Rules of Court

RULE 1 GENERAL PROVISIONS

Section 1. — Title of the Rules. —- These Rules shall be known and cited as the Rules of Court. (1)

In what courts applicable

Section 2.

In what courts applicable. —- These Rules shall apply in all the courts, except as otherwise provided by the Supreme Court. (2)

Cases governed

Section 3.

Cases governed. —- These Rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings.

(a) A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong.

A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action.

(b) A criminal action is one by which the State prosecutes a person for an act or omission punishable by law.

(c) A special proceeding is a remedy by which a party seek s to establish a status, a right, or a particular fact. (3)

In what cases not applicable

Section 4.

In what cases not applicable.—- These Rules shall not apply to election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient. (4)

Commencement of action

Section 5.

Commencement of action. - A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced withregard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (6a)

Construction

Section 6.

Construction. — These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (2a)

RULE 2 CAUSE OF ACTION

Section 1.

Ordinary civil actions, basis of —- Every ordinary civil action must be based on a cause of action. (1)

Cause of action, defined

Section 2.

Cause of action, defined. —- A cause of action is the act or omission by which a party violates a right of another. (2)

One suit for a single cause of action

Section 3.

One suit for a single cause of action. —- A party may not institute more than one suit for a single cause of action. (3)

Section 4.

Splitting a single cause of action; effect of —- If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in anyone is available as a ground for the dismissal of the others. (4)

Joinder of causes of action

Section 5.

Joinder of causes of action. —- A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have against an opposing party, subject to the following conditions:

(a) The party joining the causes of action shall comply with the rules on joinder of parties;

(b) The joinder shall not include special civil actions or actions governed by special rules;

(c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and

(d) Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. (5)

Misjoinder of causes of action

Section 6.

Misjoinder of causes of action. - Misjoinder of causes of action is not a ground for dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. (6)

RULE 3 PARTIES TO CIVIL ACTIONS

Who may be parties; plaintiff and defendant

Section 1.

Who may be parties; plaintiff and defendant. —- Only natural or juridical persons, or entities authorized by law may be parties in a civil action. The term "plaintiff" may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.)[-]party plaintiff. The term "defendant "may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.) - party defendant. (1)

Parties in interest

Section 2.

Parties in interest. —- A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest. (2)

Representatives as parties

Section 3.

Representatives as parties. —- Where the action is allowed to be prosecuted or 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 party in interest. A representative may be a trustee of an express trust, a guardian, an executor or administrator, or a party authorized by law or these Rules. An 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. (3)

Spouses as parties

Section 4.

Spouses as parties. —- Husband and wife shall sue or be sued jointly, except as provided by law. (4)

Minor or incompetent persons

Section 5.

Minor or incompetent persons. - A minor or a person alleged to be incompetent, may sue or be sued, with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem . (5)

Permissive joinder of parties

Section 6.

Permissive joinder of parties. —- All persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, may, except as otherwise provided in these Rules, join as plaintiffs or be joined as defendants in one complaint, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action; but the court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest. (6)

Compulsory joinder of indispensable parties

Section 7.

Compulsory joinder of indispensable parties. - Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants. (7)

Necessary party

Section 8.

Necessary party. —- A necessary party is one who is not indispensable but who ought to be joined 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 subject of the action. (8)

Non-joinder of necessary parties to be pleaded

Section 9.

Non-joinder of necessary parties to be pleaded. —- Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall set forth his name, if known, and shall state why he is omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained.

The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the claim against such party.

The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the judgment rendered therein shall be without prejudice to the rights of such necessary party. (9)

Unwilling co-plaintiff

Section 10.

Unwilling co-plaintiff. - If the consent of any party who should be joined as plaintiff can not be obtained, he may be made a defendant and the reason therefor shall be stated in the complaint. (10)

Misjoinder and nonjoinder of parties

Section 11.

Misjoinder and nonjoinder of parties. —- Neither misjoinder nor non-joinder 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 own initiative at any stage of the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately. (11)

Class suit

Section 12.

Class suit. - When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them which the court finds to be 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 have the right to intervene to protect his individual interest. (12)

Alternative defendants

Section 13.

Alternative defendants. —- Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other. (13)

Unknown identity or name of defendant

Section 14.

Unknown identity or name of defendant. —- Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require; when his identity or true name is discovered, the pleading must be amended accordingly. (14)

Entity without juridical personality as defendant

Section 15.

Entity without juridical personality as defendant. —- When two or more persons not organized as an entity with juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly known.

In the answer of such defendant, the names and addresses of the persons composing said entity must all be revealed. (15)

Death of party; duty of counsel

Section 16.

Death of party; duty of counsel. —- Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action.

The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.

The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) 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 within the specified period, the court may order the opposing party, within a specified time, to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs. (16)

Death or separation of a party who is a public officer

Section 17.

Death or separation of a party who is a public officer. —- When a public officer is a party in an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against his successor if, within thirty (30) days after the successor takes office or such time as may be granted by the court, it is satisfactorily shown to the court by any party that there is a substantial need for continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue the action of his predecessor. Before a substitution is made, the party or officer to be affected, unless expressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to be heard. (17)

Incompetency or incapacity

Section 18.

Incompetency or incapacity. —- If a party becomes incompetent or incapacitated, the court, upon motion with notice, may allow the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian— ad litem .—(18)

Transfer of interest

Section 19.

Transfer 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 whom the interest is transferred to be substituted in the action or joined with the original party. (19)

Action on contractual money claims

Section 20.

Action on contractual money claims. —- When the action is for recovery of money arising from contract, express or implied, and the defendant dies before entry of final judgment in the court in which the action was pending at the time of such death, it shall not be dismissed but shall instead be allowed to continue until entry of final judgment. A favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these Rules for prosecuting claims against the estate of a deceased person. (20)

Indigent party

Section 21.

Indigent party. —- A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family.

Such authority shall include an exemption from payment of dock et and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the dock et and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides.

Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an indigent is in fact a person with sufficient income or property, the proper dock et and other lawful fees shall be assessed and collected by the clerk of court. If payment is not made within the time fixed by the court, execution shall issue or the payment thereof, without prejudice to such other sanctions as the court may impose. (21)

Notice to the Solicitor General

Section 22.

Notice to the Solicitor General. —- In any action involving the validity of any treaty, law, ordinance, executive order, presidential decree, rules or regulations, the court, in its discretion, may require the appearance of the Solicitor General who may be heard in person or through a representative duly designated by him. (22)

RULE 4 VENUE OF ACTIONS

Venue of real actions

Section 1.

Venue of real actions. —- Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated.

Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated. (1)

Venue of personal actions

Section 2.

Venue of personal actions. —- All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a nonresident defendant where he may be found, at the election of the plaintiff. (2)

Venue of actions against nonresidents

Section 3.

Venue of actions against nonresidents. —- If any of the defendants does not reside 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 where the plaintiff resides, or where the property or any portion thereof is situated or found. (3)

When Rule not applicable

Section 4.

When Rule not applicable. —- This Rule shall not apply —

(a) In those cases where a specific rule or law provides otherwise; or

(b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof. (3a, 5a)

RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS

Uniform procedure

Section 1.

Uniform procedure. —- The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the Rule on Summary Procedure. (1)

Meaning of terms

Section 2.

Meaning of terms. —- The term "Municipal Trial Courts" as used in these Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts. (2)

RULE 6 KINDS OF PLEADINGS

Pleadings defined

Section 1.

Pleadings defined. —— [No amendment]

Pleadings allowed

Section 2.

Pleadings allowed. —— The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.

The defenses of a party are alleged in the answer to the pleading asserting a claim against him—or her.

An answer may be responded to by a reply—only if the defending party attaches an actionable document to the answer.

Complaint

Section 3.

Complaint. —— The complaint is the pleading alleging the plaintiffs or claiming party's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.

Answer

Section 4.

Answer. — [No amendment]

Defenses

Section 5.

Defenses. —— Defenses may either be negative or affirmative.

(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action.

(b) An affirmative defense is an allegation of, a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him—or her. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance.

Affirmative defenses may also include grounds for the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment.

Counterclaim

Section 6.

Counterclaim. — [No amendment]

Compulsory counterclaim

Section 7.

Compulsory counterclaim. — A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount.—A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by these Rules.

Cross-claim

Section 8.

Cross-claim. — A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may—cover all or part of the original claim.

Counter-counterclaims and counter-cross-claims

Section 9.

Counter-counterclaims and counter-cross-claims. —— [No amendment]

Reply

Section 10.

Reply. ———All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint. However, the plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer.

A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged—in, or relating to, said actionable document.

In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document.

Third, (fourth, etc

Section 11.

Third, (fourth, etc.)-party complaint. —— A third (fourth, etc.)-party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.)-party defendant for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim.

The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where: (a) the third (fourth, etc.)-party defendant cannot be located within thirty (30) calendar days from the grant of such leave; (b) matters extraneous to the issue in the principal case are raised; or (c) the effect would be to introduce a new and separate controversy into the action.

Bringing new parties

Section 12.

Bringing new parties. — [No amendment]

Answer to third (fourth, etc

Section 13.

Answer to third (fourth, etc.)-party complaint. — [No amendment]

RULE 7 PARTS—AND CONTENTS—OF PLEADING

Caption

Section 1.

Caption. — [No amendment]

The body

Section 2.

The body. —— [No amendment]

Signature and address

Section 3.

Signature and address. ———(a)—Every pleading and other written submissions to the court must be signed by the party or counsel representing him—or her.

(b) The signature of counsel constitutes a certificate by him—or her—that he—or she—has read the pleading—and document; that to the best of his—or her—knowledge, information, and belief,—formed after an inquiry reasonable under the circumstances:

(1) It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing existing jurisprudence;

(3) The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after availment of the modes of discovery under these rules; and

(4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

(c)—If the court determines, on motion or— motu proprio —and after notice and hearing, that this rule has been violated, it may impose an appropriate sanction or refer such violation to the proper office for disciplinary action, on any attorney, law firm, or party that violated the rule, or is responsible for the violation. Absent exceptional circumstances, a law firm shall be held jointly and severally liable for a violation committed by its partner, associate, or employee. The sanction may include, but not limited to, non-monetary directives or sanctions; an order to pay a penalty in court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation, including attorney's fees for the filing of motion for sanction. The lawyer or law firm cannot pass on the monetary penalty to the client.

Verification

Section 4.

Verification. — Except when otherwise specifically required by law or rule, pleadings need not be under oath or verified.

A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The authorization of the affiant to act on behalf of a party, whether in the form of a secretary's certificate or a special power of attorney, should be attached to the pleading, and shall allege the following attestations:

(a) The allegations in the pleading are true and correct based on his personal knowledge, or based on authentic documents;

(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and

(c) The factual allegations therein have evidentiary support or, if specifically so identified, will likewise have evidentiary support after a reasonable opportunity for discovery.

The signature of the affiant shall further serve as a certification of the truthfulness of the allegations in the pleading.

A pleading required to be verified—that—contains a verification based on "information and belief," or upon "knowledge, information and belief," or lacks a proper verification, shall be treated as an unsigned pleading.

Certification against forum shopping

Section 5.

Certification against forum shopping. — The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5)—calendar—days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.

The authorization of the affiant to act on behalf of a party, whether in the form of a secretary's certificate or a special power of attorney, should be attached to the pleading.

Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.

Contents

Section 6.

Contents. — Every pleading stating a party's claims or defenses shall, in addition to those mandated by Section 2, Rule 7, state the following:

(a) Names of witnesses who will be presented to prove a party's claim or defense;

(b) Summary of the witnesses' intended testimonies, provided that the judicial affidavits of said witnesses shall be attached to the pleading and form an integral part thereof. Only witnesses whose judicial affidavits are attached to the pleading shall be presented by the parties during trial. Except if a party presents meritorious reasons as basis for the admission of additional witnesses, no other witness or affidavit shall be heard or admitted by the court; and

(c) Documentary and object evidence in support of the allegations contained in the pleading.—(n)

RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS

In general

Section 1.

In general. —— Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts,—including the evidence—on which the party pleading relies for his claim or defense, as the case may be.

If a—cause of action—or defense relied on is based on law, the pertinent provisions thereof and their applicability to him—or her—shall be clearly and concisely stated.

Alternative causes of action or defenses

Section 2.

Alternative causes of action or defenses. — [No amendment]

Conditions precedent

Section 3.

Conditions precedent. —— [No amendment]

Capacity

Section 4.

Capacity. — [No amendment]

Fraud, mistake, condition of the mind

Section 5.

Fraud, mistake, condition of the mind. — [No amendment]

Judgment

Section 6.

Judgment. — In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.—An authenticated copy of the judgment or decision shall be attached to the pleading.

Action or defense based on document

Section 7.

Action or defense based on document. —— Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading.

How to contest such documents

Section 8.

How to contest such documents. — [No amendment]

Official document or act

Section 9.

Official document or act. —— [No amendment]

Specific denial

Section 10.

Specific denial. —— [No amendment]

Allegations not specifically denied deemed admitted

Section 11.

Allegations not specifically denied deemed admitted. — Material—averments—in—a pleading asserting a claim or claims, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied.

Affirmative defenses

Section 12.

Affirmative defenses. — (a) A defendant shall raise his affirmative defenses in his answer, which shall be limited to the reasons set forth under Section 5(b), Rule 6, and the following grounds:

1. That the court has no jurisdiction over the person of the defending party;

2. That venue is improperly laid;

3. That the plaintiff has no legal capacity to sue;

4. That the pleading asserting the claim states no cause of action; and

5. That a condition precedent for filing the claim has not been complied with.

(b) Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof.

(c) The court shall— motu proprio —resolve the above affirmative defenses within thirty (30) calendar days from the filing of the answer.

(d) As to the other affirmative defenses under the first paragraph of Section 5(b), Rule 6, the court may conduct a summary hearing within fifteen (15) calendar days from the filing of the answer. Such affirmative defenses shall be resolved by the court within thirty (30) calendar days from the termination of the summary hearing.

(e) Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for— certiorari , prohibition or—mandamus, but may be among the matters to be raised on appeal after a judgment on the merits.—(n)

Striking out of pleading or matter contained therein

Section 13.

Striking out of pleading or matter contained therein. —— Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these Rules, upon motion made by a party within twenty (20)—calendar—days after the service of the pleading upon him—or her, or upon the court's own initiative at any time, the court may order any pleading to be stricken out or that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom. (12)

RULE 9 EFFECT OF FAILURE TO PLEAD

Defenses and objections not pleaded

Section 1.

Defenses and objections not pleaded. —— [No amendment]

Compulsory counterclaim, or cross-claim, not set up barred

Section 2.

Compulsory counterclaim, or cross-claim, not set up barred. — [No amendment]

Default; Declaration of

Section 3.

Default; Declaration of. — [No amendment]

(a)—Effect of order of default.—— [No amendment]

(b)—Relief from order of default. — [No amendment]

(c)—Effect of partial default.—— [No amendment]

(d)—Extent of relief to be awarded. — [No amendment]

(e)—Where no defaults allowed. — If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to answer, the court shall order the—Solicitor General or his or her deputized public prosecutor, to investigate whether or not a collusion between the parties exists, and if there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated.

RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS

Amendments in general

Section 1.

Amendments in general. —— [No amendment]

Amendments as a matter of right

Section 2.

Amendments as a matter of right. — A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time within ten (10)—calendar—days after it is served.

Amendments by leave of court

Section 3.

Amendments by leave of court. — Except as provided in the next preceding Section, substantial amendments may be made only upon leave of court. But such leave—shall—be refused if it appears to the court that the motion was made with intent to delay or—confer jurisdiction on the court, or the pleading stated no cause of action from the beginning which could be amended.—Orders of the court upon the matters provided in this Section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard.

Formal amendments

Section 4.

Formal amendments. —— [No amendment]

No—amendment necessary to conform to or authorize presentation of evidence

Section 5.

No—amendment necessary to conform to or authorize presentation of evidence. —— When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.—No amendment of such pleadings deemed amended is necessary to cause them to conform to the evidence.

Supplemental pleadings

Section 6.

Supplemental pleadings. —— Upon motion of a party, the court may, upon reasonable notice and upon such terms as are just, permit him—or her—to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto within ten (10)—calendar days—from notice of the order admitting the supplemental pleading.

Filing of amended pleadings

Section 7.

Filing of amended pleadings. — [No amendment]

Effect of amended pleadings

Section 8.

Effect of amended pleadings. — An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be—offered—in evidence against the pleader, and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.

RULE 11 WHEN TO FILE RESPONSIVE PLEADINGS

Answer to the complaint

Section 1.

Answer to the complaint. — The defendant shall file his answer to the complaint within—thirty (30) calendar days—after service of summons, unless a different period is fixed by the court.

Answer of a defendant foreign private juridical entity

Section 2.

Answer of a defendant foreign private juridical entity. —— Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same, the answer shall be filed within—sixty (60) calendar days—after receipt of summons by such entity.

Answer to amended complaint

Section 3.

Answer to amended complaint. — When the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within—thirty (30) calendar days—after being served with a copy thereof.

Where its filing is not a matter of right, the defendant shall answer the amended complaint within—fifteen (15) calendar—days from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed.

This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.)-party complaint, and amended complaint-in-intervention.

Answer to counterclaim or cross-claim

Section 4.

Answer to counterclaim or cross-claim. — A counterclaim or cross-claim must be answered within—twenty (20) calendar—days from service.

Answer to third (fourth, etc

Section 5.

Answer to third (fourth, etc.)-party complaint. —— [No amendment]

Reply

Section 6.

Reply. ——A reply, if allowed under Section 10, Rule 6 hereof, may be filed within fifteen (15) calendar—days from service of the pleading responded to.

Answer to supplemental complaint

Section 7.

Answer to supplemental complaint. —— A supplemental complaint may be answered within—twenty (20) calendar—days from notice of the order admitting the same, unless a different period is fixed by the court. The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. (7)

Existing counterclaim or cross-claim

Section 8.

Existing counterclaim or cross-claim. —— [No amendment]

Counterclaim or cross-claim arising after answer

Section 9.

Counterclaim or cross-claim arising after answer. — [No amendment]

Omitted counterclaim or cross-claim

Section 10.

Omitted counterclaim or cross-claim. — [No amendment]

Extension of time to—file an answer

Section 11.

Extension of time to—file an answer. — A defendant may, for meritorious reasons, be granted an additional period of not more than thirty (30) calendar days to file an answer. A defendant is only allowed to file one (1) motion for extension of time to file an answer.

A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by these Rules.

RULE 12 BILL OF PARTICULARS

When applied for; purpose

Section 1.

When applied for; purpose. — Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter, which is not averred with sufficient definiteness or particularity, to enable him—or her—properly to prepare his or her responsive pleading. If the pleading is a reply, the motion must be filed within ten (10)—calendar—days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired.

Action by the court

Section 2.

Action by the court. —— [No amendment]

Compliance with order

Section 3.

Compliance with order. —— If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10)—calendar—days from notice of the order, unless a different period is fixed by the court. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party. (3)

Effect of non-compliance

Section 4.

Effect of non-compliance. — [No amendment]

Stay of period to file responsive pleading

Section 5.

Stay of period to file responsive pleading. — After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion, which shall not be less than five (5)—calendar—days in any event. (5)

Bill apart of pleading

Section 6.

Bill apart of pleading. — [No amendment]

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

Coverage

Section 1.

Coverage. — This Rule shall govern the filing of all pleadings,—motions, and other court submissions,—as well as their service, except those for which a different mode of service is prescribed. (1)

Filing and Service, defined

Section 2.

Filing and Service, defined. — Filing is the act of—submitting—the pleading or other paper to the—court.

Service is the act of providing a party with a copy of the pleading—or any other court submission.—If—a—party has appeared by counsel, service upon—such party—shall be made upon his—or her—counsel or one of them, unless service upon the party—and the party's counsel—is ordered by the court. Where one counsel appears for several parties,—such counsel—shall only be entitled to one copy of any paper served by the opposite side.

Where several counsels appear for one party, such party shall be entitled to only one copy of any pleading or paper to be served upon the lead counsel if one is designated, or upon any one of them if there is no designation of a lead counsel.

Manner of filing

Section 3.

Manner of filing. — The filing of pleadings and other court submissions—shall be made by:

(a) Submitting personally the original thereof, plainly indicated as such, to the court;

(b) Sending them by registered mail;

(c) Sending them by accredited courier; or

(d) Transmitting them by electronic mail or other electronic means as may be authorized by the Court in places where the court is electronically equipped.

In the first case, the clerk of court shall endorse on the pleading the date and hour of filing.—In the second and third cases, the date of the mailing of motions, pleadings, and other court submissions, and payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing, payment, or deposit in court. The envelope shall be attached to the record of the case.—In the fourth case, the date of electronic transmission shall be considered as the date of filing.

Papers required to be filed and served

Section 4.

Papers required to be filed and served. — [No amendment]

Modes of Service

Section 5.

Modes of Service. —Pleadings, motions, notices, orders, judgments, and—other court submissions shall be served personally or by registered mail, accredited courier, electronic mail, facsimile transmission, other electronic means as may be authorized by the Court, or as provided for in international conventions to which the Philippines is a party.

Personal Service

Section 6.

Personal Service. ——Court submissions may be served by personal delivery of—a copy to the party or—to the party's—counsel,—or to their authorized representative named in the appropriate pleading or motion,—or by leaving it in his—or her—office with his—or her—clerk, or with a person having charge thereof. If no person is found in his—or her—office, or his—or her—office is not known, or he—or she—has no office, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or counsel's residence, if known, with a person of sufficient age and discretion residing therein.

Service by mail

Section 7.

Service by 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—to the party's—counsel at his—or her—office, if known, otherwise at his—or her—residence, if known, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after ten (10)—calendar—days if undelivered. If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail.

Substituted service

Section 8.

Substituted service. — [No amendment]

Service by electronic means and facsimile

Section 9.

Service by electronic means and facsimile. —— Service by electronic means and facsimile shall be made if the party concerned consents to such modes of service.

Service by electronic means shall be made by sending an e-mail to the party's or counsel's electronic mail address, or through other electronic means of transmission as the parties may agree on, or upon direction of the court.

Service by facsimile shall be made by sending a facsimile copy to the party's or counsel's given facsimile number.—(n)

Presumptive service

Section 10.

Presumptive service. — There shall be presumptive notice to a party of a court setting if such notice appears on the records to have been mailed at least twenty (20) calendar days prior to the scheduled date of hearing and if the addressee is from within the judicial region, or at least thirty (30) calendar days if the addressee is from outside the judicial region.—(n)

Change of electronic mail address or facsimile number

Section 11.

Change of electronic mail address or facsimile number. —— A party who changes his or her electronic mail address or facsimile number while the action is pending must promptly file, within five (5) calendar days from such change, a notice of change of e-mail address or facsimile number with the court and serve the notice on all other parties.

Service through the electronic mail address or facsimile number of a party shall be presumed valid unless such party notifies the court of any change, as aforementioned.—(n)

Electronic mail and facsimile subject and title of pleadings and other documents

Section 12.

Electronic mail and facsimile subject and title of pleadings and other documents. — The subject of the electronic mail and facsimile must follow the prescribed format: case number, case title and the pleading, order or document title. The title of each electronically-filed or served pleading or other document, and each submission served by facsimile shall contain sufficient information to enable the court to ascertain from the title: (a) the party or parties filing or serving the paper, (b) nature of the paper, (c) the party or parties against whom relief, if any, is sought, and (d) the nature of the relief sought.—(n)

Service of Judgments, Final Orders or Resolutions

Section 13.

Service of Judgments, Final Orders or Resolutions. —— Judgments, final orders, or resolutions shall be served either personally or by registered mail.—Upon— ex parte —motion of any party in the case, a copy of the judgment, final order, or resolution may be delivered by accredited courier at the expense of such party.—When a party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him—or her—shall be served upon him—or her—also by means of publication at the expense of the prevailing party. (9)

Conventional service or filing of orders, pleadings and other documents

Section 14.

Conventional service or filing of orders, pleadings and other documents. —— Notwithstanding the foregoing, the following orders, pleadings, and other documents must be served or filed personally or by registered mail when allowed, and shall not be served or filed electronically, unless express permission is granted by the Court:

(a) Initiatory pleadings and initial responsive pleadings, such as an answer;

(b) Subpoenae, protection orders, and writs;

(c) Appendices and exhibits to motions, or other documents that are not readily amenable to electronic scanning may, at the option of the party filing such, be filed and served conventionally; and

(d) Sealed and confidential documents or records.—(n)

Completeness of service

Section 15.

Completeness of service. — Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of ten (10)—calendar—days after mailing, unless the court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee, or after five (5)—calendar—days from the date he—or she—received the first notice of the postmaster, whichever date is earlier.—Service by accredited courier is complete upon actual receipt by the addressee, or after at least two (2) attempts to deliver by the courier service, or upon the expiration of five (5)—calendar—days after the first attempt to deliver, whichever is earlier.

Electronic service is complete at the time of the electronic transmission of the document, or when available, at the time that the electronic notification of service of the document is sent. Electronic service is not effective or complete if the party serving the document learns that it did not reach the addressee or person to be served.

Service by facsimile transmission is complete upon receipt by the other party, as indicated in the facsimile transmission printout.—(10)

Proof of filing

Section 16.

Proof of filing. — The filing of a pleading or—any other court submission—shall be proved by its existence in the record of the case.

(a) If—the pleading or any other court submission—is not in the record, but is claimed to have been filed personally, the filing shall be proven by the written or stamped acknowledgment of its filing by the clerk of court on a copy of the pleading or court submission;

(b) If the pleading or any other court submission was—filed by registered mail,—the filing shall be proven—by the registry receipt and by the affidavit of the person—who mailed it, containing a full statement of the date and place of—deposit of—the mail in the post office in a sealed envelope addressed to the court, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10)—calendar—days if not delivered.

(c) If the pleading or any other court submission was filed through an accredited courier service, the filing shall be proven by an affidavit of service of the person who brought the pleading or other document to the service provider, together with the courier's official receipt and document tracking number.

(d) If the pleading or any other court submission was filed by electronic mail, the same shall be proven by an affidavit of electronic filing of the filing party accompanied by a paper copy of the pleading or other document transmitted or a written or stamped acknowledgment of its filing by the clerk of court. If the paper copy sent by electronic mail was filed by registered mail, paragraph (b) of this Section applies.

(e) If the pleading or any other court submission was filed through other authorized electronic means, the same shall be proven by an affidavit of electronic filing of the filing party accompanied by a copy of the electronic acknowledgment of its filing by the court.—(12)

Proof of service

Section 17.

Proof of service. — Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a statement of the date, place, and manner of service. If the service is made by:

(a) Ordinary mail. - Proof shall consist of an affidavit of the person mailing stating the facts showing compliance with Section 7 of this Rule.

(b) Registered mail. - Proof shall be made by the affidavit—mentioned above—and the registry receipt issued by the mailing office. ℒαwρhi৷ The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof, the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee.

(c) Accredited courier service. - Proof shall be made by an affidavit of service executed by the person who brought the pleading or paper to the service provider, together with the courier's official receipt or document tracking number.

(d) Electronic mail, facsimile, or other authorized electronic means of transmission. - Proof shall be made by an affidavit of service executed by the person who sent the e-mail, facsimile, or other electronic transmission, together with a printed proof of transmittal.(13)

Court-issued orders and other documents

Section 18.

Court-issued orders and other documents. — The court may electronically serve orders and other documents to all the parties in the case which shall have the same effect and validity as provided herein. A paper copy of the order or other document electronically served shall be retained and attached to the record of the case.—(n)

Notice of lis pendens

Section 19.

Notice of lis pendens. —— In an action affecting the title or the right of possession of real property, the plaintiff and the defendant, when affirmative relief is claimed in his answer, may record in the office of the registry of deeds of the province in which the property is situated a notice of the pendency of the action. Said notice shall contain the names of the parties and the object of the action or defense, and a description of the property in that province affected thereby. Only from the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby, be deemed to have constructive notice of the pendency of the action, and only of its pendency against the parties designated by their real names.

The notice of—lis pendens—hereinabove mentioned may be cancelled only upon order of the court, after proper showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded. (14)

RULE 14 SUMMONS

Clerk to issue summons

Section 1.

Clerk to issue summons. ——Unless the complaint is on its face dismissible under Section 1, Rule 9, the court shall, within five (5) calendar days from receipt of the initiatory pleading and proof of payment of the requisite legal fees, direct the—clerk of court to issue the corresponding summons to the defendants.

Contents

Section 2.

Contents. — The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain:

(a) The name of the court and the names of the parties to the action;

(b) When authorized by the court upon— ex parte motion, an authorization for the plaintiff to serve summons to the defendant;

(c) A direction that the defendant answer within the time fixed by these Rules; and

(d) A notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for.

A copy of the complaint and order for appointment of guardian— ad litem , if any, shall be attached to the original and each copy of the summons.

By whom served

Section 3.

By whom served. —— The summons may be served by the sheriff, his deputy, or other proper court officer,—and in case of failure of service of summons by them, the court may authorize the plaintiff - to serve the summons - together with the sheriff.

In cases where summons is to be served outside the judicial region of the court where the case is pending, the plaintiff shall be authorized to cause the service of summons.

If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its authorized representative therein, attaching a board resolution or secretary's certificate thereto, as the case may be, stating that such representative is duly authorized to serve the summons on behalf of the plaintiff.

If the plaintiff misrepresents that the defendant was served summons, and it is later proved that no summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and the plaintiff shall be meted appropriate sanctions.

If summons is returned without being served on any or all the defendants, the court shall order the plaintiff to cause the service of summons by other means available under the Rules.

Failure to comply with the order shall cause the dismissal of the initiatory pleading without prejudice.

Section 4.

Validity of summons and—issuance of alias summons———Summons shall remain valid until duly served, unless it is recalled by the court. In case of loss or destruction of summons, the court may, upon motion, issue an—alias—summons.

There is failure of service after unsuccessful attempts to personally serve the summons on the defendant in his address indicated in the complaint. Substituted service should be in the manner provided under Section 6 of this Rule.—(5)

Service in person on defendant

Section 5.

Service in person on defendant. — Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person—and informing the defendant that he or she is being served, or, if—he or she—refuses to receive and sign for it,—by leaving the summons within the view and in the presence of the defendant.(6)

Substituted service

Section 6.

Substituted service. — If, for justifiable causes, the defendant cannot be served—personally after at least three (3) attempts on two (2) separate dates, service may be effected:

(a) By leaving copies of the summons at the defendant's residence—to a person at least eighteen (18) years of age and of sufficient discretion—residing—therein;

(b) By leaving copies—of the summons—at the defendant's office or regular place of business with some competent person in charge thereof.—A competent person includes, but not limited to, one who customarily receives correspondences for the defendant;

(c) By leaving copies of the summons, if refused entry upon making his or her authority and purpose known, with any of the officers of the homeowners' association or condominium corporation, or its chief security officer in charge of the community or the building where the defendant may be found; and

(d) By sending an electronic mail to the defendant's electronic mail address, if allowed by the court.

Service upon entity without juridical personality

Section 7.

Service upon entity without juridical personality. —— When persons associated in an entity without juridical personality are sued under the name by which they are generally or commonly known, service may be effected upon all the defendants by serving upon any one of them, or upon the person in charge of the office or place of business maintained in such name. But such service shall not bind individually any person whose connection with the entity has, upon due notice, been severed before the action was—filed. (8)

Service upon prisoners

Section 8.

Service upon prisoners. —— When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him—or her—by the officer having the management of such jail or institution who is deemed as a special sheriff for said purpose.—The jail warden shall file a return within five (5) calendar days from service of summons to the defendant.—(9)

Service consistent with international conventions

Section 9.

Service consistent with international conventions. — Service may be made through methods which are consistent with established international conventions to which the Philippines is a party.—(n)

Service upon minors and incompetents

Section 10.

Service upon minors and incompetents. — When the defendant is a minor, insane or otherwise an incompetent—person,—service—of summons—shall be made upon him—or her—personally and on his—or her—legal guardian if he—or she—has one, or if none, upon his—or her—guardian— ad litem —whose appointment shall be applied for—by—the plaintiff. In the case of a minor, service—shall—be made on his—or her parent or guardian.

Service upon spouses

Section 11.

Service upon spouses. - When spouses are sued jointly, service of summons should be made to each spouse individually.—(n)

Service upon domestic private juridical entity

Section 12.

Service upon domestic private juridical entity. — When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in-house—counsel of the corporation wherever they may be found, or in their absence or unavailability, on their secretaries.

If such service cannot be made upon any of the foregoing persons, it shall be made upon the person who customarily receives the correspondence for the defendant at its principal office.

In case the domestic juridical entity is under receivership or liquidation, service of summons shall be made on the receiver or liquidator, as the case may be.

Should there be a refusal on the part of the persons above-mentioned to receive summons despite at least three (3) attempts on two (2) separate dates, service may be made electronically, if allowed by the court, as provided under Section 6 of this rule.—(11)

Duty of counsel of record

Section 13.

Duty of counsel of record. — Where the summons is improperly served and a lawyer makes a special appearance on behalf of the defendant to, among others, question the validity of service of summons, the counsel shall be deputized by the court to serve summons on his client.—(n)

Service upon foreign private juridical entities

Section 14.

Service upon foreign private juridical entities. — When the defendant is a foreign private juridical entity which has transacted—or is doing—business in the Philippines,—as defined by law,—service may be made on its resident agent designated in accordance with the law for that purpose, or, if there be no such agent, on the government official designated by law to that effect, or on any of its officers, agents,—directors or trustees—within the Philippines.

If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has transacted or is doing business in it, as defined by law, such service may, with leave of court, be effected outside of the Philippines through any of the following means:

(a) By personal service coursed through the appropriate court in the foreign country with the assistance of the department of foreign affairs;

(b) By publication once in a newspaper of general circulation in the country where the defendant 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) By facsimile;

(d) By electronic means with the prescribed proof of service; or

(e) By such other means as the court, in its discretion, may direct.—(12)

Service upon public corporations

Section 15.

Service upon public corporations. —— When the defendant is the Republic of the Philippines, service may be effected on the Solicitor General; in case of a province, city or municipality, or like public corporations, service may be effected on its executive head, or on such other officer or officers as the law or the court may direct. (13)

Service upon defendant whose identity or whereabouts are unknown

Section 16.

Service upon defendant whose identity or whereabouts are unknown. — In any action where the defendant is designated as an unknown owner, or the like, or whenever his—or her—whereabouts are unknown and cannot be ascertained by diligent inquiry,—within ninety (90) calendar days from the commencement of the action,—service may, by leave of court, be effected upon him—or her—by publication in a newspaper of general circulation and in such places and for such time as the court may order.

Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar days after notice, within which the defendant must answer.—(14)

Extraterritorial service

Section 17.

Extraterritorial service. — When the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under Section 6;—or as provided for in international conventions to which the Philippines is a party;—or by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant, or in any other manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60)—calendar—days after notice, within which the defendant must answer. (15)

Residents temporarily out of the Philippines

Section 18.

Residents temporarily out of the Philippines. — When any action is commenced against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it, service may, by leave of court, be also effected out of the Philippines, as under the preceding Section. (16)

Leave of court

Section 19.

Leave of court. — Any application to the court under this Rule for leave to effect service in any manner for which leave of court is necessary shall be made by motion in writing, supported by affidavit of the plaintiff or some person on his behalf, setting forth the grounds for the application. (17)

Return

Section 20.

Return. ——Within thirty (30) calendar days from issuance of summons by the clerk of court and receipt thereof, the sheriff or process server, or person authorized by the court, shall complete its service. Within five (5) calendar days from service of summons, the server shall file with the court and serve a copy of the return to the plaintiff's counsel, personally, by registered mail, or by electronic means authorized by the Rules.

Should substituted service have been effected, the return shall state:

(1) The impossibility of prompt personal service within a period of thirty (30) calendar days from issue and receipt of summons;

(2) The date and time of the three (3) attempts on at least (2) two separate dates to cause personal service and the details of the inquiries made to locate the defendant residing thereat; and

(3) The name of the person at least eighteen (18) years of age and of sufficient discretion residing thereat; name of competent person in charge of the defendant's office or regular place of business, or name of the officer of the homeowners' association or condominium corporation or its chief security officer in charge of the community or building where the defendant may be found.—(4)

Proof of service

Section 21.

Proof of service. — The proof of service of a summons shall be made in writing by the server and shall set forth the manner, place, and date of service; shall specify any papers which have been served with the process and the name of the person who received the same; and shall be sworn to when made by a person other than a sheriff or his—or her—deputy.

If summons was served by electronic mail, a printout of said e-mail, with a copy of the summons as served, and the affidavit of the person mailing, shall constitute as proof of service.—(18)

Proof of service by publication

Section 22.

Proof of service by publication. — If the service has been made by publication, service may be proved by the affidavit of the—publisher,—editor, business or advertising manager, to which affidavit a copy of the publication shall be attached and by an affidavit showing the deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the defendant by registered mail to his—or her—last known address. (19)

Voluntary appearance

Section 23.

Voluntary appearance. — The defendant's voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant—shall be deemed—a voluntary appearance. (20)

RULE 15 MOTIONS

Motion defined

Section 1.

Motion defined. — [No amendment]

Motions must be in writing

Section 2.

Motions must be in writing. — All motions shall be in writing except those made in open court or in the course of a hearing or trial.

A motion made in open court or in the course of a hearing or trial should immediately be resolved in open court, after the adverse party is given the opportunity to argue his or her opposition thereto.

When a motion is based on facts not appearing on record, the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

Contents

Section 3.

Contents. — [No amendment]

[Section 4. Hearing of motion. — Deleted]

Non-litigious motions

Section 4.

Non-litigious motions. — Motions which the court may act upon without prejudicing the rights of adverse parties are non-litigious motions.—These motions include:

a) Motion for the issuance of an—alias—summons;

b) Motion for extension to file answer;

c) Motion for postponement;

d) Motion for the issuance of a writ of execution;

e) Motion for the issuance of an—alias—writ of execution;

f) Motion for the issuance of a writ of possession;

g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and

h) Other similar motions.

These motions shall not be set for hearing and shall be resolved by the court within five (5) calendar days from receipt thereof.—(n)

Litigious motions

Section 5.

Litigious motions. —— (a) Litigious motions include:

1. Motion for bill of particulars;

2. Motion to dismiss;

3. Motion for new trial;

4. Motion for reconsideration;

5. Motion for execution pending appeal;

6. Motion to amend after a responsive pleading has been filed;

7. Motion to cancel statutory lien;

8. Motion for an order to break in or for a writ of demolition;

9. Motion for intervention;

10. Motion for judgment on the pleadings;

11. Motion for summary judgment;

12. Demurrer to evidence;

13. Motion to declare defendant in default; and

14. Other similar motions.

(b) All motions shall be served by personal service, accredited private courier or registered mail, or electronic means so as to ensure their receipt by the other party.

(c) The opposing party shall file his or her opposition to a litigious motion within five (5) calendar days from receipt thereof. No other submissions shall be considered by the court in the resolution of the motion.

The motion shall be resolved by the court within fifteen (15) calendar days from its receipt of the opposition thereto, or upon expiration of the period to file such opposition.—(n)

Notice of hearing on litigious motions; discretionary

Section 6.

Notice of hearing on litigious motions; discretionary. — The court may, in the exercise of its discretion, and if deemed necessary for its resolution, call a hearing on the motion.—The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing. (5)

Proof of service necessary

Section 7.

Proof of service necessary. ———No written motion shall be acted upon—by the court without proof of service thereof,—pursuant to Section 5(b) hereof.—(6)

Motion day

Section 8.

Motion day. — Except for motions requiring immediate action,—where the court decides to conduct hearing on a litigious motion, the same shall be set on a Friday.—(7)

Omnibus motion

Section 9.

Omnibus motion. — Subject to the provisions of Section 1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall include all objections then available, and all objections not so included shall be deemed waived. (8)

Motion for leave

Section 10.

Motion for leave. — A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted. ℒαwρhi৷ (9)

Form

Section 11.

Form. — The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of form. (10)

Prohibited motions

Section 12.

Prohibited motions. —— The following motions shall not be allowed:

(a) Motion to dismiss except on the following grounds:

1) That the court has no jurisdiction over the subject matter of the claim;

2) That there is another action pending between the same parties for the same cause; and

3) That the cause of action is barred by a prior judgment or by the statute of limitations;

(b) Motion to hear affirmative defenses;

(c) Motion for reconsideration of the court's action on the affirmative defenses;

(d) Motion to suspend proceedings without a temporary restraining order or injunction issued by a higher court;

(e) Motion for extension of time to file pleadings, affidavits or any other papers, except a motion for extension to file an answer as provided by Section 11, Rule 11; and

(f) Motion for postponement intended for delay, except if it is based on acts of God,—force majeure—or physical inability of the witness to appear and testify. If the motion is granted based on such exceptions, the moving party shall be warned that the presentation of its evidence must still be terminated on the dates previously agreed upon.

A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee under Section 21(b), Rule 141, to be submitted either at the time of the filing of said motion or not later than the next hearing date. The clerk of court shall not accept the motion unless accompanied by the original receipt.—(n)

Dismissal with prejudice

Section 13.

Dismissal with prejudice. —— Subject to the right of appeal, an order granting a motion to dismiss—or an affirmative defense that the cause of action is barred by a prior judgment or by the statute of limitations; that the claim or demand set forth in the plaintiffs pleading has been paid, waived, abandoned or otherwise extinguished; or that the claim on which the action is founded is unenforceable under the provisions of the statute of frauds,—shall bar the refiling of the same action or claim. (5, R16)

RULE 16 MOTION TO DISMISS

[Provisions either deleted or transposed]

RULE 17 DISMISSAL OF ACTIONS

Dismissal upon notice by plaintiff

Section 1.

Dismissal upon notice by plaintiff. —— [No amendment]

Dismissal upon motion of plaintiff

Section 2.

Dismissal upon motion of plaintiff. —— Except as provided in the preceding section, a complaint shall not be dismissed at the plaintiffs instance save upon approval of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him—or her—of the plaintiff's motion for dismissal, the dismissal shall be limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to prosecute his—or her—counterclaim in a separate action unless within fifteen (15)—calendar—days from notice of the motion he or she manifests his—or her—preference to have his—or her—counterclaim resolved in the same action. Unless otherwise specified in the order, a dismissal under this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without the approval of the court.

Dismissal due to fault of plaintiff

Section 3.

Dismissal due to fault of plaintiff.—— If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his—or her—evidence in chief on the complaint, or to prosecute his—or her—action for an unreasonable length of time, or to comply with these Rules or any order of the court, the complaint may be dismissed upon motion of the defendant or upon the court's own motion, without prejudice to the right of the defendant to prosecute his—or her—counterclaim in the same or in a separate action. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court.

Dismissal of counterclaim, cross-claim, or third-party complaint

Section 4.

Dismissal of counterclaim, cross-claim, or third-party complaint. — [No amendment]

RULE 18 PRE-TRIAL

When conducted

Section 1.

When conducted. — After the last—responsive—pleading has been served and filed,—the branch clerk of court shall issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set not later than sixty (60) calendar days from the filing of the last responsive pleading.

Nature and Purpose

Section 2.

Nature and Purpose. — The pre-trial is mandatory—and should be terminated promptly.—The court shall consider:

(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;

(b) The simplification of the issues;

(c) The possibility of obtaining stipulations or admissions of facts arid of documents to avoid unnecessary proof;

(d) The limitation of the number—and identification—of witnesses—and the setting of trial dates;

(e) The advisability of a preliminary reference of issues to a commissioner;

(f) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist;

(g) The requirement for the parties to:

1) Mark their respective evidence if not vet marked in the judicial affidavits of their witnesses;

2) Examine and make comparisons of the adverse parties' evidence— vis-a-vis —the copies to be marked;

3) Manifest for the record stipulations regarding the faithfulness of the reproductions and the genuineness and due execution of the adverse parties' evidence;

4) Reserve evidence not available at the pre-trial, but only in the following manner:

1) For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed witness;

2) For documentary evidence and other object evidence, by giving a particular description of the evidence.

No reservation shall be allowed if not made in the manner described above.—(h)

(h) Such other matters as may aid in the prompt disposition of the action.

The failure without just cause of a party and counsel to appear during pre-trial, despite notice, shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution.

The failure without just cause of a party and/or counsel to bring the evidence required shall be deemed a waiver of the presentation of such evidence.

The branch clerk of court shall prepare the minutes of the pre-trial, which shall have the following format: (See prescribed form)

Notice of Pre-trial

Section 3.

Notice of Pre-trial. ———The notice of pre-trial shall include the dates respectively set for:

(a)—Pre-Trial;

(b)—Court-Annexed Mediation; and

(c)—Judicial Dispute Resolution, if necessary.

The notice of pre-trial shall be served on counsel, or on the party who has no counsel. The counsel served with such notice is charged with the duty of notifying the party represented by him—or her.

Non-appearance at any of the foregoing settings shall be deemed non-compliance at the Pre-Trial and shall merit the same sanctions under Section 5 hereof.

Appearance of Parties

Section 4.

Appearance of Parties. — It shall be the duty of the parties and their counsel to appear at the pre-trial,—court-annexed mediation, and judicial dispute resolution, if necessary. The non-appearance of a party and counsel may be excused only for acts of God,—force majeure, or duly substantiated physical inability.

A representative may appear on behalf of a party, but shall be fully authorized in writing to enter into an amicable settlement to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and documents.

Effect of failure to appear

Section 5.

Effect of failure to appear. ——When duly notified,—the failure of the plaintiff—and counsel—to appear—without valid cause—when so required, pursuant to the next preceding Section, shall cause the dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered by the court. A similar failure on the part of the defendant—and counsel—shall be cause to allow he plaintiff to present his—or her—evidence—ex-parte—within ten (10) calendar days from termination of pre-trial,—and the court to render judgment on the basis—of the evidence offered.

Pre-trial brief

Section 6.

Pre-trial brief. —— The parties shall file with the court and serve on the adverse party, in such manner as shall ensure their receipt thereof at least three (3)—calendar—days before the date of the pre-trial, their respective pre-trial briefs which shall contain, among others:

(a) A concise statement of the case and the reliefs prayed for;

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

(c) The main factual and legal—issues to be tried or resolved;

(d) The propriety of referral of factual issues to commissioners;

(e) The documents—or other object evidence to be marked, stating the purpose thereof;

(f) The names of the witnesses, and the—summary—of their respective testimonies;—and

(g) Brief statement of points of law and citation of authorities.

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. (8)

Pre-Trial Order

Section 7.

Pre-Trial Order. — Upon termination of pre-trial, the court shall issue an order within ten (10) calendar—days which shall recite in detail the matters taken up.—The order shall include:

(a) An enumeration of the admitted facts;

(b) The minutes of the pre-trial conference;

(c) The legal and factual issue/s to be tried;

(d) The applicable law, rules, and jurisprudence;

(e) The evidence marked;

(f) The specific trial dates for continuous trial, which shall be within the period provided by the Rules;

(g) The case flowchart to be determined by the court, which shall contain the different stages of the proceedings up to the promulgation of the decision and the use of time frames for each stage in setting the trial dates;

(h) A statement that the one-day examination of witness rule and most important witness rule under A.M. No. 03-1-09-SC (Guidelines for Pre-Trial) shall be strictly followed; and

(i) A statement that the court shall render judgment on the pleadings or summary judgment, as the case may be.

The direct testimony of witnesses for the plaintiff shall be in the form of judicial affidavits. After the identification of such affidavits, cross-examination shall proceed immediately.

Postponement of presentation of the parties' witnesses at a scheduled date is prohibited, except if it is based on acts of God,—force majeure—or duly substantiated physical inability of the witness to appear and testify. The party who caused the postponement is warned that the presentation of its evidence must still be terminated within the remaining dates previously agreed upon.

Should the opposing party fail to appear without valid cause stated in the next preceding paragraph, the presentation of the scheduled witness will proceed with the absent party being deemed to have waived the right to interpose objection and conduct cross-examination.

The contents of the pre-trial order shall control the subsequent proceedings, unless modified before trial to prevent manifest injustice.—(7)

Court-Annexed Mediation

Section 8.

Court-Annexed Mediation. — After pre-trial and, after issues are joined, the court shall refer the parties for mandatory court-annexed mediation.

The period for court-annexed mediation shall not exceed thirty (30) calendar days without further extension.—(n)

Judicial Dispute Resolution

Section 9.

Judicial Dispute Resolution. — Only if the judge of the court to which the case was originally raffled is convinced that settlement is still possible, the case may be referred to another court for judicial dispute resolution. The judicial dispute resolution shall be conducted within a non-extendible period of fifteen (15) calendar days from notice of failure of the court-annexed mediation.

If judicial dispute resolution fails, trial before the original court shall proceed on the dates agreed upon.

All proceedings during the court-annexed mediation and the judicial dispute resolution shall be confidential.—(n)

Judgment after pre-trial

Section 10.

Judgment after pre-trial. — Should there be no more controverted facts, or no more genuine issue as to any material fact, or an absence of any issue, or should the answer fail to tender an issue, the court shall, without prejudice to a party moving for judgment on the pleadings under Rule 34 or summary judgment under Rule 35,— motu proprio —include in the pre-trial order that the case be submitted for summary judgment or judgment on the pleadings, without need of position papers or memoranda. In such cases, judgment shall be rendered within ninety (90) calendar days from termination of the pre-trial.

The order of the court to submit the case for judgment pursuant to this Rule shall not be the subject to appeal or— certiorari .—(n)

RULE 19 INTERVENTION

Who may intervene

Section 1.

Who may intervene. — [No amendment]

Time to intervene

Section 2.

Time to intervene. — [No amendment]

Pleadings-in-intervention

Section 3.

Pleadings-in-intervention. — The intervenor shall file a complaint-in-intervention if he—or she—asserts a claim against either or all of the original parties, or an answer-in-intervention if he—or she—unites with the defending party in resisting a claim against the latter.

Answer to complaint-in-intervention

Section 4.

Answer to complaint-in-intervention. — The answer to the complaint-in-intervention shall be filed within fifteen (15)—calendar—days from notice of the order admitting the same, unless a different period is fixed by the court.

RULE 20 CALENDAR OF CASES

[No amendment]

RULE 21 SUBPOENA

Subpoena and subpoena duces tecum

Section 1.

Subpoena and subpoena duces tecum. — Subpoena is a process directed to a person requiring him—or her—to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his—or her—deposition. It may also require him—or her—to bring with him—or her—any books, documents, or other things under his—or her—control, in which case it is called a subpoena—duces tecum.

By whom issued

Section 2.

By whom issued. — [No amendment]

Form and contents

Section 3.

Form and contents. — [No amendment]

Quashing a subpoena

Section 4.

Quashing a subpoena. — [No amendment]

Subpoena for depositions

Section 5.

Subpoena for depositions. — [No amendment]

Service

Section 6.

Service. —— Service of a subpoena shall be made in the same manner as personal or substituted service of summons. The original shall be exhibited and a copy thereof delivered to the person on whom it is served. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance.

Costs for court attendance and the production of documents and other materials subject of the subpoena shall be tendered or charged accordingly.

Personal appearance in court

Section 7.

Personal appearance in court. — A person present in court before a judicial officer may be required to testify as if he—or she—were in attendance upon a subpoena issued by such court or officer.

Compelling attendance

Section 8.

Compelling attendance. — In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the province, or his—or her—deputy, to arrest the witness and bring him—or her—before the court or officer where his—or her—attendance is required, and the cost of such warrant and seizure of such witness shall be paid by the witness if the court issuing it shall determine that his—or her—failure to answer the subpoena was willful and without just excuse.

Contempt

Section 9.

Contempt. —— Failure by any person without adequate cause to obey a subpoena served upon him—or her—shall be deemed a contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court, the disobedience thereto shall be punished in accordance with the applicable law or Rule.

Exceptions

Section 10.

Exceptions. —— The provisions of Sections 8 and 9 of this Rule shall not apply to a witness who resides more than one hundred (100) kilometers from his—or her—residence to the place where he—or she—is to testify by the ordinary course of travel, or to a detention prisoner if no permission of the court in which his—or her—case is pending was obtained.

RULE 22 COMPUTATION OF TIME

[No amendment]

RULE 23 DEPOSITIONS PENDING ACTIONS

Depositions pending action, when may be taken

Section 1.

Depositions pending action, when may be taken. ——Upon— ex parte —motion of a party,—the testimony of any person, whether a party or not, may be taken, at the instance of any party, by deposition upon oral examination or written interrogatories. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 21. Depositions shall be taken only in accordance with these Rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

Scope of examination

Section 2.

Scope of examination. — [No amendment]

Examination and cross-examination

Section 3.

Examination and cross-examination. —— [No amendment]

Use of depositions

Section 4.

Use of depositions. — At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any one of the following provisions:

(a) [No amendment]

(b) [No amendment]

(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (1) that the witness is dead; or (2) that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his—or her—absence was procured by the party offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (5) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used; and

(d) If only part of a deposition is offered in evidence by a party, the adverse party may require him—or her—to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.

Effect of substitution of parties

Section 5.

Effect of substitution of parties. — [No amendment]

Objections to admissibility

Section 6.

Objections to admissibility. — [No amendment]

Effect of taking depositions

Section 7.

Effect of taking depositions. — A party shall not be deemed to make a person his—or her—own witness for any purpose by taking his—or her—deposition.

Effect of using depositions

Section 8.

Effect of using depositions. — [No amendment]

Rebutting deposition

Section 9.

Rebutting deposition. — At the trial or hearing, any party may rebut any relevant evidence contained in a deposition whether introduced by him—or her—or by any other party.

Persons before whom depositions may be taken within the Philippines

Section 10.

Persons before whom depositions may be taken within the Philippines. — [No amendment]

Persons before whom depositions may be taken in foreign countries

Section 11.

Persons before whom depositions may be taken in foreign countries. — [No amendment]

Commission or letters rogatory

Section 12.

Commission or letters rogatory. — [No amendment]

Disqualification by interest

Section 13.

Disqualification by interest. — [No amendment]

Stipulations regarding taking of depositions

Section 14.

Stipulations regarding taking of depositions. — [No amendment]

Deposition upon oral examination; notice; time and place

Section 15.

Deposition upon oral examination; notice; time and place. — A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him—or her—or the particular class or group to which he belongs. On motion of any party upon whom the notice is served, the court may for cause shown enlarge or shorten the time.

Orders for the protection of parties and deponents

Section 16.

Orders for the protection of parties and deponents. — [No amendment]

Record of examination; oath; objections

Section 17.

Record of examination; oath; objections. — The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by some one acting under his—or her—direction and in his—or her—presence, record the testimony of the witness. The testimony shall be taken stenographically unless the parties agree otherwise. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the officers, who shall propound them to the witness and record the answers—verbatim.

Motion to terminate or limit examination

Section 18.

Motion to terminate or limit examination. — [No amendment]

Submission to witness; changes; signing

Section 19.

Submission to witness; changes; signing. — When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him—or her, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall Page 30 of 43 then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason given therefor, if any, and the deposition may then be used as fully as though signed, unless on a motion to suppress under Section 29(f) of this Rule, the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

Certification and filing by officer

Section 20.

Certification and filing by officer. —— The officer shall certify on the deposition that the witness was duly sworn to by him—or her—and that the deposition is a true record of the testimony given by the witness. He—or she—shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of (here insert the name of witness)" and shall promptly file it with the court in which the action is pending or send it by registered mail to the clerk thereof for filing.

Notice of filing

Section 21.

Notice of filing. —— [No amendment]

Furnishing copies

Section 22.

Furnishing copies. —— [No amendment]

Failure to attend of party giving notice

Section 23.

Failure to attend of party giving notice. — If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another attends in person or by counsel pursuant to the notice, the court may order the party giving the notice to pay such other party the amount of the reasonable expenses incurred by him—or her—and his—or her—counsel in so attending, including reasonable attorney's fees.

Failure of party giving notice to serve subpoena

Section 24.

Failure of party giving notice to serve subpoena. — If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him—or her—and the witness because of such failure does not attend, and if another party attends in person or by counsel because he—or she—expects the deposition of that witness to be taken, the court may order the party giving the notice to pay such other party the amount of the reasonable expenses incurred by him—or her—and his—or her—counsel in so attending, including reasonable attorney's fees.

Deposition upon written interrogatories; service of notice and of interrogatories

Section 25.

Deposition upon written interrogatories; service of notice and of interrogatories. — A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within ten (10)—calendar—days thereafter, a party so served may serve cross-interrogatories upon the party proposing to take the deposition. Within five (5)—calendar—days thereafter the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories. Within three (3)—calendar—days after being served with re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition.

Officers to take responses and prepare record

Section 26.

Officers to take responses and prepare record. —— A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Sections 17, 19 and 20 of this Rule, to take the testimony of the witness in response to the interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the interrogatories received by him—or her.

Notice of filing and furnishing copies

Section 27.

Notice of filing and furnishing copies. —— [No amendment]

Orders for the protection of parties and deponents

Section 28.

Orders for the protection of parties and deponents. — [No amendment]

Effect of errors and irregularities in depositions

Section 29.

Effect of errors and irregularities in depositions. —

(a) As to notice. — [No amendment]

(b) As to disqualification of officer.—— [No amendment]

(c) As to competency or relevancy of evidence.—— [No amendment]

(d) As to oral examination and other particulars. — [No amendment]

(e) As to form of written interrogatories. — Objections to the form of written interrogatories submitted under Sections 25 and 26 of this Rule are waived unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within three (3)—calendar—days after service of the last interrogatories authorized.

(f) As to manner of preparation. — [No amendment]

RULE 24 DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

Depositions before action; petition

Section 1.

Depositions before action; petition. — A person who desires to perpetuate his—or her—own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines, may file a verified petition in the court of the place of the residence of any expected adverse party.

Contents of petition

Section 2.

Contents of petition. — The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to be brought; (b) the subject matter of the expected action and his—or her—interest therein; (c) the facts which he—or she—desires to establish by the proposed testimony and his—or her—reasons for desiring to perpetuate it; (d) the names or a description of the persons he—or she—expects will be adverse parties and their addresses so far as known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he—or she—expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony.

Notice and service

Section 3.

Notice and service. — The petitioner shall serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty (20)—calendar—days before the date of the hearing, the court shall cause notice thereof to be served on the parties and prospective deponents in the manner provided for service of summons.

Order and examination

Section 4.

Order and examination. — [No amendment]

Reference to court

Section 5.

Reference to court. —— [No amendment]

Use of deposition

Section 6.

Use of deposition. — [No amendment]

Depositions pending appeal

Section 7.

Depositions pending appeal. — If an appeal has been taken from a judgment of a court, including the Court of Appeals in proper cases, or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court. In such case the party who desires to perpetuate the testimony may make a motion in the said court for leave to take the depositions, upon the same notice and service thereof as if the action was pending therein. The motion shall state (a) the names and addresses of the persons to be examined and the substance of the testimony which he—or she—expects to elicit from each; and (b) the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these Rules for depositions taken in pending actions.

RULE 25 INTERROGATORIES TO PARTIES

Interrogatories to parties; service thereof

Section 1.

Interrogatories to parties; service thereof. ———Upon— ex parte —motion, any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf.

Answer to interrogatories

Section 2.

Answer to interrogatories. — The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. The party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15)—calendar—days after service thereof, unless the court, on motion and for good cause shown, extends or shortens the time.

Objections to interrogatories

Section 3.

Objections to interrogatories. — Objections to any interrogatories may be presented to the court within ten (10)—calendar—days after service thereof, with notice as in case of a motion; and answers shall be deferred until the objections are resolved, which shall be at as early a time as is practicable.

Number of interrogatories

Section 4.

Number of interrogatories. —— [No amendment]

Scope and use of interrogatories

Section 5.

Scope and use of interrogatories. — [No amendment]

Effect of failure to serve written interrogatories

Section 6.

Effect of failure to serve written interrogatories. — [No amendment]

RULE 26 ADMISSION BY ADVERSE PARTY

Request for admission

Section 1.

Request for admission. — [No amendment]

Implied admission

Section 2.

Implied admission. — Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, which shall not be less than fifteen (15)—calendar—days after service thereof, or within such further time as the court may allow on motion, the party to whom the request is directed files and serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he—or she—cannot truthfully either admit or deny those matters.

Objections to any request for admission shall be submitted to the court by the party requested within the period for and prior to the filing of his—or her—sworn statement as contemplated in the preceding paragraph and his—or her—compliance therewith shall be deferred until such objections are resolved, which resolution shall be made as early as practicable.

Effect of admission

Section 3.

Effect of admission. — Any admission made by a party pursuant to such request is for the purpose of the pending action only and shall not constitute an admission by him—or her—for any other purpose nor may the same be used against him—or her—in any other proceeding.

Withdrawal

Section 4.

Withdrawal. —— [No amendment]

Effect of failure to file and serve request for admission

Section 5.

Effect of failure to file and serve request for admission. — [No amendment]

RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

Motion for production or inspection; order

Section 1.

Motion for production or inspection; order. —— Upon motion of any party showing good cause therefor, the court in which an action is pending may (a) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his—or her—possession, custody or control; or (b) order any party to permit entry upon designated land or other property in his—or her—possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon. The order shall specify the time, place and manner of making the inspection and taking copies and photographs, and may prescribe such terms and conditions as are just.

RULE 28 PHYSICAL AND MENTAL EXAMINATION OF PERSONS

When examination may be ordered

Section 1.

When examination may be ordered. — In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may in its discretion order him—or her—to submit to a physical or mental examination by a physician.

Order for examination

Section 2.

Order for examination. — [No amendment]

Report of findings

Section 3.

Report of findings. —— If requested by the party examined, the party causing the examination to be made shall deliver to him—or her—a copy of a detailed written report of the examining physician setting out his—or her—findings and conclusions. After such request and delivery, the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical condition. If the party examined refuses to deliver such report, the court on motion and notice may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report the court may exclude his—or her—testimony if offered at the trial.

Waiver of privilege

Section 4.

Waiver of privilege. — By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he—or she—may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him—or her—in respect of the same mental or physical examination.

RULE 29 REFUSAL TO COMPLY WITH MODES OF DISCOVERY

Refusal to answer

Section 1.

Refusal to answer. — [No amendment]

Contempt of court

Section 2.

Contempt of court. —— [No amendment]

Other consequences

Section 3.

Other consequences. — If any party or an officer or managing agent of a party refuses to obey an order made under Section 1 of this Rule requiring him—or her—to answer designated questions, or an order under Rule 27 to produce any document or other thing for inspection, copying, or photographing or to permit it to be done, or to permit entry upon land or other property, or an order made under Rule 28 requiring him—or her—to submit to a physical or mental examination, the court may make such orders in regard to the refusal as are just, and among others the following:

(a) [No amendment] ;

(b) An order refusing—to allow the disobedient party to support or oppose designated claims or defenses or prohibiting him—or her—from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental condition;

(c) [No amendment] ;

(d) [No amendment]

Expenses on refusal to admit

Section 4.

Expenses on refusal to admit. — If a party after being served with a request under Rule 26 to admit the genuineness of any document or the truth of any matter of fact, serves a sworn denial thereof and if the party requesting the admissions thereafter proves the genuineness of such document or the truth of any such matter of fact, he—or she—may apply to the court for an order requiring the other party to pay him—or her—the reasonable expenses incurred in making such proof, including reasonable attorney's fees. Unless the court finds that there were good reasons for the denial or that admissions sought were of no substantial importance, such order shall be issued.

Failure of party to attend or serve answers

Section 5.

Failure of party to attend or serve answers. —— If a party or an officer or managing agent of a party wilfully fails to appear before the officer who is to take his—or her—deposition, after being served with a proper notice, or fails to serve answers to interrogatories submitted under Rule 25 after proper service of such interrogatories, the court on motion and notice, may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, and in its discretion, order him—or her—to pay reasonable expenses incurred by the other, including attorney's fees.

Expenses against the Republic of the Philippines

Section 6.

Expenses against the Republic of the Philippines. —— [No amendment]

RULE 30 TRIAL

Schedule of trial

Section 1.

Schedule of trial. — The parties shall strictly observe the scheduled hearings as agreed upon and set forth in the pre-trial order.

(a) The schedule of the trial dates, for both plaintiff and defendant, shall be continuous and within the following periods:

i. The initial presentation of plaintiff s evidence shall be set not later than thirty (30) calendar days after the termination of the pre-trial conference. Plaintiff shall be allowed to present its evidence within a period of three (3) months or ninety (90) calendar days which shall include the date of the judicial dispute resolution, if necessary;

ii. The initial presentation of defendant's evidence shall be set not later than thirty (30) calendar days after the court's ruling on plaintiffs formal offer of evidence. The defendant shall be allowed to present its evidence within a period of three (3) months or ninety (90) calendar days;

iii. The period for the presentation of evidence on the third (fourth, etc.)-party claim, counterclaim or cross-claim shall be determined by the court, the total of which shall in no case exceed ninety (90) calendar days; and

iv. If deemed necessary, the court shall set the presentation of the parties' respective rebuttal evidence, which shall be completed within a period of thirty (30) calendar days.

(b) The trial dates may be shortened depending on the number of witnesses to be presented, provided that the presentation of evidence of all parties shall be terminated within a period often (10) months or three hundred (300) calendar days. If there are no third (fourth, etc.)-party claim, counterclaim or cross-claim, the presentation of evidence shall be terminated within a period of six (6) months or one hundred eighty (180) calendar days.

(c) The court shall decide and serve copies of its decision to the parties within a period not exceeding ninety (90) calendar days from the submission of the case for resolution, with or without memoranda.

Adjournments and postponements

Section 2.

Adjournments and postponements. — A court may adjourn a trial from day to day, and to any stated time, as the expeditious and convenient transaction of business may require, but shall have no power to adjourn a trial for a longer period than one month for each adjournment, nor more than three months in all, except when authorized in writing by the Court Administrator, Supreme Court.

The party who caused the postponement is warned that the presentation of its evidence must still be terminated on the remaining dates previously agreed upon.

[Section 3. Requisites of motion to postpone trial for absence of evidence. — Deleted]

Requisites of motion to postpone trial for illness of party or counsel

Section 3.

Requisites of motion to postpone trial for illness of party or counsel. —— A motion to postpone a trial on the ground of illness of a party or counsel may be granted if it appears upon affidavit or sworn certification that the presence of such party or counsel at the trial is indispensable and that the character of his or her illness is such as to render his—or her—non-attendance excusable. (4)

Hearing days and calendar call

Section 4.

Hearing days and calendar call. —— Trial shall be held from Monday to Thursday, and courts shall call the cases at exactly 8:30 a.m. and 2:00 p.m.. pursuant to Administrative Circular No. 3-99. Hearing on motions shall be held on Fridays, pursuant to Section 8, Rule 15.

All courts shall ensure the posting of their court calendars outside their courtrooms at least one (1) day before the scheduled hearings, pursuant to OCA Circular No. 250-2015.—(n)

Order of trial

Section 5.

Order of trial. —— Subject to the provisions of Section 2 of Rule 31, and unless the court for special reasons otherwise directs, the trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows:

(a) The plaintiff shall adduce evidence in support of his—or her—complaint;

(b) The defendant shall then adduce evidence in support of his—or her—defense, counterclaim, cross-claim and third-party complaint;

(c) The third-party defendant, if any, shall adduce evidence of his—or her—defense, counterclaim, cross-claim and fourth-party complaint;

(d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them;

(e) The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed by the court;

(f) The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case; and

(g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings.

If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of presentation of their evidence.

Oral offer of exhibits

Section 6.

Oral offer of exhibits. — The offer of evidence, the comment or objection thereto, and the court ruling shall be made orally in accordance with Sections 35 to 40 of Rule 132.—(n)

Agreed statement of facts

Section 7.

Agreed statement of facts. —— The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence.

If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe. (6)

[Section 7.—Statement of judge. — Deleted]

Suspension of actions

Section 8.

Suspension of actions. — The suspension of actions shall be governed by the provisions of the Civil Code—and other laws.

Judge to receive evidence; delegation to clerk of court

Section 9.

Judge to receive evidence; delegation to clerk of court. —— The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties. However, in default or— ex parte —hearings, and in any case where the parties agree in writing, the court may delegate the reception of evidence to its clerk of court who is a member of the bar. The clerk of court shall have no power to rule on objections to any question or to the admission of exhibits, which objections shall be resolved by the court upon submission of his—or her—report and the transcripts within ten (10)—calendar—days from termination of the hearing.

RULE 31 CONSOLIDATION OR SEVERANCE

[No amendment]

RULE 32 TRIAL BY COMMISSIONER

Reference by consent

Section 1.

Reference by consent. —— [No amendment]

Reference ordered on motion

Section 2.

Reference ordered on motion. — [No amendment]

Order of reference; powers of the commissioner

Section 3.

Order of reference; powers of the commissioner. —— When a reference is made, the clerk shall forthwith furnish the commissioner with a copy of the order of reference. The order may specify or limit the powers of the commissioner, and may direct him—or her—to report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only, and may fix the date for beginning and closing the hearings and for the filing of his—or her—report. Subject to the specifications and limitations stated in the order, the commissioner has and shall exercise the power to regulate the proceedings in every hearing before him—or her—and to do all acts and take all measures necessary or proper for the efficient performance of his—or her—duties under the order. He—or she—may issue subpoenas and subpoenas—duces tecum, swear witnesses, and unless otherwise provided in the order of reference, he—or she—may rule upon the admissibility of evidence. The trial or hearing before him—or her—shall proceed in all respects as it would if held before the court.

Oath of commissioner

Section 4.

Oath of commissioner. —— Before entering upon his—or her—duties the commissioner shall be sworn to a faithful and honest performance thereof.

Proceedings before commissioner

Section 5.

Proceedings before commissioner. —— Upon receipt of the order of reference unless otherwise provided therein, the commissioner shall forthwith set a time and place for the first meeting of the parties or their counsel to be held within ten (10)—calendar—days after the date of the order of reference and shall notify the parties or their counsel.

Failure of parties to appear before commissioner

Section 6.

Failure of parties to appear before commissioner. — If a party fails to appear at the time and place appointed, the commissioner may proceed— ex parte —or, in his—or her—discretion, adjourn the proceedings to a future day, giving notice to the absent party or his—or her—counsel of the adjournment.

Refusal of witness

Section 7.

Refusal of witness. — The refusal of a witness to obey a subpoena issued by the commissioner or to give evidence before him—or her, shall be deemed a contempt of the court which appointed the commissioner.

Commissioner shall avoid delays

Section 8.

Commissioner shall avoid delays. — It is the duty of the commissioner to proceed with all reasonable diligence. Either party, on notice to the parties and commissioner, may apply to the court for an order requiring the commissioner to expedite the proceedings and to make his—or her—report.

Report of commissioner

Section 9.

Report of commissioner. —— Upon the completion of the trial or hearing or proceeding before the commissioner, he—or she—shall file with the court his—or her—report in writing upon the matters submitted to him—or her—by the order of reference. When his—or her—powers are not specified or limited, he—or she—shall set forth his—or her—findings of fact and conclusions of law in his—or her—report. He—or she—shall attach thereto all exhibits, affidavits, depositions, papers and the transcript, if any, of the testimonial evidence presented before him—or her.

Notice to parties of the filing of report

Section 10.

Notice to parties of the filing of report. —— Upon the filing of the report, the parties shall be notified by the clerk, and they shall be allowed ten (10)—calendar—days within which to signify grounds of objections to the findings of the report, if they so desire. Objections to the report based upon grounds which were available to the parties during the proceedings before the commissioner, other than objections to the findings and conclusions therein set forth, shall not be considered by the court unless they were made before the commissioner.

Hearing upon report

Section 11.

Hearing upon report. — Upon the expiration of the period often (10)—calendar—days referred to in the preceding section, the report shall be set for hearing, after which the court shall issue an order adopting, modifying, or rejecting the report in whole or in part, or recommitting it with instructions, or requiring the parties to present further evidence before the commissioner or the court.

Stipulations as to findings

Section 12.

Stipulations as to findings. —— [No amendment]

Compensation of commissioner

Section 13.

Compensation of commissioner. — [No amendment]

RULE 33 DEMURRER TO EVIDENCE

Demurrer to evidence

Section 1.

Demurrer to evidence. —— After the plaintiff has completed the presentation of his—or her—evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. If his—or her—motion is denied, he—or she—shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal is reversed, he—or she—shall be deemed to have waived the right to present evidence.

Action on demurrer to evidence

Section 2.

Action on demurrer to evidence. ———A demurrer to evidence shall be subject to the provisions of Rule 15.

The order denying the demurrer to evidence shall not be subject of an appeal or petition for— certiorari ,—prohibition or mandamus before judgment.—(n)

RULE 34 JUDGMENT ON THE PLEADINGS

Judgment on the pleadings

Section 1.

Judgment on the pleadings. —— [No amendment]

Action on motion for judgment on the pleadings

Section 2.

Action on motion for judgment on the pleadings. — The court may— motu proprio —or on motion render judgment on the pleadings if it is apparent that the answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleadings. Otherwise, the motion shall be subject to the provisions of Rule 15 of these Rules.

Any action of the court on a motion for judgment on the pleadings shall not be subject of an appeal or petition for— certiorari , prohibition or mandamus.—(n)

RULE 35 SUMMARY JUDGMENTS

Summary judgment for claimant

Section 1.

Summary judgment for claimant. — A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in answer thereto has been served, move with supporting affidavits, depositions or admissions for a summary judgment in his—or her—favor upon all or any part thereof.

Summary judgment for defending party

Section 2.

Summary judgment for defending party. — A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought may, at any time, move with supporting affidavits, depositions or admissions for a summary judgment in his—or her—favor as to all or any part thereof.

Motion and proceedings thereon

Section 3.

Motion and proceedings thereon. ——The motion shall cite the supporting affidavits, depositions or admissions, and the specific law relied upon. The adverse party may file a comment and serve opposing affidavits, depositions, or admissions within a non-extendible period of five (5) calendar days from receipt of the motion. Unless the court orders the conduct of a hearing,—judgment sought shall be rendered forthwith if the pleadings, supporting affidavits, depositions and admissions on file, show that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Any action of the court on a motion for summary judgment shall not be subject of an appeal or petition for— certiorari , prohibition or—mandamus.

Case not fully adjudicated on motion

Section 4.

Case not fully adjudicated on motion. — If on motion under this Rule, judgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessary, the court—may, by examining the pleadings and the evidence before it and by interrogating counsel, ascertain what material facts exist without substantial controversy,—including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just.—The facts so—ascertained—shall be deemed established, and the trial shall be conducted on the controverted facts accordingly.

Form of affidavits and supporting papers

Section 5.

Form of affidavits and supporting papers. — [No amendment]

Affidavits in bad faith

Section 6.

Affidavits in bad faith. — Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are presented in bad faith, or solely for the purpose of delay, the court shall forthwith order the offending party or counsel to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him—or her—to incur, including attorney's fees, it may, after hearing further adjudge the offending party or counsel guilty of contempt.

x x x           x x x          x x x

RULE 144 EFFECTIVENESS

These rules shall take effect on January 1, 1964. They shall govern all cases brought after they take effect, and also all further proceedings in cases then pending, except to the extent that in the opinion of the court, their application would not be feasible or would work injustice, in which even the former procedure shall apply.

The 2019 Proposed Amendments to the 1997 Rules of Civil Procedure shall govern all cases filed after their effectivity on May 1, 2020, and also all pending proceedings, except to the extent that in the opinion of the court, their application would not be feasible or would work injustice, in which case the procedure under which the cases were filed shall govern.—(n)

The application and adherence to the said amendments shall be subject to periodic monitoring bv the Sub-Committee, through the Office of the Court Administrator (OCA). For this purpose, all courts covered by the said amendments shall accomplish and submit a periodic report of data in a form to be generated and distributed by the OCA.—(n)

All rules, resolutions, regulations or circulars of the Supreme Court or parts thereof that are inconsistent with any provision of the said amendments are hereby deemed repealed or modified accordingly.—(n)

PRESCRIBED FORM NO. 1 NOTICE OF PRE-TRIAL

The parties are hereby required to appear personally or through their duly authorized representative, and their counsel in the Pre-Trial on _____________ at ___________ o'clock A.M./P.M., and in the following proceedings:

1. COURT-ANNEXED MEDIATION:—(To be scheduled at pre-trial)

2. JUDICIAL DISPUTE RESOLUTION:—(To be scheduled at pre-trial if deemed necessary by the court.)

The parties and their counsels are required to be present at the pre-trial and to file with the court and serve on the adverse party at least three (3) days before the date of the pre-trial their respective pre-trial briefs which shall contain, among others:

(a) A concise statement of the case and the reliefs prayed for;

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

(c) The main factual and legal issues to be tried or resolved;

(d) The propriety of referral of factual issues to commissioners;

(e) The documents or other object evidence to be marked, stating the purpose thereof;

(f) The names of the witnesses, and the summary of their respective testimonies; and

(g) Brief statement of points of law and citation of authorities.

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.

Non-appearance at the Pre-Trial or any of the foregoing settings shall merit the sanction of dismissal of the action, for the plaintiffs and his or her counsel's non-appearance, and allowance of plaintiff's— ex parte —evidence presentation and— ex parte —judgment, for defendant's and his or her counsel's non-appearance. The non-appearance of a party and counsel may be excused only for acts of God,—force majeure, or duly substantiated physical inability.

A representative, through a special power of attorney, may appear on behalf of a party, but shall be fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admission of facts and documents.

The parties and their counsel, who are required to attend the Pre-Trial shall be ready.

No reservation of evidence not available during the Pre-Trial shall be allowed unless done in the following manner:

(a) For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed witness;

(b) For documentary evidence and other object evidence, and electronic evidence, by giving a particular description of the evidence.

The failure without just cause of a party and counsel to appear at the Pre-Trial, despite notice, shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution.

The failure without just cause of a party and counsel to bring the evidence required at the Pre-Trial shall be deemed a waiver of the presentation of such evidence.

WITNESS, the HON. ________________________ , Presiding Judge of this Court, this _______ day of ______, 20_____ at _______________.

Branch Clerk of Court

PRESCRIBED FORM NO. 2 PRE-TRIAL ORDER

I. PLAINTIFF'S EVIDENCE

A. Documentary and other Object Evidence:

Exhibit "A" - Description;

Exhibit "B" - Description;

Exhibit "C" - Description;

B. Testimonial Evidence:

Judicial Affidavit of ____________________;

Judicial Affidavit of ____________________;

Judicial Affidavit of ____________________;

C. Reserved Evidence:

Description;

II. DEFENDANT'S EVIDENCE

A. Documentary and other Object Evidence:

Exhibit "A" - Description;

Exhibit "B" - Description;

Exhibit "C" - Description;

B. Testimonial Evidence:

Judicial Affidavit of ____________________;

Judicial Affidavit of ____________________;

Judicial Affidavit of ____________________;

C. Reserved Evidence:

Description;

Evidence not pre-marked and listed herein shall not be allowed during trial.

III. ADMITTED FACTS AND STIPULATION OF FACTS

IV. ISSUES TO BE TRIED OR RESOLVED

In case there are no more controverted facts or genuine issues to be resolved, the court shall so declare in the pre-trial order and shall— motu proprio —consider the case submitted, without prejudice to a party moving, for judgment on the pleadings or summary judgment, without need of position papers or memoranda. In such cases, judgment shall be rendered within ninety (90) calendar days from termination of the pre-trial. However, if there are controverted facts or genuine issues to be resolved, the court shall first refer the case to the Philippine Mediation Center Unit for mediation purposes.

V. MANIFESTATION OF PARTIES HAVING AVAILED OR THEIR INTENTION TO AVAIL OF DISCOVERY PROCEDURES OR REFERRAL TO COMMISSIONERS

VI. NUMBER AND NAMES OF WITNESSES, THE SUBSTANCE OF THEIR TESTIMONIES, AND APPROXIMATE NUMBER OF HOURS THAT WILL BE REQUIRED BY THE PARTIES FOR THE PRESENTATION OF THEIR RESPECTIVE WITNESSES

VII. SCHEDULE OF CONTINUOUS TRIAL DATES FOR BOTH PLAINTIFF AND DEFENDANT

Trial shall proceed on ___________, all at 8:30 A.M. and 2:00 P.M., for the plaintiff or claiming party to present and terminate its evidence; and on _________ , all at 8:30 A.M. and 2:00 P.M., for the defendant or defending party to present and terminate its evidence. *[This will depend on the number of witnesses listed. It is suggested that for every witness, at least two (2) trial dates should be allotted. The trial dates may likewise be one (1) day apart.]

The trial dates are final and intransferrable, and no motions for postponement that are dilatory in character shall be entertained by the court. If such motions are granted in exceptional cases, the postponement/s by either party shall be deducted from such party's allotted time to present evidence.

The parties are hereby ordered to immediately proceed and personally appear at the Philippine Mediation Center located at __________ (PMC Unit) today, (date today) with or without their counsel/s, for mediation proceedings. The assigned Mediator is ordered to submit a report to this court on the results of the mediation based on the factual and legal issues to be resolved within a non-extendible period of thirty (30) calendar days from the date of the court's referral of this case to the PMC Unit.

Should mediation fail after the lapse of the said 30-day period, the parties are ordered to appear before the court so that the trial shall proceed on the trial dates indicated above. Only if the judge of the court to which the case was originally raffled is convinced that settlement is possible that the case may be referred to another court for judicial dispute resolution, which shall be conducted within a non-extendible period of fifteen (15) calendar days from notice of the court-annexed mediation. If judicial dispute resolution fails, trial before the original court shall proceed on the dates agreed upon.

Failure of the party or his or her counsel to comply with the abovementioned schedule of hearings and deadlines shall be a ground for imposition of fines and other sanctions by the court.

The parties and their counsel are hereby notified hereof, and the court shall no longer issue a—subpoena—to the parties present today.

CONFORMITY

Plaintiff

Defendant

Plaintiff's Counsel

Defendant's Counsel

ATTESTED:

Branch Clerk of Court

NOTED BY:

Presiding Judge

[ 1985 RULES ON CRIMINAL PROCEDURE, January 01, 1985 ]

PROMULGATED BY THE SUPREME COURT 0F THE PHILIPPINES ON NOVEMBER 22, 1984

RULE 110 PROSECUTION OF OFFENSES

How instituted

Section 1.

How instituted. - For offenses not subject to the rule on summary procedure in cases, the institution of criminal actions shall be as follows:

(a) For offenses falling under the jurisdiction of the Regional Trial Courts, by filing the complaint with the appropriate officer for the purpose of conducting the requisite preliminary investigation therein; (b) For offenses falling under the jurisdiction of the Municipal Trial Courts and Municipal Circuit Trial Courts, by filing the complaint or information directly with the said courts, or a complaint with the fiscal—s office. However, in Metropolitan Manila and other chartered cities, the complaint may be filed only with the office of the fiscal. (n)

The complaint or information

Section 2.

The complaint or information. - The complaint or information shall be in writing in name of the People of the Philippines against all persons who appear to be responsible for offense involved. (1a)

Complaint defined

Section 3.

Complaint defined. - Complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated. (2a)

Information defined

Section 4.

Information defined. - An information is accusation in writing charging a person with offense subscribed by the fiscal and filed with the court. (3)

Who must prosecute criminal actions

Section 5.

Who must prosecute criminal actions. - All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal. However, in the Municipal Trial Courts or Municipal Circuit Trial Courts when there is no fiscal available, the offended party, any peace officer or public charged with the enforcement of the law violated may prosecute the case. This authority ceases upon actual intervention of the fiscal or upon elevation of the case to the Regional Trial Court. The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. The offenses of seduction, abduction, rape or acts of Lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above-named persons, as the case may be. In case the offended party dies or becomes incapacitated before she could file the complaint and has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf. The offended party, even if she were & minor, has the right to institute the prosecution for the above offenses, independently of her parents, grandparents or guardian, unless she is incompetent or incapable of doing so upon grounds other than her minority. Where the offended party who is a minor fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to the parents, grandparents or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the immediately preceding paragraph. No criminal action for defamation which consists in the imputation of an offense mentioned above, shall be brought except at the instance of and upon complaint filed by the offended party. (4a)

Sufficiency of complaint or information

Section 6.

Sufficiency of complaint or information. -A complaint or information is sufficient if it states the name of the accused; the designation of the offense by the statute; the acts or omissions complained of as constituting the of offense; the name of the offended party; the approximate time of the commission of the offense, and the place wherein the offense was committed. When an offense is committed by more than one person, all of them shall be included in the complaint or information. (5a)

Name of accused

Section 7.

Name of accused. - A complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known, or if his name cannot he discovered he must be described under a fictitious name with a statement that his true name is unknown. If in the course of the proceeding the true name of the accused is disclosed by him, or appears in some other manner to the court, the true name of the accused shall be inserted in the complaint or information and record. (6a)

Designation of the offense

Section 8.

Designation of the offense. - Whenever possible, a complaint or information should state the designation given to the offense by the statute, besides the statement of the acts or omissions constituting the same, and if there is no such designation, reference should be made to the section or subsection of the statute punishing it. (7)

Cause of accusation

Section 9.

Cause of accusation. - The acts or omissions complained of as constituting the offense must be stated in ordinary and concise language without repetition, not necessarily in the terms of the statute defining the offense, but in such form as is sufficient to enable a person of common understanding to know what offense is intended to be charged, and enable the court to pronounce proper judgment. (8)

Place of the commission of the offense

Section 10.

Place of the commission of the offense. -The complaint or information is sufficient if it can be understood there from that the offense was committed or some of the essential ingredients thereof occurred at some place within the jurisdiction of the court, unless the particular place wherein it was committed constitutes an essential element of the offense or is necessary for identifying the offense charged. (9)

Time of the commission of the offense

Section 11.

Time of the commission of the offense. -It is not necessary to state in the complaint or information the precise time at which the offense was committed except when time is a material ingredient of the offense, but the act may be alleged to have been committed at any time as near to the actual date at which the offense was committed as the information or complaint will permit. (10)

Name of the offended party

Section 12.

Name of the offended party. - A complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known, and if there is no better way of identifying him, he must be described under a fictitious name.

(a) In case of offenses against property, if the name of the offended party is unknown, the property, subject matter of the offense, must be described with such particularity as to properly identify the particular offense charged. (b) If in the course of the trial the true name of the person against whom or against whose property the offense was committed is disclosed or ascertained, the court must cause the true name to be inserted in the complaint or information, or record. (c) If the offended party is a corporation any other juridical person, it is sufficient to state the name of such corporation or juridical person, or any name or designation by which it has been or is known, or by which it may be identified, without necessity of averring that it is a corporation, or that it is organized in accordance with law. (11)

Duplicity of offense

Section 13.

Duplicity of offense. —— A complaint or information must charge but one offense, except only in those cases in which existing laws prescribe a single punishment for various offenses. (12)

Amendment

Section 14.

Amendment. - The information or complaint may be amended, in substance or form, without leave of court, at any time before the accused pleads; and thereafter and during trial as to all matters of form, by leave at the discretion of the court, when the same can be done without prejudice to the rights of the accused. If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of one charging the proper offense in accordance with Rule 119. Section 11, provided the accused would not be placed thereby in double jeopardy, and may also require the witnesses to give bail for their appearance at the trial. (13a)

Place where action is to instituted

Section 15.

Place where action is to instituted. —

(a) Subject to existing laws, in all criminal prosecutions the action shall be instituted and tried in the court of the municipality or territory wherein the offense was committed or any one of the essential ingredients thereof took place. (b) Where an offense is committed on a railroad train, in an aircraft, or in any other public private vehicle while in the course of its trip, the criminal action may be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during such trip, including the place of departure and arrival. (c) Where an offense is committed on board a vessel in the course of its voyage, .the criminal action may be instituted and tried in the proper court of the first port of entry or of any municipality or territory through which the vessel passed during such voyage subject to the generally accepted principles of international law. (d) Other crimes committed outside of the Philippines but punishable therein under Article 2 of the Revised Penal Code shall be cognizable by the proper court in which the charge is first filed. (14a)

Intervention of the offended party in criminal action

Section 16.

Intervention of the offended party in criminal action. - Unless the offended party has waived the civil action or expressly reserved the right to institute it separately from the criminal action, and subject to the provision of Section 5 hereof, he may intervene by counsel in the prosecution of the offense. (15a)

Rule 111 PROSECUTION OF CIVIL ACTION

Institution of criminal and civil actions

Section 1.

Institution of criminal and civil actions. - When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged is impliedly instituted with the criminal action, unless the offended party expressly waives the civil action or reserves his right to institute it separately. However, after criminal action has been commenced, the civil action cannot be instituted until final judgment has been rendered in the criminal action. When the offended party seeks to enforce civil liability against the accused by way of actual, moral, nominal, temperate or exemplary damages, the filing fees for such civil action as provided in these Rules shall first be paid to the Clerk of Court of the court where the criminal case is filed. In all other cases, the filing fees corresponding to the civil liability awarded by the court shall constitute a first lien on the judgment award and no payment by execution or otherwise may be made to the offended party without his first paying the amount of such filing fees to the Clerk of Court. (1a)

Independent civil action

Section 2.

Independent civil action. - In the cases provided for in Articles 32, 33 and 34 of the Civil Code of the Philippines, an independent civil action entirely separate and distinct from the criminal action, may be brought by the injured party during the pendency of the criminal case. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance evidence. (2a)

Other civil actions arising from offenses

Section 3.

Other civil actions arising from offenses. —— Whenever the offended party shall have instituted the civil action to enforce the civil liability arising from the offense, as contemplated in the first paragraph of Section 1 hereof, the following rules shall be observed:

(a) After a criminal action has been commenced, the pending civil action arising from the same offense shall be suspended, in whatever stage it may be found, until final judgment in the criminal proceeding has been rendered. However, if no final judgment has been rendered by the trial court the civil action, the same may be consolidated with the criminal action upon application the court trying the criminal action. ℒαwρhi৷ If the application is granted, the evidence presented and admitted in the civil action shall be deemed automatically reproduced in the criminal action, without prejudice to the admission of additional evidence that any party may wish to present.

(b) Extinction of the penal action does not carry with it extinction of the civil, unless the extinction proceeds from a declaration in a final judgment that the fact from which the civil might arise did not exist. In other cases, the person entitled to the civil action may institute it in the jurisdiction and in the manner provided by law against the person who may be liable for restitution of the thing and reparation or indemnity for the damage suffered.(3a)

Judgment in civil action not a bar

Section 4.

Judgment in civil action not a bar. - A final judgment rendered in a civil action absolving the defendant from civil liability is no bar to a criminal action. (4)

Elements of prejudicial question

Section 5.

Elements of prejudicial question. - The two (2) essential elements of a prejudicial question are: (a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action; and (b) the resolution of such issue determines whether or not the criminal action may proceed. (n)

Suspension by reason of prejudicial question

Section 6.

Suspension by reason of prejudicial question. - (a) A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be presented in the fiscal's office during the preliminary investigation. When the criminal action has been filed in court either for preliminary investigation or for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. (b) The pendency of a petition for suspension of the criminal action still undergoing preliminary investigation in the fiscal's office shall interrupt the prescriptive period for filing the corresponding complaint or information. (5a)

Rule 112 PRELIMINARY INVESTIGATION

Definition

Section 1.

Definition. - Preliminary investigation is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof, and should be held for trial, (1a)

Officers authorized to conduct preliminary investigation

Section 2.

Officers authorized to conduct preliminary investigation. - The following may conduct a preliminary investigation :

(a) Provincial or city fiscals and their assistants;

(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;

(c) National and Regional state prosecutors; and (d) Such other officers as may be authorized by law.

Their authority to conduct preliminary investigation shall include all crimes cognizable by the proper court in their respective territorial jurisdictions. (2a)

Procedure

Section 3.

Procedure. - Except as provided for in Section 7 hereof, no complaint or information for an offense cognizable by the Regional Trial Court shall be filed without a preliminary investigation having been first conducted in the following manner:

(a) The complaint shall state the known address of the respondent and be accompanied by affidavits of the complainant and his witnesses as well as other supporting documents, in such number of copies as there are respondents, plus two (2) copies for the official file. The said affidavits shall be sworn to before any fiscal, state prosecutor or government official authorized to administer oath, or, in their absence or unavailability, a notary public, who must certify that he has personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.

(b) If the investigating officer finds no ground to continue with the inquiry, he shall dismiss the complaint. Otherwise, he shall issue a subpoena to the respondent, attaching thereto a copy of the complaint, affidavits and other supporting documents and granting him ten(10) days from receipt within which he may submit counter-affidavits and other supporting documents. The respondent shall have the right to examine all other evidence submitted by the complainant.

(c) Such counter-affidavits and other supporting evidence submitted by the respondent shall also be sworn to and certified as prescribed in paragraph (a) hereof and copies thereof shall be furnished by him to the complainant.

(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day period, the investigating officer shall base his resolution on the evidence presented by the complainant.

(e) If the investigating officer believes that there are matters to be clarified, he may set a hearing to propound clarificatory questions to the parties or their witnesses, during which the parties shall be afforded an opportunity to be present but without the right to examine or cross-examine. If the parties so desire, they may submit questions to the investigating officer which the latter may propound to the parties or witnesses concerned.

(f) Thereafter, the investigation shall be deemed concluded, and the investigating officer shall resolve the case within ten (10) days therefrom. Upon the evidence thus adduced, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial.(14a)

Duty of investigating fiscal

Section 4.

Duty of investigating fiscal. - If they investigating fiscal finds cause to hold the respondent for trial, he shall prepare the resolution and corresponding information. He shall certify under oath that he has examined the complainant and his witnesses, that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof, that the accused was informed of the complaint and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend dismissal of the complaint. In either case, he shall forward the records of the case to the provincial or city fiscal or chief state prosecutor within five (5) days from his resolution. The latter shall take appropriate action thereon within ten (10) days from receipt thereof, immediately informing the parties of said action. No complaint or information may be filed or dismissed by an investigating fiscal without the prior written authority or approval of the provincial or city fiscal or chief state prosecutor. Where the investigating assistant fiscal recommends the dismissal of the case but his findings are reversed by the provincial or city fiscal or chief state prosecutor on the ground that a probable cause exists, the latter may, by himself, file the corresponding information against the respondent or direct any other assistant fiscal or state prosecutor to do so, without conducting another preliminary investigation. If upon petition by a proper party, the Minister of Justice reverses the resolution of the provincial or city fiscal or chief state prosecutor, he shall direct the fiscal concerned to file the corresponding information without conducting another preliminary investigation or to dismiss or move for dismissal of the complaint or information. (5a)'

Duty of investigating judge

Section 5.

Duty of investigating judge. - Within ten (10) days after the conclusion of the preliminary investigation, the investigating judge shall transmit to the provincial or city fiscal, for appropriate action, the resolution of the case, stating briefly the findings of facts and the law supporting his action, together with the entire records of case, which shall include:

(a) the warrant, if the arrest is by virtue of a warrant;

(b) the affidavits and other supporting evidence of the parties;

(c) the undertaking or bail of the accused;

(d) the order of release of the accused and cancellation of his bail bond, if the resolution is for the dismissal of the complaint.

Should the provincial or city fiscal disagree with the findings of the investigating judge, the fiscal must explain his action in writing furnishing the parties with copies of his resolution, not later than thirty (30) days from receipt of the records from the judge. (12a)

When warrant of arrest may issue

Section 6.

When warrant of arrest may issue. ——

(a) By the Regional Trial Court. - Upon the filing of an information, the Regional Trial Court may issue a warrant for the arrest of the accused.

(b) By the Municipal Trial Court - If the municipal trial judge conducting the preliminary investigation is satisfied after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice, he shall issue a warrant of arrest. (n)

When accused lawfully arrested without warrant

Section 7.

When accused lawfully arrested without warrant. - When a person is lawfully arrested without a warrant for an offense cognizable by the Trial Court the complaint or information may be filed by the offended party, peace officer or fiscal without a preliminary investigation having been first conducted, on the basis of the affidavit of the offended party or arresting officer or person. However, before the filing of such complaint or information, the person arrested may ask for a preliminary investigation by a proper officer in accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, with the assistance of a lawyer and in case of non-availability of a lawyer, responsible person of his choice. Notwithstanding such waiver, he may apply for bail as provided in the corresponding rule and the investigation must be terminated within fifteen (15) days from its inception. If case has been filed in court without a preliminary investigation having been first conducted, the accused may within five (5) days from the time he learns of the filing of the information, ask for a preliminary investigation with the same right to adduce evidence in his favor in the manner prescribed in this Rules. (15a)

Record of preliminary investigation

Section 8.

Record of preliminary investigation. - The record of the preliminary investigation whether conducted by a judge or a fiscal, shall not form part the record of the case in the Regional Trial Court. However, the said court, on its own initiative or that of any party, may order the production of the record or any part thereof whenever the same shall be necessary in the resolution of the case or any incident therein, or shall be introduced as evidence by the party requesting for its production. (n)

Section 9.

Cases not falling under the original jurisdiction of the Regional Trial Courts nor covered by the Rule on Summary Procedure. -

(a) Where filed with the fiscal. - If the complaint is filed directly with the fiscal or state prosecutor, the procedure outlined in Section 3 (a) of this Rule shall be observed. The fiscal shall take appropriate action based on the affidavits and other supporting documents submitted by the complainant. (b) Where filed directly with the Municipal Trial Court. - If the complaint or information is filed directly with the Municipal Trial Court, the procedure provided for in Section 3 (a) of this Rule shall likewise be observed. If the judge finds no sufficient ground to hold the respondent for trial, he shall dismiss the complaint or information. Otherwise, he shall issue a warrant of arrest upon compliance with the requirements in Section 6 (b) of this Rule. (n)

Rule 113 ARREST

Definition of arrest

Section 1.

Definition of arrest. - Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense, (1a)

Arrest; how made

Section 2.

Arrest; how made. - An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not be subject to any greater restraint than is necessary for his detention. (2a)

Duty of arresting officer

Section 3.

Duty of arresting officer. - It shall be the duty of the officer executing the warrant without unnecessary delay to arrest the accused and to deliver him to the nearest police station or jail. (3a)

Execution of warrant

Section 4.

Execution of warrant. - The head of the office to whom the warrant of arrest has been delivered for execution shall cause the warrant to be executed within ten (10) days from receipt thereof. Within ten (10) days after the expiration of such period, the officer to whom it was assigned for execution, shall make a return to the judge who issued the warrant and, in case of his failure to execute the same, shall state the reasons therefor, (n).

Arrest without warrant; when lawful

Section 5.

Arrest without warrant; when lawful. - A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) hereof, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail, and he shall be proceeded against in accordance with Rule 112, Section 7. (6a, 17a)

Time of making arrest

Section 6.

Time of making arrest. - An arrest may be made on any day and at any time of the day or night. (7)

Method of arrest by officer by virtue of warrant

Section 7.

Method of arrest by officer by virtue of warrant. - When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. (8)

Method of arrest by officer without warrant

Section 8.

Method of arrest by officer without warrant. - When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. (9)

Method of arrest by private person

Section 9.

Method of arrest by private person. - A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest. (10)

Officer may summon assistance

Section 10.

Officer may summon assistance. - An officer making a lawful arrest may orally summon as many persons as he deems necessary to aid him in making the arrest. Every person so summoned by an officer shall aid him in the making of such arrest, when he can render such aid without detriment to himself. (11)

Right of officer to break into building or enclosure

Section 11.

Right of officer to break into building or enclosure. - An officer in order to make an arrest either by virtue of a warrant, or When authorized to make such arrest for an offense without a warrant, as provided in Section 5, may break into any building or enclosure in which the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after he has announced his authority and purpose. (12a)

Right to break out of building or enclosure to effect release

Section 12.

Right to break out of building or enclosure to effect release. - Whenever an office entered the building or enclosure in accord with the provisions of the preceding section, he may break out therefrom when necessary for the purpose of liberating himself. (13a)

Arrest after escape or rescue

Section 13.

Arrest after escape or rescue. —— If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. (15a)

Right of attorney or relative person to visit person arrested

Section 14.

Right of attorney or relative person to visit person arrested. - Any member of the bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person, in the jail or any other place of custody at any hour of the day or, in urgent cases, of the night. The right shall also be exercised by any relative of the person arrested subject to reasonable regulation. (18a)

Rule 114 BAIL

Bail defined

Section 1.

Bail defined. - Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance. (1a)

Conditions of the bail; requirements

Section 2.

Conditions of the bail; requirements. — All kinds of bail are subject to the following conditions:

(a) The undertaking shall be effective upon approval and remain in force at all case until its final determination, unless the proper court directs otherwise; (b) The accused shall appear before the proper court whenever so required by the court or these Rules; (c) The failure of the accused to appear at the trial without justification despite due notice shall be deemed an express waiver of his rights present on the date specified in the notice. In such case, the trial may proceed in absentia; and (d) The accused shall surrender himself for execution of the final judgment.

The original papers shall state the full name and address of the accused, the amount of the undertaking and the conditions herein required. Photographs (passport size) taken recently showing the face, left and right profiles of the accused must be attached thereto. (2a)

Bail, a matter of right; except in capital

Section 3.

Bail, a matter of right; except in capital. —— All persons in custody shall be entitled to bail as a matter of right, except those charged with a capital offense when the evidence of guilt thereof is strong. (n)

Capital offense, defined

Section 4.

Capital offense, defined. - A capital offense, as the term is used in this Rule, is an offense which, under the law existing at the time of its commission and at the time of the application to be admitted to bail, may be punished with death.

Capital offense, burden of proof

Section 5.

Capital offense, burden of proof. - On the hearing of all application for admission to bail filed by any person who is in custody for the commission of a capital offense, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearings shall be considered automatically reproduced at the trial, but, upon motion of either party, the court may recall any witness for additional examination unless the witness is dead, outside of the Philippines or otherwise unable to testify. (7a)

Notice of application to fiscal

Section 6.

Notice of application to fiscal. - When admission to bail is a matter of discretion, the court must give reasonable notice of the hearing to the fiscal or require him to submit his recommendation. (8a)

Bond, where filed

Section 7.

Bond, where filed. - A person in custody for a bailable offense may file such bail fixed by the court where the case is pending or may apply for bail with any Regional Trial Court sitting in the province or city where he is held. In the absence of the regional trial judges or municipal circuit trial judge of said place may accept bonds filed therein or hear and decide application for bail. (n)

Court supervision of detainees

Section 8.

Court supervision of detainees. - The court shall exercise supervision over all persons in custody for the purpose of eliminating all unnecessary detention. The executive judges of the Regional Trial Courts shall conduct monthly personal inspections of provincial, city and municipal jails and their prisoners within their respective jurisdictions, to inquire into their proper accommodation and health, the number of detainees, the condition of the jail facilities, the segregation of sexes and minors from the adults, the observance of the right of detainees to confer privately with counsel, and the elimination of conditions disadvantageous to the detainees. In cities and municipalities to be specified by the Supreme Court, the municipal trial judges or municipal circuit trial judges shall conduct monthly personal inspections of municipal jails of their respective municipalities, and submit a report to the executive judge of the Regional Trial Court having jurisdiction therein. A monthly report of such visitation shall be submitted by the executive judges to the Court Administrator, stating the total number of detainees, at least the names of those held for more than thirty (30) days, the duration of detention, the crime charged, the status of the case, the cause for detention, and other pertinent Information. (n)

Bail, when not required; reduced bail or recognizance

Section 9.

Bail, when not required; reduced bail or recognizance. -No bail shall be required when the law or these Rules so provide. When a person has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced, he shall be released immediately, without prejudice to the continuation of the trial thereof or the proceedings on appeal. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the court. (n)

Amount of bail; guidelines

Section 10.

Amount of bail; guidelines. - The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to the following guidelines:

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;

(c) Penalty of the offense charged;

(d) Character and reputation of the accused;

(e) Age and health of the accused;

(f) The weight of the evidence against the accused;

(g) Probability of the accused appearing in trial;

(h) Forfeiture of other bonds;

(i) The fact that accused was a fugitive from justice when arrested; and

(j) The pendency other of cases in which the accused is under bond Excessive bail shall not be required. (n)

Qualification of sureties in property bail bond

Section 11.

Qualification of sureties in property bail bond. - The necessary qualification of sureties to a property bail bond shall be as follows:

(a) Each of them must be a resident owner of real estate within the Philippines; (b) Where there is only one surety, his real estate must be worth at least the amount of the undertaking; (c) In case there are two or more sureties, they may justify severally in amounts less than that expressed in the undertaking if the entire sum justified to is equivalent to the whole amount of bail demanded.

In all cases, every surety must be worth the amount specified in his own undertaking over and above all just debts, obligations and property exempt from execution. (9a)

Justification of sureties

Section 12.

Justification of sureties. - Every surety shall justify by affidavit taken before the judge, that each possesses the qualifications named in the preceding section, and shall be required to describe the property given as security, stating the nature of his title thereto, the encumbrances thereon, the number and amount of other bonds entered into by him and remaining undischarged, and his other liabilities. The court may further examine the sureties upon oath concerning their sufficiency in such manner as it may deem proper. No bond shall be approved unless the surety is qualified. (10a)

Corporate surety

Section 13.

Corporate surety. - Any domestic or foreign corporation licensed as a surety in accordance with law and currently authorized to act as such may provide bail by a bond subscribed jointly by the accused and an officer duly authorized by its board of directors. (n).

Property bond, how posted

Section 14.

Property bond, how posted. —— A property bond is an undertaking constituted as lien on the real property given as security for the amount of the bail. Upon approval of the bond, the court shall within ten (10) days order the accused to cause, the annotation of the lien on the original torrens title on file with the Register of Deeds, if the land is registered, or if unregistered, in the Registration Book on the space provided therefor, in the office of the Register of Deeds for the province or city where the land lies, and on the corresponding tax declaration in the office of the provincial and municipal assessor concerned. Non-compliance with the order shall be sufficient cause for cancellation of the property bond. (n)

Release on bail or recognizance

Section 15.

Release on bail or recognizance. - The accused must be discharged upon approval of the bail by any judge. The judge accepting the bail shall forward the release papers to the court where the case is pending. Whenever allowed, pursuant to Section 9 hereof, the court may release the accused on his own recognizance or that of a responsible person. An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without prior permission of the court where the case is pending. (11a)

Increase or reduction of bail

Section 16.

Increase or reduction of bail. - After the accused shall have been admitted to bail, the court may, upon good cause shown, either increase or reduce the amount of the same. If increased, the accused may be committed to custody unless he gives bail in the increased amount thereof within a reasonable period. An accused held to answer a criminal charge but who is released without bail on the filing of a complaint or information, may, at any subsequent stage of the proceedings whenever a strong showing of guilt appears to the court be required to give bail in the amount fixed, or in lieu thereof may be commited to custody. (12a)

Deposit of cash as bail

Section 17.

Deposit of cash as bail. - The accused or any person acting; in his behalf may deposit in cash with the nearest collector of internal revenue, or provincial, city or municipal treasurer the amount of bail fixed by the court or recommended by the fiscal who investigated or filed the case, and upon submission of a proper certificate of deposit and of a written undertaking showing compliance with the requirements of Section 2 hereof, the court must discharge him from custody. Money thus deposit shall be considered as bail and applied to the payment of any fine and costs and the excess, if any shall be returned to the accused or to whoever made the deposit. (14a),

Forfeiture of bail bond

Section 18.

Forfeiture of bail bond. - When the presence of the accused is specifically required by the court, or these Rules, his bondsmen shall be notified to produce him before the court on a given date. If the accused fails to appear in persons as required, the bond shall be declared forfeited and the bondsmen are given thirty (30) days within which to produce their principal and to show cause why a judgment should not be rendered against them for the amount of their bond. Within the said period, the bondsmen:

(a) must produce the body of their principal or give the reason for his non-production; and (b) must explain satisfactorily why the accused did not appear before the court when first required to do so.

Falling in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bond, and the court shall not reduce or otherwise mitigate the liability of the bondsmen, except when the accused has been surrendered or is acquitted. (15a)

Cancellation of bail bond

Section 19.

Cancellation of bail bond. - Upon application filed with the court and after due notice to the fiscal, the bail bond may be cancelled upon surrender of the accused or proof of his death. The bail bond shall be deemed automatically cancelled upon acquittal of the accused or dismissal of the case or execution of the final judgment of conviction. In all instances, the cancellation shall be without prejudice to any liability on the bond. (16a)

Sureties may arrest accused

Section 20.

Sureties may arrest accused. - For the purpose of surrendering the accused, the bondsmen may arrest him, or on written authority endorsed on a certified copy of the undertaking may cause him to be arrested by any police officer or any other person of suitable age and discretion. (17a)

No bail after judgment; exception

Section 21.

No bail after judgment; exception. - No bail shall be allowed after the judgment has become final. However, in case the accused has applied for probation, he may be allowed temporary liberty under his bail bond, but if no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance to the custody of a responsible member of the community. In no case shall bail be allowed after the accused has commenced to serve sentence. (18a)

Rule 115 RIGHTS OF ACCUSED

Rights of accused at the trial

Section 1.

Rights of accused at the trial. - In all criminal prosecutions, the accused shall be entitled:

(a) To be presumed innocent until the contrary is proved beyond reasonable doubt; (b) To be informed of the nature and cause of the accusation against him; (c) To be present and defend in person and by counsel at every stage of the proceedings, from the arraignment to the promulgation of judgment. The accused may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail bond, unless his presence is specifically ordered by the court for purposes of identification. The absence of the accused without any justifiable cause at the trial on a particular date of which he had notice shall be considered a waiver of his right to be present during that trial. When an accused under custody had been notified of the date of the trial and escapes, he shall be deemed to have waived his right to be present on said date on all subsequent trial dates until custody is regained. Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his right without the assistance of counsel; (d) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him; (e) To be exempt from being compelled to be a witness against himself; (f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its evidence the testimony of a witness who is deceased, out of or can not with due diligence be found in the Philippines, unavailable or otherwise unable to testify, given in another case or proceeding, judicial or administrative, involving the same parties and subject matter, the adverse party having had the opportunity to cross-examine him; (g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf; (h) To have a speedy, impartial and public trial; and (i) To have the right of appeal, in all cases allowed and in the manner prescribed by law. (1a)

Rule 116 ARRAIGNMENT AND PLEA

Arraignment and plea; how made

Section 1.

Arraignment and plea; how made. -

(a) The accused must be arraigned before the court where the complaint or information has been filed or assigned for trial. The arraignment must be made in open court by the judge or clerk by furnishing the accused a copy of the complaint or information with the list of witnesses, reading the same in the language or dialect known to him and asking him whether he pleads guilty or not guilty. The prosecution may, however, call at the trial witnesses other than those named in the complaint or information, (1a, R-116) (b) The accused must be present at the arraignment and must personally enter his plea. Both arraignment and plea shall be made of record, but a failure to enter of record shall not affect the validity of the proceedings. (2a, R-116; 1a, R-118; 3a, R-18). (c) If the accused refuses to plead, or makes a conditional plea of guilty, a plea of not guilty shall be entered for him, (2a, R-118)

Plea of guilty to a lesser offense

Section 2.

Plea of guilty to a lesser offense. - The accused, with the consent of the offended party and the fiscal, may be allowed by the trial court to plead guilty to a lesser offense, regardless of whether or not it is necessarily included in the crime charged, or is cognizable by a court of lesser jurisdiction than the trial court. No amendment of the complaint or information is necessary. (4a, R-118)

Plea of guilty to capital offense; reception of evidence

Section 3.

Plea of guilty to capital offense; reception of evidence. - When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may also present evidence in his behalf. (5a, R-118)

Plea of guilty to non-capital offense; reception of evidence, discretionary

Section 4.

Plea of guilty to non-capital offense; reception of evidence, discretionary. - When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine the penalty to be imposed. (5a, R-118)

Withdrawal of improvident plea of guilty

Section 5.

Withdrawal of improvident plea of guilty. -At any time before the judgment of conviction becomes final, the court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. (6a, R-118)

Duty of court to inform accused of his right to counsel

Section 6.

Duty of court to inform accused of his right to counsel. - Before arraignment, the court shall inform the accused of his right to counsel and shall ask him if he desires to have one. Unless the accused is allowed to defend himself in person, or he has employed counsel of his choice, the court must assign a counsel de oficio to defend him. (3a, R-116)

Appointment of counsel de oficio

Section 7.

Appointment of counsel de oficio. - The court, considering the gravity of the offense and the difficulty of the questions that may arise, shall appoint as counsel de oficio only such members of the bar in good standing who, by reason of their experience and ability may adequately defend the accused. But in localities where such members of the bar are not available, the court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused. (4a, R-116).

Time for counsel de oficio to prepare for arraignment

Section 8.

Time for counsel de oficio to prepare for arraignment. - Whenever a counsel de oficio is assigned by the court to defend the accused at the arraignment, he shall be given at least one hour to consult with the accused as to his plea before proceeding with the arraignment. (5a, R-116)

Time to prepare for trial

Section 9.

Time to prepare for trial. - After a plea of not guilty, the accused is entitled to two (2) days to prepare for trial unless the court for good cause grants him further time. (5a, R-116; 7a, R-118)

Bill of particulars

Section 10.

Bill of particulars. - Accused may, at or before arraignment, move for a bill of particulars to enable him properly to plead and to prepare for trial. The motion shall specify the alleged defects and the details desired. (6a. R-116)

Production or inspection of material evidence in possession of prosecution

Section 11.

Production or inspection of material evidence in possession of prosecution. - On motion of the accused showing good cause and with notice to all parties, the court, in order to prevent surprise, suppression, or alteration, may order the prosecution to produce and permit the inspection and copying or photographing, of any written statements given by the complainant and other witnesses in any, investigation of the offense conducted by the prosecution or any other investigating officers, as well as of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, not otherwise privileged, which constitute or contain evidence material to any matter Involved in the case, and which are In the possession or under the control of the prosecution, the police, or any other law investigating agencies. (8a, R-118)

Suspension of arraignment

Section 12.

Suspension of arraignment.—— The arraignment. — The arraignment shall be suspended, If at the time thereof:

(a) (a) The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental examination and, if necessary, his confinement for such purpose. (b) The court finds the existence of a valid prejudicial question. (n)

Rule 117 MOTION TO QUASH

Time to move to quash

Section 1.

Time to move to quash. - At any time before entering his plea, the accused may move to quash the complaint or information. (1a)

Form and contents

Section 2.

Form and contents. - The motion to quash shall be in writing signed by the accused or his counsel. It shall specify distinctly has the factual and legal grounds therefor and the court shall consider no grounds other than those stated therein except lack of jurisdiction over the offense charged. (3a, 4a, 5a.)

Grounds

Section 3.

Grounds. - The accused may move to quash the complaint or information on any of the following grounds:

(a) That the facts charged do not constitute an offense; (b) That the court trying the case has no jurisdiction over the offense charged or the person of the accused; (c) That the officer who filed the information had no authority to do so; (d) That it does not conform substantially to the prescribed form; (e) That more than one offense is charged except in those cases in which existing laws prescribe a single punishment for various offenses; (f) That the criminal action or liability has been extinguished; (g) That it contains averments which, if true, would constitute a legal excuse or justification; and (h) That the accused has been previously convicted or in jeopardy of being convicted, or acquitted of the offense charged. (2a)

Amendment of complaint or information

Section 4.

Amendment of complaint or information. - If the motion to quash is based on an alleged defect in the complaint or information which can be cured by amendment, the court shall order the amendment to be made. (2a)

Effect of sustaining the motion to quash

Section 5.

Effect of sustaining the motion to quash. - If the motion to quash is sustained the court may order that another information be file. If such order is made the accused, if in custody, shall remain so unless he shall be admitted to bail. If such order is not made or if having been made another information is not filed within a time to be specified in the order, or within such further the court may allow for good cause shown the accused, if in custody, shall be discharged there from, unless he is also in custody on some other charge. (7a)

Order sustaining the motion to quash not a bar to another prosecution; exception

Section 6.

Order sustaining the motion to quash not a bar to another prosecution; exception. — An order sustaining the motion to quash is not a bar to another prosecution for the same offense unless the motion was based on the grounds specified in Section 3, sub-sections (f) and (h) of this Rule. (8a)

Former conviction or acquittal; double jeopardy

Section 7.

Former conviction or acquittal; double jeopardy. - When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another persecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessary includes the offense charged in the former complaint or information under any of the following instances:

(a) the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge; (b) the facts constituting the graver charge became known or were discovered only after the filing of the former complaint or information; or (c) the plea of guilty to the lesser offense was made without the consent of the fiscal and of the offended party.

In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be credited with the same in the event of conviction for the graver offense. (9a)

Failure to move to quash or to allege any ground therefor

Section 8.

Failure to move to quash or to allege any ground therefor. - The failure of the accused to assert any ground of a motion to quash before he pleads the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of the grounds of a motion to quash, except the grounds of no offense charged, lack of jurisdiction, extinction of the offense or penalty and jeopardy, as provided for in paragraphs (a), (b), (f) and (h) of Section 3 of this Rule. (10a)

Rule 118 PRE-TRIAL

Pre-trial; when proper

Section 1.

Pre-trial; when proper. - To expedite the trial, where the accused and counsel agree, the court shall conduct a pre-trial conference on the matters enumerated in Section 2 hereof, without impairing the rights of the accused, (n)

Pre-trial conference; subjects

Section 2.

Pre-trial conference; subjects. - The pre-trial conference shall consider the following:

(a) Plea bargaining; 1 (b) Stipulation of facts; (c) Marking for identification of evidence of the parties; (d) Waiver of objections to admissibility of evidence; and (e) Such other matter as will promote a fair and expeditious trial, (n)

Pre-trial order

Section 3.

Pre-trial order. - After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of and control the course of the action during the trial, unless modified by the court to prevent manifest injustice. (n)

Pre-trial agreements must be signed

Section 4.

Pre-trial agreements must be signed. - No agreement or admission made or entered during the pre-trial conference shall be used in evidence against the accused unless reduced to writing and signed by him and his counsel. (n)

Rule 119 TRIAL

Notice of trial

Section 1.

Notice of trial. - The parties shall be notified of the date of trial at least two (2) days before such date. (1a)

Continuous trial until terminated; postponements

Section 2.

Continuous trial until terminated; postponements. - Trial once commenced shall continue from day to day as far as practicable until terminated; but for good cause, it may be postponed for a reasonable period of time. (2a)

Order of trial

Section 3.

Order of trial. - The trial shall proceed in the following order:

(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. (b) The accused may present evidence to prove his defense; and damages, if any, arising from the issuance of any provisional remedy in the case. (c) The parties may then respectively present rebutting evidence only, unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. (d) Upon admission of the evidence, the case shall be deemed submitted for decision unless the court directs the parties to argue orally or to submit memoranda. (e) However, when the accused admits the actor omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified accordingly. (3a)

Application for examination of witness for accused before trial

Section 4.

Application for examination of witness for accused before trial. - When the accused has been held to answer for an offense, he may, upon motion with notice to all other parties, have witnesses conditionally examined in his behalf in the manner hereinafter provided, but not otherwise. The motion shall state: (a) the name and residence of the witness; (b) the substance of his testimony; and (c) that the witness is so sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial, or resides more than 100 kilometers from the place of trial and has no means to attend the same, or that, apart from the foregoing, other similar circumstances exist that would make him unavailable or prevent him from attending the trial. The accused and such other evidence as the court may require. (4a)

Examination of defense witness; how made

Section 5.

Examination of defense witness; how made. -If the court is satisfied that the examination of witness for the accused is necessary, an order will be made directing that the witness be examined at a specified time and place, and that a copy of the order be served on the fiscal within a given time prior to that fixed for the examination. The examination will be taken before any judge or if not practicable, any member of the Bar in good standing so designated by the judge in the order, or, if the order be granted by a court of superior jurisdiction, before an inferior court to be designated in the order. The examination shall proceed notwithstanding the absence of the fiscal, if it appeals that he was duly notified of the hearing. A written record of the testimony shall be taken. (5a)

Bail to secure appearance of material witness

Section 6.

Bail to secure appearance of material witness. - When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may upon the motion of either party order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken. (6a)

Examination of witness for the prosecution

Section 7.

Examination of witness for the prosecution. - Where it shall satisfactorily appear that the witness for the prosecution is too sick or infirm to appear at the trial as directed by the order of the court, or has to leave the Philippines with no definite date of returning thereto, he may forthwith be conditionally examined before the judge or the court where the case is pending. Such examination in the presence of the accused, or after reasonable notice to attend the examination has been served on him, will be conducted in the same manner as an examination at the trial. Failure or refusal on the part of the accused to attend the examination after notice hereinbefore provided, shall be considered a waiver. The statement thus taken may be admitted in behalf of or against the accused. (7a)

Trial of several accused

Section 8.

Trial of several accused. - When two or more accused are jointly charged with any offense, they shall be tried jointly, unless the court in its discretion upon motion of the fiscal or any accused orders separate trials for one or more accused. (8a)

Discharge of accused to be state witness

Section 9.

Discharge of accused to be state witness. - When two or more persons are jointly charge with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that:

(a) There is absolute necessity for the testimony of the accused whose discharge is requested; (b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused; (c) The testimony of said accused can be substantially corroborated in its material points; (d) Said accused does not appear to be the most guilty; (e) Said accused has not at any time been convicted of any offense involving moral turpitude.

Evidence adduced in support of the discharge shall automatically form part of the trial. If the Court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence, (9a)

Discharge of accused operates as acquittal

Section 10.

Discharge of accused operates as acquittal. - The order indicated in the preceding section shall amount to an acquittal of the accused discharged and shall be a bar to future prosecution for the same offense, unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for his discharge. (11a)

When mistake has been made in charging the proper offense

Section 11.

When mistake has been made in charging the proper offense. - When it becomes manifest at any time before judgment, that a mistake has been made in charging the proper offense, and the accused cannot be convicted of the offense charge, or of any other offense necessarily included therein the accused shall not be discharged, if there to be good cause to detain him. In each the court shall commit the accused to answer for the proper offense and dismiss the original upon the filing of the proper information.

Appointment of acting fiscal

Section 12.

Appointment of acting fiscal. - When a fiscal, his assistant or deputy shall be disqualified to act, for any of the reasons stated in Section 1 Rule 137, or any other reasons, the judge or the fiscal shall communicate with the Minister of Justice in order that the latter may appoint an acting fiscal. (13a)

Exclusion of the public

Section 13.

Exclusion of the public. - The court may, motu proprio , exclude the public from the courtroom if the evidence to be produced during the trial is of such a character as to be offensive to decency or public morals. The court may also, on motion of the accused exclude the public from the trial except court personnel and the counsel of the parties. (14a)

Consolidation of trials of related offenses

Section 14.

Consolidation of trials of related offenses. — Charges for offenses founded on the same facts, or forming part of a series of offenses of similar character may be tried jointly at the court's discretion. (15a)

Demurrer to evidence

Section 15.

Demurrer to evidence. - When after the prosecution has rested its case, the accused files a motion to dismiss the case on the ground of in sufficiency of evidence, he waives the right to present evidence and submits the case for judgment basis of the evidence for the prosecution. (n)

Rule 120 JUDGMENT

Judgment defined

Section 1.

Judgment defined. - The term judgment as used in this Rule means the adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused. (1a)

Form and contents of judgment

Section 2.

Form and contents of judgment. — The judgment must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts proved or admitted by the accused and the law upon which the judgment is based. If it is of conviction, the judgment shall state (a) the legal qualification of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission thereof, if there are any; (b) the participation of the accused in the commission of the offense, whether as principal, accomplice, or accessory after the fact; (c) the penalty imposed upon the accused; and (d) the civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate action has been reserved or waived. In case of acquittal, unless there is a clear showing that the act from which the civil liability might arise did not exist, the judgment shall make a finding on the civil liability of the accused in favor of the offended party. (2a)

Judgment for two or more offenses

Section 3.

Judgment for two or more offenses. - When two or more offenses are charged in a single complaint or information, and the accused fails to object to it before trial, the court may convict the accused of as many offenses as are charged and proved, and impose on him the penalty for each and every one of them setting out separately the findings of fact and law in each case. (3a)

Judgment in case of variance between allegation and proof

Section 4.

Judgment in case of variance between allegation and proof. - When there is variance between the offense charged in the complaint or information, and that proved or established by the evidence, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved included in that which is charged or of the offense charged included in that which is proved. (4a)

When an offense includes or is included in another

Section 5.

When an offense includes or is included in another. - An offense charged necessarily includes that which is proved, when some of the essential elements or ingredients of the former, as this is alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form a part of those constituting the latter. (5)

Promulgation of judgment

Section 6.

Promulgation of judgment. - The judgment is promulgated by reading the same in the presence of the accused and any judge of the court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative. When the judge is absent or outside of the province or city, the judgment may be promulgated by the clerk of court. If the accused is confined or detained in another province or city, the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court that rendered the judgment. The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal. The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and counsel, requiring him to be present at the promulgation of the decision. In case the accused fails to appear thereat the promulgation shall consist in the recording of the judgment in the criminal docket and a copy thereof shall be served upon the accused or counsel. If the judgment is for conviction, and the accused's failure to appear was without justifiable cause, the court shall further order the arrest of the accused, who may appeal within fifteen (15) days from notice of the decision to him or his counsel, (6a)

Modification of judgment

Section 7.

Modification of judgment. - A judgment of conviction may, upon motion of the accused, be modified or set aside by the court rendering it before the judgment has become final or appeal has been perfected. A judgment in a criminal case becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or the accused has expressly waived in writing his right to appeal, or the accused has applied for probation. (7a)

Entry of judgment

Section 8.

Entry of judgment. - After a judgment has become final it shall be entered in accordance with Rule 36. (8)

Section 9.

Existing provisions governing suspension of sentence, probation and parole, not affected by this Rule. - Nothing in this Rule shall be construed as affecting any existing provision in the law governing suspension of sentence, probation or parole. (9)

Rule 121 NEW TRIAL OR RECONSIDERATION

New trial or reconsideration

Section 1.

New trial or reconsideration. - At any time before a judgment of conviction becomes final, the court may on motion of the accused, or on its own instance with the consent of the accused, grant a new trial or reconsideration. (1a)

Grounds for a new trial

Section 2.

Grounds for a new trial. - The court grant a new trial on any of the following grounds:

(a) That errors of law or irregularities have been committed during the trial prejudicial to the substantial rights of the accused;

(b) That new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial, and which if introduced and admitted, would probably change the judgment. (2a)

Ground for reconsideration

Section 3.

Ground for reconsideration. - The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which require no further proceedings. (n)

Form of motion and notice to the fiscal

Section 4.

Form of motion and notice to the fiscal. - The motion for a new trial or reconsideration shall be in writing and filed with the court. It shall state the grounds on which it is based. If the motion for a new trial is based on a newly discovered evidence, it must be supported by the affidavits of the witnesses by whom such evidence is expected to be given, or by duly authenticated copies of documents which it is proposed to introduce in evidence. Notice of the motion for new trial or reconsideration shall be given to the fiscal. (3a)

Hearing on motion

Section 5.

Hearing on motion. - Where a motion for a new trial calls for the decision of any question of fact the court may hear evidence of such motion by affidavits or otherwise. (4)

Effects of granting a new trial or reconsideration

Section 6.

Effects of granting a new trial or reconsideration. - The effects of granting a new trial or reconsideration are the following:

(a) When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all the proceedings and evidence not affected by the commission of such errors and irregularities shall stand, but those affected thereby shall be set aside and taken anew. The cuort may, in the interest of justice, allow the introduction of additional evidence.

(b) When a new trial is granted on the ground of newly discovered evidence, the evidence already taken shall stand, and the newly discover and such other evidence as the court may in the interest of justice, allow to be introduced, shall be taken and considered together with the evidence already in the record.

(c) In all cases, when the court grants new trial or reconsideration, the original judgment shall be set aside and a new judgment rendered accordingly. (5a)

Rule 122 APPEAL

Where to appeal

Section 1.

Where to appeal. - An appeal may be taken as hereinafter prescribed, from all final judgments and orders:

(a) In cases decided by the Municipal Trial Court, Municipal Circuit Trial Court, or Metropolitan Trial Court, to the Regional Trial Court; and (b) In cases decided by the Regional Court, to the Intermediate Appellate Court, or to the Supreme Court in the proper cases provided by law. 2 (n)

Who may appeal

Section 2.

Who may appeal. - Any party may appeal from a final judgment or order, except if the accused would be placed thereby in double jeoparty. (2a)

How appeal taken

Section 3.

How appeal taken. -

(a) The appeal to the Regional Trial Court, or to the Intermediate Appellate Court in case decided by the Regional Trial Court in the exercise of its original jurisdiction, shall be taken by filing a notice of appeal with the court which rendered the judgment or order appealed from, and by serving a copy thereof upon the adverse party.

(b) The appeal to the Intermediate Appellate Court in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review.

(c) The appeal to the Supreme Court in cases where the penalty imposed is life imprisonment or where a lesser penalty is imposed but involving Senses committed on the same occasion or arising out of the same occurrence that gave rise to the more serious offense for which the penalty of death or life imprisonment is imposed shall be by filing a notice of appeal in accordance with paragraph (a) of this Section.

(d) All other appeals to the Supreme Court shall be by petition for review on certiorari .

(e) In cases where the death penalty is imposed, the same shall be automatically reviewed by the Supreme Court as provided for in Section 10 of this Rule. (3a)

Publication of notice of appeal

Section 4.

Publication of notice of appeal. - If personal service of the copy of the notice of appeal can not be made upon the adverse party or his counsel, the court may order the publication of the notice in a newspaper having general circulation in the vicinity, at least once a week for a period not exceeding thirty (30) days, and such publication shall be deemed equivalent to personal service. (4a)

Notice waived

Section 5.

Notice waived. - The appellee may waive his right to a notice that an appeal has been taken. The appellate court may, in its discretion entertain an appeal notwithstanding failure to give such notice if the interests of justice so require. (5)

When appeal to be taken

Section 6.

When appeal to be taken. - An appeal must be taken within fifteen (15) days from promulgation or notice of the judgment or order appealed from. This period for perfecting an appeal shall be interrupted from the time of a motion new trial or reconsideration is filed until notice of the order overruling the motion shall have been served upon the accused or his counsel. (6a)

Transcribing and filing notes of stenographic reporter upon appeal

Section 7.

Transcribing and filing notes of stenographic reporter upon appeal. - When notice of appeal is filed by the accused the trial court shall direct the stenographic reporter to transcribe his notes of the proceedings. When filed by the People of the Philippines the trial court shall direct the stenographic reporter to transcribe such portion of his notes of the proceedings as the court, upon motion shall specify in writing. The stenographic reporter shall certify to the correctness of the notes and the transcript thereof which shall consist of the original and four copies and shall file the original and four copies of the transcript with the clerk without unnecessary delay. In case the death penalty is imposed, the stenographic reporter shall within thirty (30) days after rendition or promulgation of the sentence, file the original and four copies of the duly certified transcript of his notes of the proceedings with the clerk, whether the accused has appealed or not. No extension of time for the filing of said transcript of stenographic notes shall be granted except by the Supreme Court and solely upon justifiable grounds. (7a)

Transmission of papers to appellate court upon appeal

Section 8.

Transmission of papers to appellate court upon appeal. — Upon an appeal being taken, the clerk or judge of the court with whom the notice of appeal shall have been filed, must, within five (5) days after the filing of the notice, transmit to the clerk of the court to which the appeal is taken, the complete record in the case together with the notice of the appeal. The original and three copies of the transcript of the stenographic notes shall also be transmitted to the clerk of the appellate court together with the record, or as soon as thereafter possible. The other copy of the transcript shall remain in the lower court. (8a)

Appeal to the Regional Trial Courts

Section 9.

Appeal to the Regional Trial Courts. -

(a) Within five (5) days from the perfection of the appeal, the clerk of court shall transmit the original record to the appropriate Regional Trial Court.

(b) Upon receipt of the complete record of the case and of the transcripts and exhibits, the clerk f the Regional Trial Court shall notify the parties of such fact.

(c) Within fifteen (15) days from receipt of the said notice, the parties may submit memoranda and/or briefs or may be required by the Regional Trial Court to do so. After the submission of such memoranda and/or briefs , or upon the expiration of the period to file the same, the Regional Trial Court shall decide the case on the basis of the entire record of the proceedings in the court of origin and such memoranda and/or briefs as may have been filed. (n)

Transmission of records in case of death penalty

Section 10.

Transmission of records in case of death penalty. - In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for automatic review and judgment, within twenty (20) days but not earlier than fifteen (15) days after promulgation of the judgment or notice of denial of any motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days after the filing thereof by the stenographic reporter. (9a)

Effect of appeal by any of several accused

Section 11.

Effect of appeal by any of several accused. —

(a) An appeal taken by one or more of several accused shall not affect those who did not join in the appeal;

(b) The civil appeal of the offended party shall not affect the criminal aspect of the judgment or order appealed from;

(c) Upon the perfection of the appeal, the execution of the judgment or order appealed from shall be stayed as to the appealing party. (10a, 11a)

Withdrawal of appeal

Section 12.

Withdrawal of appeal. - Notwithstanding the perfection of the appeal, the Municipal Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court or Regional Trial Court may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court as provided in Section 8, in which case the judgment shall become final. The Regional Trial Court may also, in its discretion, allow the appellant from the judgment of a Municipal Trial Court, Municipal Circuit Trial Court, or Metropolitan Trial Court to withdraw his appeal, provided a motion to that effect is filed before judgment of the case on appeal, in which case the judgment of the court a quo shall become final and the case shall be remanded, to the court a quo for execution of the judgment. (12a)

Appointment of counsel de oficio for accused on appeal

Section 13.

Appointment of counsel de oficio for accused on appeal. - It shall be the duty of the clerk of the trial court upon the presentation of a notice of appeal in a criminal case, to ascertain from the appellant, if he be confined in prison, whether he desires the Intermediate Appellate Court or the Supreme Court to appoint a counsel to defend him de oficio and to transmit with the record, upon a form to be prepared by the clerk of the appellate court, a certificate of compliance with this duty and of the response of the appellant to his inquiry. (13a)

Rule 123 PROCEDURE IN THE MUNICIPAL TRIAL COURTS

Uniform Procedure

Section 1.

Uniform Procedure. - The procedure to be observed in the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts, except in criminal cases governed by the Rule on Summary Procedure in Special Cases adopted on August 1, 1983, namely, (1) Violations of traffic laws, rules and regulations; (2) Violations of the rental law; (3) Violations of municipal or city ordinances; and (4) All other criminal cases where the penalty prescribed by law for the offense charged does not exceed six months imprisonment, or a fine of one thousand pesos (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom; Provided, however, that in offenses involving damage to property through criminal negligence, said Rule shall govern where the imposable fine does not exceed ten thousand pesos (P10,000.00). (n)

Rule 124 PROCEDURE IN THE INTERMEDIATJ APPELLATE COURT

Title of the case

Section 1.

Title of the case. - In all criminal cases brought to the Intermediate Appellate Court, the party bringing the case to the appellate court shall be called the "appellant" and the adverse party the "appellee," but the title of the case shall remain as it was below, (1a)

Appointment of counsel de oficio for the accused

Section 2.

Appointment of counsel de oficio for the accused. - If it appears from the record of the case as transmitted: (a) that the accused is confined in prison, (b) without counsel de parte on appeal, and (c) signed the notice of appeal himself, then the clerk of the Intermediate Appellate Court shall designate a member of the bar to defend him, such designation to be made by rotation, unless otherwise directed by order of the court. An accused-appellant not confined in prison shall not be entitled to a counsel de oficio, unless the appointment of such counsel is requested in the appellate court within ten (10) days from receipts is established by affidavit. (2a)

When brief for appellant to be filed

Section 3.

When brief for appellant to be filed. - Within thirty (30) days from receipt by appellant or his counsel of the notice from the clerk of the appellate court that the evidence, oral and documentary, is already attached to the record, the appellant shall file seven (7) copies of his brief with the clerk which shall be accompanied by proof of service of two (2) copies thereof upon the appellee. (3a).

When brief for appellee to be filed

Section 4.

When brief for appellee to be filed. - Within thirty (30) days from the receipt of the brief of the appellant, the appellee shall file seven copies of his brief with the clerk which shall be accompanied by proof of service of two (2) copies thereof upon the appellant. (4a)

Extension of time for filing briefs

Section 5.

Extension of time for filing briefs. - Extension of time for the filing of briefs will not be allowed, except for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended. (5)

Form of briefs

Section 6.

Form of briefs. - Briefs shall either be typewritten on good quality unglazed paper, or mimeographed or printed on newsprint or brown mimeograph paper, 280 mm. in length by 216 mm. in width (commonly known as letter size). (6a)

Contents of briefs

Section 7.

Contents of briefs. - The briefs in criminal cases shall have the same contents as provided in Sections 16 and 17 of Rule 46. The decision or order appealed from shall be copied as an appendix to the appellant's brief. (7)

Dismissal of appeal for abandonment or failure to prosecute

Section 8.

Dismissal of appeal for abandonment or failure to prosecute. - The appellate court may, upon motion of the appellee or on its own motion and notice to the appellant, dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule, except in case the appellant is presented by a counsel de oficio. The court may also, upon motion of the appellee or on its own motion, dismiss the appeal if the appellant escapes from prison or confinement or jumps bail or flees to a foreign country during the pendency of the appeal. (8a)

Prompt disposition of cases

Section 9.

Prompt disposition of cases. - All appeals were the accused is under detention shall have precedence over other appeals. The appellate court shall hear and decide the appeal at the earliest practicable time with due regard to the rights of the parties. The accused need not be present in court during the hearing of the appeal. (9a)

Judgment not to be reversed or modified except for substantial error

Section 10.

Judgment not to be reversed or modified except for substantial error. - No judgment shall be reversed or modified unless the appellate court after an examination of all the appeal papers is of the opinion that error was committed which injuriously affected the substantial rights of the appellant. (10)

Power of appellate court on appeal

Section 11.

Power of appellate court on appeal. - Upon appeal from a judgment of the Regional Trial Court, the appellate court may reverse, affirm, or modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the case. (11a)

Power to receive evidence

Section 12.

Power to receive evidence. - The Intermediate Appellate Court shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct news trials or further proceedings. (n)

Quorum of the court

Section 13.

Quorum of the court. - The concurrence of three (3) Justices of a division shall be necessary for the pronouncement of a judgment or resolution. Whenever the Division is composed of less than five (5) members and the necessary concurrence of three (3) Justices cannot be obtained for a decision or resolution, the Chairman of the division shall request the raffle committee of the Intermediate Appellate Court for the designation of additional Justices to participate in the case. The designation of additional Justices shall be made strictly by raffle from the Justices of the other Criminal Cases Division. Whenever a Criminal Cases Division should be of the opinion that the penalty of death or life imprisonment should be imposed in a case, the said Division after discussion of the evidence and the law involved, shall render judgment imposing the penalty of either death or reclusion perpetua as the circumstances warrant, refrain from entering judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court for review. (12a)

Motion for new trial

Section 14.

Motion for new trial. - At any time after the appeal from the lower court has been perfected and before the judgment of the appellate court convicting the accused becomes final, the latter may move for a new trial on the ground of newly discovered evidence material to his defense, the motion to conform to the provisions of Section 4, Rule 121. (13a)

Where new trial conducted

Section 15.

Where new trial conducted. - When a raw trial is granted, the Intermediate Appellate Court may refer it to the court of origin. (14a)

Rehearing or reconsideration

Section 16.

Rehearing or reconsideration. - Motion for a rehearing or reconsideration shall be made within fifteen (15) days after notice of the decision of the court, with copies served upon the adverse party, setting forth the grounds on which they are made. The mittimus shall be stayed during the pendency of a motion for rehearing or reconsideration. No party shall be allowed to file a second motion for rehearing or reconsideration of a final judgment or order. (15a)

Judgment transmitted and filed in trial court

Section 17.

Judgment transmitted and filed in trial court. - When the entry of judgment of the appellate court is issued, a certified true copy of the judgment shall be transmitted to the clerk of the court from which the appeal was taken, and shall be filed by him. (16a)

Application of certain rules in civil to criminal cases

Section 18.

Application of certain rules in civil to criminal cases. - The provisions of Rules 46 to 56 relating to procedure in the Intermediate Appellate Court and in the Supreme Court in original as well as appealed civil cases shall, insofar as they are applicable and not inconsistent with the provisions of this Rule, be applied to criminal cases. (17a)

Rule 125 PROCEDURE IN THE SUPREME COURT

Uniform procedure

Section 1.

Uniform procedure. - Unless otherwise provided by the Constitution or the law, the procedure in the Supreme Court in original as well as in appealed cases shall be the same as in the Intermediate Appellate Court, (1a)

Review of decisions of the Intermediate Appellate Court

Section 2.

Review of decisions of the Intermediate Appellate Court. - The procedure for the review by the Supreme Court of decisions rendered by the Intermediate Appellate Court in criminal cases shall be the same as in civil cases, (2a)

Decision if opinion is equally divided

Section 3.

Decision if opinion is equally divided. - When the court en banc is equally divided in opinion or the necessary majority cannot be had, the case shall be reheard, and if in rehearing no decision is reached, the judgment of conviction of the lower court shall be reversed and the accused acquitted. (3a)

Rule 126 SEARCH AND SEIZURE

Search warrant defined

Section 1.

Search warrant defined. - A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. (1a)

Personal property to be seized

Section 2.

Personal property to be seized. - A search warrant may be issued for the search and seizure of personal property:

(a) Subject of the offense; (b) Stolen or embezzled and other proceeds or fruits of the offense; and (c) Used or intended to be used as the means of committing an offense. (2a)

Requisites for issuing search warrant

Section 3.

Requisites for issuing search warrant. - A search warrant shall not issue but upon probable cause in connection with one specific offense to be determined by the judge or such other responsible officer authorized by law after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized. (3a)

Examination of complainant; record

Section 4.

Examination of complainant; record. - The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath the complainant and any witnesses he may produce on facts personally known to them and attach to the record their sworn statements together with any affidavits submitted. (4a)

Issuance and form of search warrant

Section 5.

Issuance and form of search warrant. - If the judge is thereupon satisfied of the existence of facts upon which the application is based, or that there is probable cause to believe that they exist, he must issue the warrant, which must be substantially in the form prescribed by these Rules. (5a)

Right to break door or window to effect search

Section 6.

Right to break door or window to effect search. - The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (6)

Search of house, room, or premise, to be made in presence of two witnesses

Section 7.

Search of house, room, or premise, to be made in presence of two witnesses. - No search a house, room, or any other premise shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, in the presence of two witnesses of sufficient age and discretion residing in the same locality. (7a)

Time of making search

Section 8.

Time of making search. - The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. (8)

Validity of search warrant

Section 9.

Validity of search warrant. - A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void. (9)

Receipt for the property seized

Section 10.

Receipt for the property seized. - The officer seizing property under the warrant must give a detailed receipt for the same to the Iawful occupant of the premises in whose presence the search, and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. (10a)

Delivery of property and inventory thereof to court

Section 11.

Delivery of property and inventory thereof to court. - The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. (11a)

Search incident to lawful arrest

Section 12.

Search incident to lawful arrest. - A person lawfully arrested may be searched for dangerous weapons or anything which may be used as proof of the commission of an offense, without a search warrant. (12a)

Rule 127 PROVISIONAL REMEDIES IN CRIMINAL CASES

Availability of provisional remedies

Section 1.

Availability of provisional remedies. - The provisional remedies in civil actions may likewise be availed of in connection with the civil action deemed instituted with the criminal action, insofar as they are applicable. (n)

Attachment

Section 2.

Attachment. - At the commencement of a criminal action or at any time thereafter, when action for the recovery of civil liability arising from the offense charged is not expressly waived or the right to institute such civil action separately is not reserved, the offended party may have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused, in the following cases:

(a) When the accused is about to abscond from the Philippines;

(b) When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer, or any officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity or for a willfull violation of duty;

(c) When the accused has concealed, removed, or disposed of his property, or is about to do so; and

(d) When the accused resides outside the Philippines. (1a)

Footnotes

1 The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually Involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a multi - count indictment in return for a lighter sentence than that for the graver charge. (Black's Law Dictionary,. 5th Ed. 1979 p. 1037).

2 Sec. 17, RA 296, as amended; Sec. 9, B.P. 129.

REVISED RULES ON EVIDENCE (Rules 128-134, Rules of Court)

AS AMENDED PER RESOLUTION ADOPTED ON MARCH 14, 1989

PART IV

RULES OF EVIDENCE

RULE 128

General Provisions

Evidence defined

Section 1.

Evidence defined . — Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1)

Scope

Section 2.

Scope . — The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. (2a)

Admissibility of evidence

Section 3.

Admissibility of evidence . — Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules. (3a)

Section 4.

Relevancy ; collateral matters . — Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. (4a)

RULE 129

What Need Not Be Proved

Judicial notice, when mandatory

Section 1.

Judicial notice, when mandatory . — A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions. (1a)

Judicial notice, when discretionary

Section 2.

Judicial notice, when discretionary . — A court may take judicial notice of matters which are of public knowledge, or are capable to unquestionable demonstration, or ought to be known to judges because of their judicial functions. (1a)

Judicial notice, when hearing necessary

Section 3.

Judicial notice, when hearing necessary . — During the trial, the court, on its own initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.

After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case. (n)

Judicial admissions

Section 4.

Judicial admissions . — An admission, verbal or written, made by the party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. (2a)

RULE 130

Rules of Admissibility

A. OBJECT (REAL) EVIDENCE

Object as evidence

Section 1.

Object as evidence . — Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. (1a)

B. DOCUMENTARY EVIDENCE

Documentary evidence

Section 2.

Documentary evidence . — Documents as evidence consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents. (n)

1. Best Evidence Rule

Section 3.

Original document must be produced ; exceptions . — When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the following cases:

(a) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;

(b) When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice;

(c) When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole; and

(d) When the original is a public record in the custody of a public officer or is recorded in a public office. (2a)

Original of document

Section 4.

Original of document . —

(a) The original of the document is one the contents of which are the subject of inquiry.

(b) When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals.

(c) When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals. (3a)

2. Secondary Evidence

When original document is unavailable

Section 5.

When original document is unavailable . — When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated. (4a)

When original document is in adverse party's custody or control

Section 6.

When original document is in adverse party's custody or control . — If the document is in the custody or under the control of adverse party, he must have reasonable notice to produce it. If after such notice and after satisfactory proof of its existence, he fails to produce the document, secondary evidence may be presented as in the case of its loss. (5a)

Evidence admissible when original document is a public record

Section 7.

Evidence admissible when original document is a public record . — When the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof. (2a)

Party who calls for document not bound to offer it

Section 8.

Party who calls for document not bound to offer it . — A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence. (6a)

3. Parol Evidence Rule

Evidence of written agreements

Section 9. Evidence of written agreements. — When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.

However, a party may present evidence to modify, explain or add to the terms of written agreement if he puts in issue in his pleading:

(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;

(b) The failure of the written agreement to express the true intent and agreement of the parties thereto;

(c) The validity of the written agreement; or

(d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.

The term "agreement" includes wills. (7a)

4. Interpretation Of Documents

Interpretation of a writing according to its legal meaning

Section 10.

Interpretation of a writing according to its legal meaning . — The language of a writing is to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties intended otherwise. (8)

Instrument construed so as to give effect to all provisions

Section 11.

Instrument construed so as to give effect to all provisions . — In the construction of an instrument, where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all. (9)

Section 12.

Interpretation according to intention ; general and particular provisions . — In the construction of an instrument, the intention of the parties is to be pursued; and when a general and a particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it. (10)

Interpretation according to circumstances

Section 13.

Interpretation according to circumstances . — For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject thereof and of the parties to it, may be shown, so that the judge may be placed in the position of those who language he is to interpret. (11)

Peculiar signification of terms

Section 14.

Peculiar signification of terms . — The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible to show that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly. (12)

Written words control printed

Section 15.

Written words control printed . — When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter. (13)

Experts and interpreters to be used in explaining certain writings

Section 16.

Experts and interpreters to be used in explaining certain writings . — When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, the evidence of persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language. (14)

Of Two constructions, which preferred

Section 17.

Of Two constructions, which preferred . — When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is the most favorable to the party in whose favor the provision was made. (15)

Construction in favor of natural right

Section 18.

Construction in favor of natural right . — When an instrument is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to be adopted. (16)

Interpretation according to usage

Section 19.

Interpretation according to usage . — An instrument may be construed according to usage, in order to determine its true character. (17)

C. TESTIMONIAL EVIDENCE

1. Qualification of Witnesses

Section 20.

Witnesses ; their qualifications . — Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make their known perception to others, may be witnesses.

Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification. (18a)

Disqualification by reason of mental incapacity or immaturity

Section 21.

Disqualification by reason of mental incapacity or immaturity . — The following persons cannot be witnesses:

(a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others;

(b) Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully. (19a)

Disqualification by reason of marriage

Section 22.

Disqualification by reason of marriage . — During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants. (20a)

Disqualification by reason of death or insanity of adverse party

Section 23.

Disqualification by reason of death or insanity of adverse party . — Parties or assignor of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. (20a)

Disqualification by reason of privileged communication

Section 24.

Disqualification by reason of privileged communication . — The following persons cannot testify as to matters learned in confidence in the following cases:

(a) The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants;

(b) An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity;

(c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient;

(d) A minister or priest cannot, without the consent of the person making the confession, be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs;

(e) A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure. (21a)

2. Testimonial Privilege

Parental and filial privilege

Section 25.

Parental and filial privilege . — No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants. (20a)

3. Admissions and Confessions

Admission of a party

Section 26.

Admission of a party . — The act, declaration or omission of a party as to a relevant fact may be given in evidence against him. (22)

Offer of compromise not admissible

Section 27.

Offer of compromise not admissible . — In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror.

In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromised by the accused may be received in evidence as an implied admission of guilt.

A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to lesser offense, is not admissible in evidence against the accused who made the plea or offer.

An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury. (24a)

Admission by third party

Section 28.

Admission by third party . — The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as hereinafter provided. (25a)

Admission by co-partner or agent

Section 29.

Admission by co-partner or agent .

— The act or declaration of a partner or agent of the party within the scope of his authority and during the existence of the partnership or agency, may be given in evidence against such party after the partnership or agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party. (26a)

Admission by conspirator

Section 30.

Admission by conspirator . — The act or declaration of a conspirator relating to the conspiracy and during its existence, may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration. (27)

Admission by privies

Section 31.

Admission by privies . — Where one derives title to property from another, the act, declaration, or omission of the latter, while holding the title, in relation to the property, is evidence against the former. (28)

Admission by silence

Section 32.

Admission by silence . — An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him. (23a)

Confession

Section 33.

Confession . — The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him. (29a)

4. Previous Conduct as Evidence

Similar acts as evidence

Section 34.

Similar acts as evidence . — Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not do the same or similar thing at another time; but it may be received to prove a specific intent or knowledge; identity, plan, system, scheme, habit, custom or usage, and the like. (48a)

Unaccepted offer

Section 35.

Unaccepted offer . — An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if rejected without valid cause, equivalent to the actual production and tender of the money, instrument, or property. (49a)

5. Testimonial Knowledge

Section 36.

Testimony generally confined to personal knowledge ; hearsay excluded . — A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules. (30a)

6. Exceptions To The Hearsay Rule

Dying declaration

Section 37.

Dying declaration . — The declaration of a dying person, made under

the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. (31a)

Declaration against interest

Section 38.

Declaration against interest . — The declaration made by a person deceased, or unable to testify, against the interest of the declarant, if the fact is asserted in the declaration was at the time it was made so far contrary to declarant's own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true, may be received in evidence against himself or his successors in interest and against third persons. (32a)

Act or declaration about pedigree

Section 39.

Act or declaration about pedigree . — The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. The word "pedigree" includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these fast occurred, and the names of the relatives. It embraces also facts of family history intimately connected with pedigree. (33a)

Family reputation or tradition regarding pedigree

Section 40.

Family reputation or tradition regarding pedigree . — The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereon be also a member of the family, either by consanguinity or affinity. Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like, may be received as evidence of pedigree. (34a)

Common reputation

Section 41.

Common reputation . — Common reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years old, or respecting marriage or moral character, may be given in evidence. Monuments and inscriptions in public places may be received as evidence of common reputation. (35)

Part of res gestae

Section 42.

Part of res gestae . — Statements made by a person while a starting occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of res gestae . So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae . (36a)

Entries in the course of business

Section 43.

Entries in the course of business . — Entries made at, or near the time of transactions to which they refer, by a person deceased, or unable to testify, who was in a position to know the facts therein stated, may be received as prima facie evidence, if such person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty. (37a)

Entries in official records

Section 44.

Entries in official records . — Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated. (38)

Commercial lists and the like

Section 45.

Commercial lists and the like . — Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other published compilation is admissible as tending to prove the truth of any relevant matter so stated if that compilation is published for use by persons engaged in that occupation and is generally used and relied upon by them therein. (39)

Learned treatises

Section 46.

Learned treatises . — A published treatise, periodical or pamphlet on a subject of history, law, science, or art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the treatise, periodical or pamphlet is recognized in his profession or calling as expert in the subject. (40a)

Testimony or deposition at a former proceeding

Section 47.

Testimony or deposition at a former proceeding . — The testimony or deposition of a witness deceased or unable to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject matter, may be given in evidence against the adverse party who had the opportunity to cross-examine him. (41a)

7. Opinion Rule

General rule

Section 48.

General rule . — The opinion of witness is not admissible, except as indicated in the following sections. (42)

Opinion of expert witness

Section 49.

Opinion of expert witness . — The opinion of a witness on a matter requiring special knowledge, skill, experience or training which he shown to posses, may be received in evidence. (43a)

Opinion of ordinary witnesses

Section 50.

Opinion of ordinary witnesses . — The opinion of a witness for which proper basis is given, may be received in evidence regarding —

(a) the identity of a person about whom he has adequate knowledge;

(b) A handwriting with which he has sufficient familiarity; and

(c) The mental sanity of a person with whom he is sufficiently acquainted.

The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person. (44a)

8. Character Evidence

Section 51.

Character evidence not generally admissible ; exceptions : —

(a) In Criminal Cases:

(1) The accused may prove his good moral character which is pertinent to the moral trait involved in the offense charged.

(2) Unless in rebuttal, the prosecution may not prove his bad moral character which is pertinent to the moral trait involved in the offense charged.

(3) The good or bad moral character of the offended party may be proved if it tends to establish in any reasonable degree the probability or improbability of the offense charged.

(b) In Civil Cases:

Evidence of the moral character of a party in civil case is admissible only when pertinent to the issue of character involved in the case.

(c) In the case provided for in Rule 132, Section 14, (46a, 47a)

RULE 131

Burden of Proof and Presumptions

Burden of proof

Section 1.

Burden of proof. — Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law. (1a, 2a)

Conclusive presumptions

Section 2.

Conclusive presumptions . — The following are instances of conclusive presumptions:

(a) Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led to another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it:

(b) The tenant is not permitted to deny the title of his landlord at the time of commencement of the relation of landlord and tenant between them. (3a)

Disputable presumptions

Section 3.

Disputable presumptions . — The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence:

(a) That a person is innocent of crime or wrong;

(b) That an unlawful act was done with an unlawful intent;

(c) That a person intends the ordinary consequences of his voluntary act;

(d) That a person takes ordinary care of his concerns;

(e) That evidence willfully suppressed would be adverse if produced;

(f) That money paid by one to another was due to the latter;

(g) That a thing delivered by one to another belonged to the latter;

(h) That an obligation delivered up to the debtor has been paid;

(i) That prior rents or installments had been paid when a receipt for the later one is produced;

(j) That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act; otherwise, that things which a person possess, or exercises acts of ownership over, are owned by him;

(k) That a person in possession of an order on himself for the payment of the money, or the delivery of anything, has paid the money or delivered the thing accordingly;

(l) That a person acting in a public office was regularly appointed or elected to it;

(m) That official duty has been regularly performed;

(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful exercise of jurisdiction;

(o) That all the matters within an issue raised in a case were laid before the court and passed upon by it; and in like manner that all matters within an issue raised in a dispute submitted for arbitration were laid before the arbitrators and passed upon by them;

(p) That private transactions have been fair and regular;

(q) That the ordinary course of business has been followed;

(r) That there was a sufficient consideration for a contract;

(s) That a negotiable instrument was given or indorsed for a sufficient consideration;

(t) That an endorsement of negotiable instrument was made before the instrument was overdue and at the place where the instrument is dated;

(u) That a writing is truly dated;

(v) That a letter duly directed and mailed was received in the regular course of the mail;

(w) That after an absence of seven years, it being unknown whether or not the absentee still lives, he is considered dead for all purposes, except for those of succession.

The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened.

The following shall be considered dead for all purposes including the division of the estate among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aircraft with is missing, who has not been heard of for four years since the loss of the vessel or aircraft;

(2) A member of the armed forces who has taken part in armed hostilities, and has been missing for four years;

(3) A person who has been in danger of death under other circumstances and whose existence has not been known for four years;

(4) If a married person has been absent for four consecutive years, the spouse present may contract a subsequent marriage if he or she has well-founded belief that the absent spouse is already death. In case of disappearance, where there is a danger of death the circumstances hereinabove provided, an absence of only two years shall be sufficient for the purpose of contracting a subsequent marriage. However, in any case, before marrying again, the spouse present must institute a summary proceedings as provided in the Family Code and in the rules for declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

(x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact;

(y) That things have happened according to the ordinary course of nature and ordinary nature habits of life;

(z) That persons acting as copartners have entered into a contract of copartneship;

(aa) That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage;

(bb) That property acquired by a man and a woman who are capacitated to marry each other and who live exclusively with each other as husband and wife without the benefit of marriage or under void marriage, has been obtained by their joint efforts, work or industry.

(cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each other and who have acquire properly through their actual joint contribution of money, property or industry, such contributions and their corresponding shares including joint deposits of money and evidences of credit are equal.

(dd) That if the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary:

(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage.

(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage.

(ee) That a thing once proved to exist continues as long as is usual with things of the nature;

(ff) That the law has been obeyed;

(gg) That a printed or published book, purporting to be printed or published by public authority, was so printed or published;

(hh) That a printed or published book, purporting contain reports of cases adjudged in tribunals of the country where the book is published, contains correct reports of such cases;

(ii) That a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to perfect the title of such person or his successor in interest;

(jj) That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the following rules:

1. If both were under the age of fifteen years, the older is deemed to have survived;

2. If both were above the age sixty, the younger is deemed to have survived;

3. If one is under fifteen and the other above sixty, the former is deemed to have survived;

4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be the same, the older;

5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived.

(kk) That if there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, they shall be considered to have died at the same time. (5a)

No presumption of legitimacy or illegitimacy

Section 4.

No presumption of legitimacy or illegitimacy . — There is no presumption of legitimacy of a child born after three hundred days following the dissolution of the marriage or the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must prove his allegation. (6)

RULE 132

Presentation of Evidence

A. EXAMINATION OF WITNESSES

Examination to be done in open court

Section 1.

Examination to be done in open court . — The examination of witnesses presented in a trial or hearing shall be done in open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the questions calls for a different mode of answer, the answers of the witness shall be given orally. (1a)

Proceedings to be recorded

Section 2.

Proceedings to be recorded . — The entire proceedings of a trial or hearing, including the questions propounded to a witness and his answers thereto, the statements made by the judge or any of the parties, counsel, or witnesses with reference to the case, shall be recorded by means of shorthand or stenotype or by other means of recording found suitable by the court.

A transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by him shall be deemed prima facie a correct statement of such proceedings. (2a)

Rights and obligations of a witness

Section 3.

Rights and obligations of a witness . — A witness must answer questions, although his answer may tend to establish a claim against him. However, it is the right of a witness:

(1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;

(2) Not to be detained longer than the interests of justice require;

(3) Not to be examined except only as to matters pertinent to the issue;

(4) Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or

(5) Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense. (3a, 19a)

Order in the examination of an individual witness

Section 4.

Order in the examination of an individual witness . — The order in which the individual witness may be examined is as follows;

(a) Direct examination by the proponent;

(b) Cross-examination by the opponent;

(c) Re-direct examination by the proponent;

(d) Re-cross-examination by the opponent. (4)

Direct examination

Section 5.

Direct examination . — Direct examination is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. (5a)

Cross-examination; its purpose and extent

Section 6.

Cross-examination; its purpose and extent . — Upon the termination of the direct examination, the witness may be cross-examined by the adverse party as to many matters stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. (8a)

Re-direct examination; its purpose and extent

Section 7.

Re-direct examination; its purpose and extent . —

After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to explain or supplement his answers given during the cross-examination. On re-direct-examination, questions on matters not dealt with during the cross-examination, may be allowed by the court in its discretion. (12)

Re-cross-examination

Section 8.

Re-cross-examination . — Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witness on matters stated in his re-direct examination, and also on such other matters as may be allowed by the court in its discretion. (13)

Recalling witness

Section 9.

Recalling witness . — After the examination of a witness by both sides has been concluded, the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its discretion, as the interests of justice may require. (14)

Leading and misleading questions

Section 10.

Leading and misleading questions . — A question which suggests to the witness the answer which the examining party desires is a leading question. It is not allowed, except:

(a) On cross examination;

(b) On preliminary matters;

(c) When there is a difficulty is getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;

(d) Of an unwilling or hostile witness; or

(e) Of a witness who is an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party.

A misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. It is not allowed. (5a, 6a, and 8a)

Impeachment of adverse party's witness

Section 11.

Impeachment of adverse party's witness . — A witness may be impeached by the party against whom he was called, by contradictory evidence, by evidence that his general reputation for truth, honestly, or integrity is bad, or by evidence that he has made at other times statements inconsistent with his present, testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense. (15)

Party may not impeach his own witness

Section 12.

Party may not impeach his own witness . — Except with respect to witnesses referred to in paragraphs (d) and (e) of Section 10, the party producing a witness is not allowed to impeach his credibility.

A witness may be considered as unwilling or hostile only if so declared by the court upon adequate showing of his adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the witness stand.

The unwilling or hostile witness so declared, or the witness who is an adverse party, may be impeached by the party presenting him in all respects as if he had been called by the adverse party, except by evidence of his bad character. He may also be impeached and cross-examined by the adverse party, but such cross-examination must only be on the subject matter of his examination-in-chief. (6a, 7a)

How witness impeached by evidence of inconsistent statements

Section 13.

How witness impeached by evidence of inconsistent statements . — Before a witness can be impeached by evidence that he has made at other times statements inconsistent with his present testimony, the statements must be related to him, with the circumstances of the times and places and the persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing they must be shown to the witness before any question is put to him concerning them. (16)

Evidence of good character of witness

Section 14.

Evidence of good character of witness . — Evidence of the good character of a witness is not admissible until such character has been impeached. (17)

Exclusion and separation of witnesses

Section 15.

Exclusion and separation of witnesses . — On any trial or hearing, the judge may exclude from the court any witness not at the time under examination, so that he may not hear the testimony of other witnesses. The judge may also cause witnesses to be kept separate and to be prevented from conversing with one another until all shall have been examined. (18)

When witness may refer to memorandum

Section 16.

When witness may refer to memorandum . — A witness may be allowed to refresh his memory respecting a fact, by anything written or recorded by himself or under his direction at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory and knew that the same was correctly written or recorded; but in such case the writing or record must be produced and may be inspected by the adverse party, who may, if he chooses, cross examine the witness upon it, and may read it in evidence. So, also, a witness may testify from such writing or record, though he retain no recollection of the particular facts, if he is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution. (10a)

Section 17.

When part of transaction, writing or record given in evidence, the remainder, the remainder admissible . — When part of an act, declaration, conversation, writing or record is given in evidence by one party, the whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation, writing or record is given in evidence, any other act, declaration, conversation, writing or record necessary to its understanding may also be given in evidence. (11a)

Right to respect writing shown to witness

Section 18.

Right to respect writing shown to witness . — Whenever a writing is shown to a witness, it may be inspected by the adverse party. (9a)

B. AUTHENTICATION AND PROOF OF DOCUMENTS

Classes of Documents

Section 19.

Classes of Documents . — For the purpose of their presentation evidence, documents are either public or private.

Public documents are:

(a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;

(b) Documents acknowledge before a notary public except last wills and testaments; and

(c) Public records, kept in the Philippines, of private documents required by law to the entered therein.

All other writings are private. (20a)

Proof of private document

Section 20.

Proof of private document . — Before any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either:

(a) By anyone who saw the document executed or written; or

(b) By evidence of the genuineness of the signature or handwriting of the maker.

Any other private document need only be identified as that which it is claimed to be. (21a)

When evidence of authenticity of private document not necessary

Section 21.

When evidence of authenticity of private document not necessary . — Where a private document is more than thirty years old, is produced from the custody in which it would naturally be found if genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its authenticity need be given. (22a)

How genuineness of handwriting proved

Section 22.

How genuineness of handwriting proved . — The handwriting of a person may be proved by any witness who believes it to be the handwriting of such person because he has seen the person write, or has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge. (23a)

Public documents as evidence

Section 23.

Public documents as evidence . — Documents consisting of entries in public records made in the performance of a duty by a public officer are prima facie evidence of the facts therein stated. All other public documents are evidence, even against a third person, of the fact which gave rise to their execution and of the date of the latter. (24a)

Proof of official record

Section 24.

Proof of official record . — The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office. (25a)

What attestation of copy must state

Section 25.

What attestation of copy must state . — Whenever a copy of a document or record is attested for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court. (26a)

Irremovability of public record

Section 26.

Irremovability of public record . — Any public record, an official copy of which is admissible in evidence, must not be removed from the office in which it is kept, except upon order of a court where the inspection of the record is essential to the just determination of a pending case. (27a)

Public record of a private document

Section 27.

Public record of a private document . — An authorized public record of a private document may be proved by the original record, or by a copy thereof, attested by the legal custodian of the record, with an appropriate certificate that such officer has the custody. (28a)

Proof of lack of record

Section 28.

Proof of lack of record . — A written statement signed by an officer having the custody of an official record or by his deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry. (29)

How judicial record impeached

Section 29.

How judicial record impeached . — Any judicial record may be impeached by evidence of: (a) want of jurisdiction in the court or judicial officer, (b) collusion between the parties, or (c) fraud in the party offering the record, in respect to the proceedings. (30a)

Proof of notarial documents

Section 30.

Proof of notarial documents . — Every instrument duly acknowledged or proved and certified as provided by law, may be presented in evidence without further proof, the certificate of acknowledgment being prima facie evidence of the execution of the instrument or document involved. (31a)

Alteration in document, how to explain

Section 31.

Alteration in document, how to explain . — The party producing a document as genuine which has been altered and appears to have been altered after its execution, in a part material to the question in dispute, must account for the alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or was otherwise properly or innocent made, or that the alteration did not change the meaning or language of the instrument. If he fails to do that, the document shall not be admissible in evidence. (32a)

Seal

Section 32.

Seal . — There shall be no difference between sealed and unsealed private documents insofar as their admissibility as evidence is concerned. (33a)

Documentary evidence in an unofficial language

Section 33.

Documentary evidence in an unofficial language . — Documents written in an unofficial language shall not be admitted as evidence, unless accompanied with a translation into English or Filipino. To avoid interruption of proceedings, parties or their attorneys are directed to have such translation prepared before trial. (34a)

C. OFFER AND OBJECTION

Offer of evidence

Section 34.

Offer of evidence . — The court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified. (35)

When to make offer

Section 35.

When to make offer . — As regards the testimony of a witness, the offer must be made at the time the witness is called to testify.

Documentary and object evidence shall be offered after the presentation of a party's testimonial evidence. Such offer shall be done orally unless allowed by the court to be done in writing. (n)

Objection

Section 36.

Objection . — Objection to evidence offered orally must be made immediately after the offer is made.

Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefor shall become reasonably apparent.

An offer of evidence in writing shall be objected to within three (3) days after notice of the unless a different period is allowed by the court.

In any case, the grounds for the objections must be specified. (36a)

When repetition of objection unnecessary

Section 37.

When repetition of objection unnecessary . — When it becomes reasonably apparent in the course of the examination of a witness that the question being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for the adverse party to record his continuing objection to such class of questions. (37a)

Ruling

Section 38.

Ruling . — The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling.

The reason for sustaining or overruling an objection need not be stated. However, if the objection is based on two or more grounds, a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon. (38a)

Striking out answer

Section 39.

Striking out answer . — Should a witness answer the question before the adverse party had the opportunity to voice fully its objection to the same, and such objection is found to be meritorious, the court shall sustain the objection and order the answer given to be stricken off the record.

On proper motion, the court may also order the striking out of answers which are incompetent, irrelevant, or otherwise improper. (n)

Tender of excluded evidence

Section 40.

Tender of excluded evidence . — If documents or things offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record. If the evidence excluded is oral, the offeror may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony. (n)

RULE 133

Weight and Sufficiency of Evidence

Preponderance of evidence, how determined

Section 1.

Preponderance of evidence, how determined . — In civil cases, the party having burden of proof must establish his case by a preponderance of evidence. In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which there are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of witnesses, though the preponderance is not necessarily with the greater number. (1a)

Proof beyond reasonable doubt

Section 2.

Proof beyond reasonable doubt . — In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainly. Moral certainly only is required, or that degree of proof which produces conviction in an unprejudiced mind. (2a)

Extrajudicial confession, not sufficient ground for conviction

Section 3.

Extrajudicial confession, not sufficient ground for conviction . — An extrajudicial confession made by an accused, shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti . (3)

Circumstantial evidence, when sufficient

Section 4.

Circumstantial evidence, when sufficient . — Circumstantial evidence is sufficient for conviction if:

(a) There is more than one circumstances;

(b) The facts from which the inferences are derived are proven; and

(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. (5)

Substantial evidence

Section 5.

Substantial evidence . — In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. (n)

Power of the court to stop further evidence

Section 6.

Power of the court to stop further evidence . — The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. But this power should be exercised with caution. (6)

Evidence on motion

Section 7.

Evidence on motion . — When a motion is based on facts not appearing of record the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. (7)

RULE 134

1 Perpetuation of Testimony

Petition

Section 1.

Petition . — A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines, any file a verified petition in the court of the province of the residence of any expected adverse party.

Contents of petition

Section 2.

Contents of petition . — The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines by is presently unable to bring it or cause it to be brought; (b) the subject matter of the expected action and his interest therein; (c) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it; (d) the names of a description of the persons he expects will be adverse parties and their addresses so far as known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony.

Notice and service

Section 3.

Notice and service . — The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of a petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty (20) days before the date of hearing the notice shall be served in the manner provided for service of summons.

Order of examination

Section 4.

Order of examination . — If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose deposition may be taken and specifying the subject matter of the examination, and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with Rule 24 before the hearing.

Reference to court

Section 5.

Reference to court . — For the purpose of applying Rule 24 to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

Use of deposition

Section 6.

Use of deposition . — If a deposition to perpetuate testimony is taken under this rule, or if, although not so taken, it would be admissible in evidence, it may be used in any action involving the same subject matter subsequently brought in accordance with the provisions of Sections 4 and 5 of Rule 24.

Depositions pending appeal

Section 7.

Depositions pending appeal . — If an appeal has been taken from a judgment of the Regional Trial Court or before the taking of an appeal if the time therefor has not expired, the Regional Trial Court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court. In such case the party who desires to perpetuate the testimony may make a motion in the said Regional Trial Court for leave to take the depositions, upon the same notice and service thereof as if the action was pending therein. The motion shall show (a) the name and the addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each; and (b) the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the Regional Trial Court. (7a)

Footnote

This rule will be transposed to Part 1 of the Rules of Court on Deposition and Discovery.