. cross-claim
4. third-party complaint
5. complaint in intervention

Defenses are alleged in the answer

An answer may be responded to by a reply

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Sec. 3 - Complaint

Complaint - pleading that alleges the plaintiff's cause/s of action.

The names and residences of the parties must be stated therein.

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Sec. 4 - Answer

Answer - pleading in which a defending party sets forth his defenses

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Sec. 5 - Defenses

Negative
1. specific denial of the material facts alleged in the pleading of the claimant
2. the material facts to be denied must be essential to the claimant's cause/s of
action

Affirmative
1. Allegation of a new matter
2. Said allegation hypothetically admits the material allegations in the pleading
of the claimant
3. Nevertheless, said admission prevents or bars recovery by the claimant

Examples of Affirmative Defenses:

1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality
6. Statute of Frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy
10 Any other matter by way of confession and avoidance

(FSRPISEFBOA)

Father Silas Rendered Primers

In Seville, England, France, and Belgium
Orleans, Caen, and Andium.

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Sec. 6 - Counterclaim

Counterclaim - claim which a defending party may have against an opposing party
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Sec. 7 - Compulsory Counterclaim

Compulsory Counterclaim
1. Cognizable by the regular courts of justice
2. Arises out of or connected with the transaction or occurence constituting the
opposing party's claim
3. Does not require the presence of third parties for its adjudication

GR: It must be within the jurisdiction of the court as to its amount and the
nature.
EXCP: in an original action before the RTC, the counterclaim may be considered
compulsory regardless of the amount

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Sec. 8 - Cross-Claim

Cross-Claim
1. Any claim by one party against a co-party
2. Claim must arise out of the transaction or occurrence that is the subject matter
of the original action or counterclaim

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Sec. 9 - Counter-Counterclaims and counter-cross claims

A counterclaim may be asserted against an original counter-claimant.

A cross-claim may be filed against an original cross-claimant.

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Sec. 10 - Reply

Reply
1. A pleading that denies or alleges facts in denial or avoidance by way of defense
in the answer
2. Joins or makes issue the new matters

If a party does not file a reply, all the new matters in the answer are deemed
controverted.

Plaintiff wishes to interpose any claims arising out of the new matters alleged
=> such claims shall be set forth in an amended or supplemental complaint

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Sec. 11 - Third party complaint

Claim that a defending party may file against a person not a party to the action

Must be done with leave of court

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Sec. 12 - Bringing new parties

Presence of parties other than those in the original action is required to grant
complete relief
=> Court shall order them to be brought in as defendants if jurisdx can be
obtained

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Sec. 13 - Answer to 3rd party complaint

A third party defendant may allege in his answer such defenses, counterclaims,
cross-claims.

***

Rule 7 - Parts of a Pleading

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Sec. 1 - Caption

Caption sets forth:

1. name of the court
2. title of the action
3. docket number

Title indicates the names of the parties.

Parties shall all be named in the original complaint or petition as well as their
respective participation.

EXC: in subsequent pleadings, it is sufficient that the name of the first party on
each side be indicated that there are other parties

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Sec. 2 - The body

The body of the pleadings sets forth:

1. designation
2. allegations of the claims or defenses
3. relief prayed for
4. date of the pleading

a. Paragraphs
-allegations be divided into paragraps so numbered
-each shall contain a statement of a single set of circumstances as necessary
-a par may be referrred to by its number in all succeeding pleadings

b. Headings
-when two or more causes of action are joined, the statement of the first
shall be prefaced with "first cause of action," so and so forht.
-When one or more paragraphs in the answer are addressed to one of several
causes of action, they shall be prefaced by the words "answer to the first cause of
action"

c. Relief
-pleading shall specify the relief sought
 -it may a general prayer for other relief the court may deem just or
equitable

d. Date
-every pleading shall be dated

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Sec. 3 - Signature and Address

-Every pleading must be signed by the party or counsel representing him

-The address of the counsel must be indicated
-The address should not be a PO box

The signature of the counsel constitutes a certificate by him that:

1. he has read the plaeding
2. to the best of his knowledge, information, and belief there is ground to support
it
3. not interposed for delay

UNSIGNED PLEADING PRODUCES NO LEGAL EFFECT

However, the court at its discretion may allow the deficiency to be remedied if the
same was due to:
a. mere inadvertence
b. not interposed for delay

The following shall subject the counsel to disciplinary action:

1. deliberately files an unsigned pleading
2. alleges indecent or scandalous matter therein
3. signs a pleading in violation of this rule
4. fails to report to the court a change of his address

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Sec. 4 - Verification

Pleadings need not be under oath, verified, or accompanied by an affidavit.

Verification - that the affiant has read the pleading and that the allegations
therein are true and correct of his personal knowledge or based on authentic
records.

A pleading required to be verified and is verified based on the following shall be

treated as an unsigned pleading:
1. information and belief
2. knowledge, information, and belief
3. lacks a proper verification

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Sec. 5 - Certification against forum shopping

The plaintiff/principal party shall certify under oath:

1. in the initiatory pleading asserting a claim or relief; or
2. in a sworn certificate annexed thereto and simultaneously filed therewith

That:
1. He has not commenced any action or filed any claim involving the same issues
before any court, tribunal, or quasi-judicial agency
2. That if there is such other action or claim, a statement of the present status
thereof
3. If he should thereafter learn that a similar action or claim was commenced in
another court, tribunal, or quasi-judicial agency, he shall inform the court 5 days
from knowledge thereof

Failure to comply:
1. not curable by mere amendment of the complaint
2. ground to dismiss the case without prejudice, unless otherwise provided, upon
motion and hearing

The following shall constitute:

Indirect contempt without prejudice to admin and criminal actions:

1. submission of a false certification or non-compliance with any of the
undertakings

Ground for summary dismissal with prejudice, direct contempt, and administrative
sanctions
1. willful and deliberate forum shopping

***

Rule 8 - MANNER OF MAKING ALLEGATIONS IN PLEADINGS

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Sec. 1 - In general

Every pleading shall contain in:

1. methodical and logical form
2. a plain, concise, and direct statement of {ultimate facts}
3. such statement should be the one relied by the party pleading for his claim or
defense
4. omit mere evidentiary facts

If defense relied on is based on law, the following must be stated:

1. pertinent provisions
2. applicability

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Sec. 2 - Alternative causes of action or defense

The Two-Statement Rule

A party may set forth two or more statements of a claim or defense alternatively or
hypothetically

Said statement may either be in one cause of action or defense or in separate

causes of action or defense

Two Statement Insufficiency Rule:

When two or more statements are made in the alternative and one of them if made
independently would be sufficient
=> the insufficiency of one does not make the pleading insufficient
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Sec. 3 - Conditions Precedent

A {general averment} of the performance or occurrence of all conditions precedent

shall be sufficient.

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Sec. 4 - Capacity

The following must be averred:

1. Facts showing the capacity of a party to sue or be sued in a representative
capacity
2. Legal existence of an organized association of persons that is a party

A party desiring to raise an issue as to the legal existence of a party may do so

by specific denial

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Sec. 5 - Fraud, mistake, condition of the mind

The following shall be stated with particularity:

1. Fraud
2. mistake
3. circumsances of the same

The following may be averred generally:

1. Malice
2. intent
3. knowledge
4. other condition of the mind

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Sec. 6 - Judgment

In pleading a judgment or decision of a DOMESTIC or FOREIGN court

=> sufficient to aver the judgment or decision without setting forth matter
showing jurisdiction to render it

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Sec. 7 - Action or defense based on document

Action or defense is based on a written instrument or document

1. substance of such document be set forth in the pleading; or
2. original or copy thereof be attached to the pleading as an exhibit, which shall
be deemed a part of the pleading

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Sec. 8 - How to contest actionable documents

GR: the genuiness and due execution of the instrument shall be deemed admitted,
UNLESS:
a. the adverse party, under oath, specifically denies them; and
b. sets forth what he claims to be the facts

EXC:
1. does not apply when the adverse party does not appear to be a party to the
instrument
2. does not apply when compliance with an order for an inspection of the original
instrument is refused

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Sec. 9 - Official document or act

It is sufficient to aver that the document was issued or the act done in compliance
with the law

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Sec. 10 - Specific Denial

A defendant must:
1. specify each material allegation of fact the truth of which he does not admit;
and
2. shall set forth the substance of the matters upon which he relies to support his
denial

Partial denial - defendant shall specify so much of it as true and material and
deny the rest

If the party is without knowledge or information sufficient to form a belief as to

the truth of a material averment, he shall so state and this shall have the effect
of a denial.

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Sec. 11 - Allegations not specifically denied deemed admitted

Material averment in the complaint shall be deemed admitted when not specifically
denied

Does not apply to amount of unliquidated damages

NOTE: Allegations of usury in a complaint to recover usurious interest deemed

admitted if not denied under oath.

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Sec. 12 - Striking out of pleading or matter contained therein

The court may order any pleading to be stricken out or that any sham or false,
redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom:
a. upon motion made by a party before responding to a pleading
b. If no responsive pleading is permitted, upon motion made by a party within
twenty days from the service of the pleading upon him
c. upon the court's own initiative at any time

***

Rule 9 - Effect of failure to plead

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Sec. 1 - Defenses and objections not pleaded

Those defenses and objections not pleaded in either a motion to dismiss or in the
answer are deemed waived.

But the following cannot be waived:

1. Lack of jurisdiction
2. Litis pendentia
3. Res judicata/staute of limitations

In such cases, the court shall dismiss the claim

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Sec. 2 - Compulsory Claims

A compulsory counterclaim or cross-claim not set up shall be barred.

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Sec. 3 Declaration of Default

If the defendant fails to answer within the time allowed, the court shall declare
the defending party in default:
1. upon motion of the claiming party
2. With notice to the defending party
3. Proof of such failure

The court shall then render judgment granting the claimant relief as his pleading
may warrant unless the court in its discretion requires the claimant to submit
evidence

Such reception of evidence may be delegated to the clerk of court

a. Effect of order - party declared in default entitled to notice of subsequent

proceedings but not take part of the trial

b. Relief from order

1. party declared in default may {at any time after notice thereof and before
judgment} file a motion under oath to set aside the order of default
2. upon proper showing that his failure to answer was due to FAME and that he
has a meritorious defense

The order of default may be set aside on such terms and conditions as the judge may
impose in the interest of justice.

c. Effect of partial default

1. A pleading asserts a claim states a common cause of action against several

defending parties
2. Some answer and others fail
3. Court shall try the case against all upon the answers thus filed and
render judgment upon the evidence presented

d. Extent of relief to be awarded

A judgment rendered against a party in default shall not exceed the amount or be
different in kind from that prayed

e. Where no defaults allowed

In an {action for annulment or declaration of nullity of marriage}, if the

defending party fails to answer, the court shall:
1. order the prosecuting attorney to investigate whether or not a collusion
between the parties exist
2. if there is no collusion, to intervene for the State to see to it that
evidence submitted is not fabricated

***

Rule 10 - AMENDED AND SUPPLEMENTAL PLEADINGS

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Sec. 1 - Amendments in general

Pleadings may be amended by:

1. adding or striking out an allegation or the name of any party
2. correcting a mistake in the name of a party or a mistaken or inadequate
allegation or description

so that the actual merits of the controversy may be speedily determined

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Sec. 2 - Amendments as a matter of right

At any time before a responsive pleading is served

In the case of a reply, at any time within 10 days after it is served

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Sec. 3 - Amendments by leave of court

Substantial amendments may only be made upon leave of court

Such leave may be refused if it appears the motion was made with intent to delay

Orders of the court upon matters provided by this section shall be made upon:
1. motion filed in court
2. after notice to the adverse party and an opportunity to be heard

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Sec. 4 - Formal Amendments

The following may be summarily corrected by the court at any stage of the action,
motu propio or upon motion:
1. defect in the designation of parties
2.typographical errors

Provided: no prejudice is caused to the adverse party

***
What corrected:
1. defect in designation of parties
2. typographical errors

How corrected:
1. summarily
2. motu propio or upon motion

When corrected:
1. at any stage of the action

Condition:
1. no prejudice is caused to the adverse party

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Sec. 5 - Amendment to conform to or authorize presentation of evidence

When issues not raised in the pleadings are tried with the express or implied
consent of the parties
=> treated as if raised in pleadings

Amendments of the pleadings may be necessary to cause them to conform to the

evidence

Raising these issues may be made upon motion of any party at any time, even after
judgment

FAILURE to amend does not affect the results of the trial of these issues

Evidence is objected at the trial on the ground that it's not within the issues
=> court may allow the pleadings to be amended and shall do so with
liberality IF:
i. presentation of merits of the action
ii. substantial justice
=> will be subserved

Court may allow a continuance to enable the amendment to be made

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Sec. 6 - Supplemental Pleadings

A party may serve a {supplemental pleading} setting forth transactions or

occurrences or events which have happened since the date of the pleading upon:
a. motion of a party
b. reaonable notice
c. just terms

Adverse party may plead thereto within 10 days from notice.

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Sec. 7 - Filing of amended pleadings

PLeading is amended - new copy of the entire pleading incorporating the amendments
(which shall be indicated by appropriate marks) shall be filed
-----

Sec. 8 - Effect of amended pleadings

Supersedes the pleading it amends

NOTE: Admissions in superseded pleadings may be received in evidence against the

pleader

NOTE: Claims or defenses alleged therein not incorporated in the amended pleading
deemed waived

***

RULE 11 - WHEN TO FILE RESPONSIVE PLEADINGS

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Sec. 1 - Answer to the complaint

Within 15 days after service of summons

UNLESS: period is fixed by court

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Sec. 2 - Answer of a defendant foreign private entity

Where service of summons is made on the government official designated by law to

receive the same
-Within 30 days after receipt of summons

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Sec. 3 - Answer to amended complaint

When amendment matter of right - 15 days after being served a copy thereof

When amendment not a matter of right - 10 days from notice of order admitting the
same

NOTE: Answer earlier filed may serve as answer to amended complaint when no new
answer is filed

NOTE: Rule shall apply to answer to an amended counterclaim, amended cross-claim,

amended third-party complaint, and amended complaint-in-intervention

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Sec. 4 - Answer to counterclaim or crossclaim

Within 10 days from service

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Sec. 5 - Answer to third-party complaint

Same as answer to the complaint

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Sec. 6 - Reply

Within 10 days from service of pleading responded to

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Sec. 7 - Answer to supplemental complaint

Within 10 days from notice of order admitting the same

-> unless court provides a different period

Answer to complaint shall serve as answer to the supplemental complaint if no new

or supplemental answer is filed

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Sec. 8 - Existing counterclaim or cross-claim

Shall be contained in the answer at the time of filing

-----

Sec. 9 - Counterclaim or cross-claim arising after answer

May be presented as a couterclaim or cross-claim by supplemental pleading BEFORE

judgment

-----

Sec. 10 - Omitted counterclaim or cross-claim

Pleader fails to set up a counterclaim or cross-claim through:

1. Oversight
2. Inadvertance
3. Excusable neglect

(Or when justice requires)

He may, by leave of court, set up the counterclaim or cross-claim by amendment

BEFORE judgment

-----

Sec. 11 - Extension of time to plead

The court may extent the time to plead:

1. Upon motion
2. On such terms as may be just

The court may also allow an answer or other pleading to be filed after the time
fixed by the Rules on like terms.

***

RULE 12 - BILL OF PARTICULARS

-----

Sec. 1 - When applied for

Before responding to a pleading

For any matter which is not averred with sufficient definiteness or particularity
to enable him properly to prepare his responsive pleading

Pleading is a reply - motion must be filed within 10 days from service

Motion shall point out:

1. Defects complained of
2. Paragraphs where they are located
3. Details desired

-----

Sec. 2 - Action by the court

Clerk of court must immediately bring it to the attention of the court which may
either:
1. deny or grant it outright
2. Allow the parties the opportunity to be heard

-----

Sec. 3 - Compliance with order

If motion is granted in whole or in part

=> Compliance must be effected within 10 days from notice, unless different
order is granted by the court

The BoP may be filed either in:

a. a separate pleading
b. amended pleading

Serving a copy thereof to the adverse party

Title of the Document: Compliance

-----

Sec. 4 - Effect of Non-Compliance

In case if:

1. Order is not obeyed

2. Insufficient compliance

The court may:

1. order the striking out of the pleading or portions thereof to which order was
directed
2. such other order as it deems just

Note: Court may also order dismissal of case pursuant to Rule 17, Sec 3 of the
Rules of Court

-----
Sec. 5 - Stay of period to file responsive pleading

After:

1. service of BoP or of a more definite pleading

2. notice of denial of motion

Moving party may file his responsive pleading within the period entitled to at the
time of filing of motion

Such period shall not be less than 5 days.

-----

Sec. 6 - Bill a part of pleading

A BoP becomes part of the pleading

***

RULE 13 - FILING AND SERVICE OF PLEADINGS, JUDGMENTS, AND OTHER PAPERS

-----

Sec. 1 - Coverage

This rule governs:

1. the filing of pleadings and other papers

2. the service thereof

(This rule does not cover those) for which a different mode of service is
prescribed.

-----

Sec. 2 - Filing and service, defined

Filing - act of presenting the pleading before the CoC

Service - act of providing a party with a copy of the pleading or paper concerned

If any party appeared by counsel, service shall be made upon his counsel or upon
him, UNLESS service upon party is required by the court.

Where one counsel appears for several parties, he shall be entitled to one copy of
any paper served upon him by the opposite side.

-----

Sec. 3 - Manner of Filing

The following pleadings shall be filed in accordance with this section:

1. Pleadings
2. Appearances
3. Motions
4. Notices
5. Orders
6. Judgments
7. All other papers

PAMNOJA

Filing shall be made by presenting the original copies, plainly indicated as such:
1. personally to the clerk of court; or
2. sending them by registered mail

If service is made personally to the CoC, CoC shall endorse on the pleading:
1. the date of filing
2. the hour of filing

If service is made by registered mail:

1. the date of the mailing of motions, pleadings, or any other papers or payments
or deposits shall be considered the date of their filing, payment, or deposit in
court
2. the date shall be that shown by the post office stamp on the:
a. envelope; or
b. registry receipt

Envelope shall be attached to the record of the case

-----

Sec. 4 - Papers required to be filed and served

The following requires to be filed with the court and served upon the parties
affected:
1. Judgment
2. Resolution
3. Order
4. Pleading subsequent to the complaint
5. Writen motion
6. Notice
7. Appearance
8. Demand
9. Offer of judgment
10. Similar papers

-----

Sec. 5 - Modes of Service

Service shall be made personally or by mail.

The following shall be served personally or by mail:

1. pleadings
2. motions
3. notices
4. orders
5. judgments
6. other papers

-----

Sec. 6 - Personal Service

Service may be made by:

1. delivering personally a copy to:
a. the party; or
b. his counsel;

2. leaving it in his office with:

a. his clerk or;
b. with a person having charge thereof

If:
1. no person is found in his office;
2. his office is not known
3. he has no known office

Service shall be done by:

1. leaving the copy at the party's or counsel's residence, if known
2. left with a person of:
a. sufficient age and discretion
b. residing therein
3. copy shall be left between the hours of 8 in the morning and 6 in the evening

-----

Sec. 7 - Service by Mail

Service by registered mail shall be made by:

1. depositing the copy in the post office, in a sealed envelope
2. plainly addressed to the party or his counsel
a. at his office, if known;
b. otherwise at his residence, if known
3. with postage fully pre-paid
4. with instructions to the postmaster to return the mail to the sender after ten
(10) days if undelivered

If no registry service is available to the locality of either the sender or

addressee, service may be done by ordinary mail.

Note:

Date of service of registered mail - date of mailing

Date of service of ordinary mail - date of receipt

Stringent if RM. Liberal if OM.

-----

Sec. 8 - Substituted Service

If service cannot be made under the two preceding sections, the office and place of
residence of the party or his counsel being unknown:
1. Service may be made by delivering the copy to the CoC
2. With proof of failure of both personal service and service by mail

The service is complete at the time of such delivery.

-----

Sec. 9 - Service of judgments, final orders, or resolutions

Such shall be served either:

1. personally
2. registered mail

When a party summoned by publication failed to appear in the action, judgments,

final orders, or resolutions against him shall be served upon him also by
publication at the expense of prevailing party

Note: only those judgments, final orders, or resolutions AGAINST a party summoned
by publication may be served with the same by publication

-----

Sec. 10 - Completeness of service

Personal service - upon actual delivery

Service by ordinary mail - upon the expiration of 10 days after mailing

UNLESS: court provides otherwise

Service by registered mail complete upon:

1. actual receipt of addressee
2. after five days from the date the he received the first notice of the
postmaster, whichever date is earlier

Note: This is no longer applicable. Why? Because if by RM, the postman will send it
to addressee and have him sign in a logbook.

-----

Sec. 11 - Priorities in modes of service and filing

Service and filing of pleadings shall be done PERSONALLY.

A resort to other modes MUST be accompanied by a written explanation why the

service or filing was not done personally.
EXC: papers emanating from the court

Violation of this rule

-> paper may not be considered filed

-----

Sec. 12 - Proof of filing

Filing shall be proved by its existence in the record of the case

If it is not in the record but is claimed to have been filed personally, the filing
shall be proved by:
1. the written; or
2. stamped acknoweldgement

of its filing by the clerk of court on a copy of the same

If filed by registered mail:

1. By the registered receipt and affidavit of the person who did the mailing
Affidavit shall contain:
1. A full statement of the date and place of depositing the mail in the post
office in a sealed envelope addressed to the court
2. With postage fully prepaid
 3. With instructions to the postmaster to return the mail to the sender after
10 days if not delivered

+Registry return card

-----

Sec. 13 - Proof of Service

Proof shall consist:

1. Written admission of the party served
2. Official return of the server
3. Affidavit of the party serving, containing a full statement of the date, place,
and manner of service

Service by ordinary mail:

1. Affidavit of person mailing
2. Affidavit must be of facts showing compliance with section 7 of this rule

Service by registered mail:

1. Affidavit issued by the mailing office
2. Registry receipt issued by mailing office

Registry return card shall be filed immediately upon its receipt by the sender

Or in lieu thereof, the unclaimed letter together with the certified or sworn copy
of the notice given by the postmaster to the addressee.

-----

Sec. 14 - Notice of lis pendens

Where:
1. Action affects the title or the right of possession of real property
2. Affirmative relief is claimed in the answer

Plaintiff or defendant may record in the office of the RoD of the province in which
the property is situated a notice of the pendency of the action

Said notice shall contain:

1. names of the parties
2. object of the action or defense
3. description of the property

From time of filing such notice of record:

1. A purchaser or encumberancer shall be deemed to have have constructive notice of
the pendency of the action.
2. And only of its pendency against the parties designated by their real names

Notice of lis pendens may be cancelled only upon order of the court, after proper
showing that the notice:
1. is for the purpose of molesting the adverse party
2. that it is not necessary to protect the rights of the party who caused it

***

RULE 14 - SUMMONS

-----
Sec. 1 - Clerk to issue summons

The CoC shall issue the corresponding summons to the defendants:

1. upon the filing of the complaint
2. upon the payment of the requisite legal fees

+docket fees

-----

Sec. 2 - Contents

The summons shall be:

1. directed to the defendant
2. signed by the clerk of court under seal

It shall contain:
1. name of the court and the names of the parties of the action
2. direction that defendant answer within the time fixed by these Rules
3. notice that unless the defendant so answers, plaintiff will take judgment by
default and may be granted relief applied for

Copy of the complaint and order for appointment of guardian ad litem shall be
attached to the original and each copy of the summons

-----

Sec. 3 - By whom served

Summons may be served by:

1. the sheriff
2. sheriff's deputy
3. other proper court officer
4. for justifiable reasons, by any suitable person authorized by the court issuing
the summons

CoC = ex-officio sheriff

-----

Sec. 4 - Return

When service has been completed, server shall, within 5 days therefrom:
1. serve a copy of the return (report) personally
2. or by registered mail to plaintiff's counsel
3. return the summons to the clerk who issued it
4. with proof of service

-----

Sec. 5 - Issuance of alias summons

Alias summons may be issued by CoC on demand of the plaintiff:

First scenario:
1. Summons is returned without being served on any or all of the defendants
a. Server shall also serve a copy of the return on the plaintiff's counsel
b. He shall state the reasons for failure of service within 5 days therefrom
Second scenario:
2. Summons has been lost

-----

Sec. 6 - Service in person on defendant

Whenever practicable, summons shall be served:

1. by handing a copy thereof to the defendant in person
2. if he refuses to receive and sign for it, by tendering it to him

-----

Sec. 7 - Substituted service

If for justifiable causes, the defendant cannot be served within a reasonable time
provided in the preceding section, service may be effected by:
1. leaving copies of the summons at the defendant's residence with some person of
suitable age and discretion then residing therein
2. leaving the copies at defendant's office or regular place of business with some
competent person in charge thereof

-----

Sec. 8 - Service upon entity without a juridical entity

When persons associated in an entitity without juridical personality are sued under
the name which they are commonly known, service may be effected upon all defendants
by serving upon:
1. any one of them
2. upon the person in charge of the office or place of business

Such service shall not bind:

1. any person whose connection with the entity has, upon due notice, been severed
2. such connection was severed before the action was brought

-----

Sec. 9 - Service upon prisoners

If defendant is a prisoner confined in a jail or institution, service shall be

effected upon him by:
1. the officer having management of such jail or institution
2. such person is deemed deputized as a special sheriff for said purpose

-----

Sec. 10 - Service upon minors and incompetents

When defendant is a:
1. minor
2. insane
3. otherwise an incompetent

Service shall be made upon:

1. him personally and on his legal guardian
2. if he has none, upon his guardian ad litem whose appointment shall be applied
for by the plaintiff
In case of a minor: service may also be made on his father or mother

-----

Sec. 11 - Service upon domestic private juridical entity

If defendant is a corporation, partnership, or association organized under the laws

of the Phil WITH a juridical personality, service may be made on:
1. President
2. Managing partner
3. General manager
4. Corporate secretary
5. Treasurer
6. In-house counsel

-----

Sec. 12 - Service upon foreign private juridical entity

Defendant is a foreign private juridical entity which has transacted business in

the Phil, service may be made on:
1. its resident agent designated in accordance with law for that purpose
2. if there be no such agent:
a. on the government official designated by law to that effect (SEC
Commissioner)
b. or on any of its officers or agents in the Phil

Foreign private juridical entity is not registed in the Phil or has no resident
agent, service may be made with leave of court by:
a. personal service coursed through the appropriate court in the foreign
country with the assistance of the DFA
b. publication once in a newspaper of general circ in the country where def
may be found AND by serving a copy of the summons and the court order by registered
mail at the last known address of the defendant
c. fascimile or any recognized electronic means that could generate proof of
service; or
d. such other means as the court in its discretion direct

-----

Sec. 13 - Service upon public corporations

If defendant is the RP, service may be effected on:

1. Sol-Gen
2. In case of a province, city/muni, like public corporations, on its:
a. executive heads
b. such other officer/s as the law or court may direct

-----

Sec. 14 - Service upon defednant whose identity or whereabouts are unknown

Any action where:

1. defendant designated is an unknown owner
2. defendant's whereabouts are unknown and cannot be ascertained by diligent
inquiry

Service may, by leave of court, be effected upon him:

1. By publication in a newspaper of general circ
2. in such places and for such time as court may order

-----

Sec. 15 - Extraterritorial service

Requisites for ET Service:

When the defendant does not reside and is not found in the Philippines and the
action
1. affects or is related to the personal status of the plaintiff
2. subject of which is property within the Phil in w/c def has or claims a lien or
interest
3. relief demanded consists, wholly or in part, in excluding the defendant from any
interest therein
4. the property of the defendant has been attached within the Philippines

Service may, by leave of court, be effected out of the Philippines by:

1. Personal service under Section 6;
2. Publication in a newspaper of general circ in such places and for such time as
court may order
=> In which case a copy of the summons and order of the court shall be sent
by registered mail to the last known address of the defendant;
3. Or in any other manner as the court may deem sufficient

Any order granting such leave shall specify

-----

Sec. 16 - Residents temporarily out of the Philippines

When any action is commenced against a defendant:

1. who ordinarily resides within the Philippines
2. but who is temporarily out of it

Service may, by leave of court, be effected out of the Philippines as under the
preceding section.

-----

Sec. 17 - Leave of Court

Any application to the court under this Rule for leave to effect service in any
manner shall be:
1. made by motion in writing
2. supported by affidavit of the plaintiff or some person on his behalf
3. such affidavit shall set forth the grounds for the application

-----

Sec. 18 - Proof of service

Proof of service of summons shall be:

1. in writing by the server

2. set forth the manner, place, and date of service
3. specify papers served with the process
4. name of person who received it
5. sworn to when made by a person OTHER than a sheriff or his deputy

Sheriff - no need to swear (accdg to judge, no affidavit required due to oath he

already took)

-----

Sec. 19 - Proof of service by publication

Service may be proved by:

1. affidavit of the printer or:
a. his foreman
b. principal clerk
c. editor
c. business or advertising manager
2. to which a copy of the publication shall be attached
3. affidavit showing:
a. the deposit of a copy of the summons and order for publication in the post
office
b. postage prepaid
c. directed to the defendant by registered mail to his last known address

-----

Sec. 20 - Voluntary appearance

Defendant's voluntary appearance in the action shall be equivalent to summons.

Inclusion in a motion to dismiss of other grounds aside lack of jurisidiction over

the person of the defendant shall not be deemed voluntary appearance

***

RULE 15 - MOTIONS

***

-----

Sec. 1 - Motion defined

Application for relief other than by a pleading

-----

Sec. 2 - Motions must be in writing

All motions shall be in writing

=> EXC: 1. those made in open court
2. those made in the course of a hearing or trial

-----

Sec. 3 - Contents

Motion shall state:

1. Relief sought to be obtained
2. Grounds upon which it is based and to prove facts alleged
3. Accompanied by supporting affidavits and other papers
-----

Sec. 4 - Hearing of motion

Every written motion shall be set for hearing

=> EXC: for motions which the court may act upon without prejudicing the
rights of the adverse party

Every written motion required to be heard and notice to hearing hereof

=> served in such a manner to ensure its receipt by the other party AT LEAST
3 days before date of hearing
=> unless: court for good cause sets the hearing on shorter notice

EXP:
1. urgent motions
2. motions which the party agreed to be heard on shorter notice
3. ex parte motions
4. motions for summary judgment (10D before)

-----

Sec. 5 - Notice of hearing

Notice of hearing shall be:

1. addressed to all parties concerned
2. specify the time and date of the hearing
=> hearing must not be later than 10 after filing of motion

-----

Sec. 6 - Proof of service

No written motion set for hearing shall be acted upon by the court without proof of
service thereof.

-----

Sec. 7 - Motion day

All motions shall be scheduled for hearing on Friday afternoons

If Friday is a non-working holiday

=> in the afternoon or the next working day

EXC: motions requiring immediate action

-----

Sec. 8 - Omnibus motion

A motion attacking a:
1. pleading
2. Order
3. judgment
4. proceeding

Shall include all objections available.

All objections not included = waived

Subject to provisions of S1R9

-----

Sec. 9 - Motion for leave

Motion for leave to file a pleading or motion shall be accompanied by the pelading
or motion

-----

Sec. 10 - Form

Rules applicable to pleadings shall apply to written motions so far as concerns

caption, designation, signature, and other maters of form.

***

RULE 16 - MOTION TO DISMISS

***

-----

Sec. 1 - Grounds

When: within time for but before filing the answer

Grounds:
1. No juris over party
2. No juris over claim
3. improper venue
4. no legal capacity
5. litis pendentia
6. statute of limitations
7. no cause of action
8. claim has been paid, waived, abandoned, or extinguished
9. unenforceable
10. condition precedent not met

-----

Sec. 2 - Hearing of motion

Parties shall submit their:

1. arguments on the questions of law
2. evidence on the questions of fact involved
EXCP: those not available at the time

Should the case go to trial:

=> evid presented during hearing shall automatically be part of the evid of
the party presenting the same

-----

Sec. 3 - Resolution of motion

After hearing, court may:
1. dismiss the action or claim
2. deny the motion
3. order the amendment of the pleading

Court =/= defer the resolution of the motion for the reason that the ground relied
upon is not indubitable

Resolution shall state clearly and distinctly the reasons therefor

-----

Sec. 4 - Time to plead

If the motion is denied, the movant shall file his answer within the balance of the
period prescribed by Rule 11, but not less than 5 days in any event (computed from
his receipt of notice of denial).

Pleading is ordered amended

=> file answer within the period prescribed by Rule 11 unless court provides
a longer period (counted from service of the amended pleading)

-----

Sec. 5 - Effect of dismissal

Subject to right of appeal, an order granting a motion to dismiss based on pars

(f), (h), and (i) shall bar the refiling of the action or claim.

In other words:

As a general rule, an order granting a motion to dismiss does not bar the refiling
thereof.

However, if the case was dismissed based on pars. f, h, and i, the action is barred
from being refiled.

-----

Sec. 6 - Pleading grounds as affirmative defenses

If no MoD has been filed:

=> any ground for dismissal provided for in this rule may be pleaded as an AD
in the answer
=> a preliminary hearing may be had as if a MoD had been filed (in the
discretion of the court)

Dismissal of complaint under this section =/= prejudice to the prosecution in the
same or separate action of a CC pleaded in the answer

Last par restated: A counterclaim pleaded in the answer may be prosecuted in the
same or separate action even if the complaint has been dismissed based on R16.

***

Rule 17 - DISMISSAL OF ACTIONS

***
-----

Sec. 1 - Dismissal upon notice by plaintiff

Complaint may be dismissed by the ptff by filing a notice of dismissal at any time
before:
1. service of the answer
2. service of a motion for summary judgmen

Upon such notice being filed = court to issue order confirming dismissal
(no need for deliberation or hearing)

Dismissal is without prejudice uness stated in the notice

EXC: notice operates as an adjudication upon the merits when [filed by a
plaintiff who once dismissed in a competent court an action based on or including
the same claim]

In other words:

Generally, a dismissal by the plaintiff is w/o prejudice.

However, the notice shall operate as an adjudcx UPON the merits when the plaintiff
had previously dismissed in a competent court an action:
1. based on the same claim
2. including the same claim

-----

Sec. 2 - Dismissal upon motion of plaintiff

Except as provided in Sec. 1 of this Rule, a complaint shall not be dismissed at

the plaintiff's instance except:
1. upon approval of the court
2. upon such terms and conditions the court deems proper

If a CC has been pleaded by def prior to the service of the ptff's motion for
dismissal upon him:
=> dismissal shall be limited to the complx

Dismissal = w/o prejudice to the right of defendant to prosecute his CC in a

separate action unless:
=> within 15 days from notice of the motion he manifests his preference to
have his cc resolved in the same action

A dismissal under this par shall be without prejudice unless otherwise specified in
the order

A class suit =/= dismissed or compromised w/o approval of court

-----

Sec. 3 - Dismissal due to fault of ptff

Complaint may be dismissed upon:

1. motion of the def
2. court's own motion

If for no justifiable cause:

1. ptff fails to appear on the date of the presentation of his evidence in chief on
the complaint
2. to prosecute his action for an unreasonable length of time
3. comply with these Rules or any order of the court

This dismissal is w/o prejud to the rght of def to prosec his cc in the same or
separate action

Dismissal shall be deemed an adjudic upon the merits, unless otherwise declared by
the court

-----

Sec. 4 - Dismissal of cc, cxc, or 3rd party complx

Provisions of this rule shall apply to the dismissal of any:

1. cc
2. cxc
3. 3pc

Voluntary dismissal by the claimant by notice = made before a responsive pleading

or a motion for summary judgment is served
=> if there is none, before the introduction of evidence at the trial or
hearing

*****

Rule 18 - PRE-TRIAL

-----

Sec. 1 - When conducted

After last pleading has been served and filed

Duty of plaintiff to move ex-parte that the case be set for pre-trial

-----

Sec. 2 - Nature and purpose

1. Amicable settlement or submission to alternative modes of dispute resolution

2. Simplification of issues
3. Amendments
4. Obtain stipuations or admissions of facts and of documents
5. Limit number of witnesses
6. Reference to commissioner
7. propriety of rendering:
a. judgment on the pleadings
b. summary judgment
c. dismising the action
8. advisability of suspending the proceedings
9. such matters as may aid in the prompt disposition of the action

-----

Sec. 3 - Notice of pre-trial

Notice of pre-trial shall be served on:

1. counsel; or
2. the party who has no counsel

Counsel serve with notice has duty to notify party he represents

-----

Sec. 4 - Appearance

Duty of parties and their counsel to appear at the pre-trial

Non-Apperance when excusable:

1. vaid cause shown; or
2. representative shall appear in his behalf fully authorized in writing to:
a. enter into amicable settlement
b. enter to alternative modes of dispute resolution
c. enter into stipulations or admissions of facts and of documents

-----

Sec. 5 - Effect of failure to appear

Plaintiff - cause for dismissal of the action. Dismissal shall be without

prejudice, unless otherwise ordered

Defendant - cause to allow plaintiff to present evidence ex-parte and court to

render judgment based thereof

-----

Sec. 6 - Pre-trial brief

Pre-trial brief shall be filed with the court and served to the adverse party at
least three days before the date of the pre-trial

It shall contain:
1. Statement of willingness to enter into amicable settlement or AMDS
2. summary of admitted facts and proposed stipulation of facts
3. Issues to be tried
4. Documents to be presented, stating the purpose thereof
5. Manifestation of having availed or itnent toavail of discovery procedures
6. Number and names of witnesses and substance of their testimonies

-----

Sec. 7 - Record of pre-trial

Proceedings in the PT shall be recorded

Upon termination, court shall issue an order which shall:

1. recite the matters taken up in the conference
2. Action taken
3. amendments allowed to the pleadings
4. agreements or admissions made by the parties

If action proceeds to trial = order shall define and limit issues to be tried
***

Rule 19 - INTEVENTION

-----

Sec. 1 - Who may intervene

1. Legal interest in the action

2. Legal interest in the success of either of the parties
3. Legal interest in both (action and success of either parties)
4. Situated so as to be adversely affected by a distribution or other disposition
of property in the custody of the court

Court shall consider:

1. if intervention will delay or prejudice rights of original parties
2. if the intervenor's rights can be protected in a separate proceeding

-----

Sec. 2 - Time to intervene

Any time before judgment is rendered

-----

Sec. 3 - Pleadings in intervention

Intervenor shall file a:

1. complaint in intervention if he = asserts a claim against either or all of the
original parties
2. answer in intervention = unites with the defending party i resisting a claim
against the latter

-----

Sec. 4 - Answer to C-i-I

Within 15 days from notice of the order admitting the same unless court provides
diff period

***

Rule 20 - CALENDAR OF CASES

***

-----

Sec. 1 - Calendar of cases

Clerk of court shll keep a calendar of cases for:

1. Pre-trial
2. trial
3. adjourned or postponed trials
4. motions to be set for hearing

Preference shall be given to:

1. habeas corpus cases
2. election cases
3. special civil actions
4. those required by law

-----

Sec. 2 - Assignment of cases

Assignment of casesshall be done exclusively by raffle.

Assignmenet shall be done in open session of which adequate notice shall be given
as afforded to interested parties

***

Rule 21 - Subpoena

***

-----

Sec. 1 - Subpoene and subpoena duces tecum

Subpoena - process directed to a person requiring him to attend and to:

1. testify at the hearing or trial
2. testify at any investigation conducted by competent court
3. for the taking of his deposition

-----

Sec. 2 - Whom issued

1. Court where witness is required to attend

2. place where deposition will be taken
3. officer or body authorized by law to do so in connection with investigations
conducted by them
4. justice of the SC or CA

Subpoena is made to a prisoner:

1. judge or officer shall examine and study carefully such appliaction to determine
if the same is for a valid purpose

No prisoner shall be brought outside a penal institution if:

1. he is sentenced to death, RP, or LI
2. confined in any penal institution

UNLESS: authorized by SC

-----

Sec. 3 - Form and contents

Subpoena shall:
1. state the name of the court
2. title of the action
3. directed to person whose attendance is required

Subpoena DT:
1. all those aforementioned
2. reasonable description of the BDTd
3. such BDTd must appear prima facie relevant to the court

-----

Sec. 4 - Quashing a subpoena

SubDT may be quasehed:

1. upon motion
2. in any event, at or before the time speified therein if:
a. unreasonable and oppressive
b. relevancy does not appear prim facie
c. person in whose behalf the subpoena is issued fails to advance reasonable
cost of the production thereof

Court may quash SubAT:

1. witness is not bound thereby
2. witness fees and kilometrage llowed by the rules are not tendered

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Sec. 5 - Subpoena for depositions

Proof of service of notice to take deposition

= sufficient authorization for the issuance of subponas for persons named in
said notice

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Sec. 6 - Service

Made in same manner as personal or substituted service of summons

Original shall be exhibited. The copy thereof shall be delivered to the person on
whom it is served. The fees for one day's appearance sall be tendered to him as
well as the kilometrage.

When a subpoena is issued by or on behalf of the RP or an officer or agency

thereof, the tender need not be made.

Service must be made to alow the witness a reasonable time for preparation and
travel to the place of attendance

If SubDT = reasonable cost of producing the BDTd shall also be tendered

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Sec. 7 - Personal appearancein court

Person present in court before a judicial officer may be required to testify S IF

her were in attendance upon a subpoena issued by such court or officer

^^^^TAKE NOTE

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Sec. 8 - Compelling attendance

Witness fails to attend: upon proof of such failure, court or jduge may issue a
warrant to the sheriff (or his deputy) of the province to arrest and bring the
witness to the court.

Cost of such warrant and seizure = paid by the witness if court determines that his
failure to answer was:
1. willfull; and
2. without just cause

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Sec. 9 - Contempt

Failure of a person without adequate cause to obey a SP served upon him shall be
deemed contempt of court

SP not issued by court = disobedience shall be punished in accordance with

applicable rule or law

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Sec. 10 - Exceptions

Sec 8 and 9 do not apply to:

1. witness who resides more than 100km from his residenceto the place where he is
to testify by the ordinary course of travel
2. detention prisoner if no permission of the court was obtained

***

Rule 22 - COMPUTATION OF TIME

***

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Sec. 1 - How to compute time

Exclude the first day and include the last day

Last day falls on a Sat, Sun, or legal holdiay: time shall not run until the next
working day

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Sec. 2 - Effect of interruption

Should act be done which effectively interrupts the running of the period
= period shall run on the day after notice of the cessation of the cause
thereof

Day of the act that caused the itnerruption shall be excluded in the computation of
the period