RULES OF CIVIL PROCEDURE RULE 1 Sec. 2. In what courts applicable.

These Rules shall apply in all the courts, except as otherwise provided by the Supreme Court. Sec. 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 seeks to establish a status, a right, or a particular fact. Civil action one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong Criminal action one by which the State prosecutes a person for an act or omission punishable by law. Special proceeding a remedy by which a party seeks to establish a status, a right, or a particular fact Special civil actions are called so because special rules govern. Sec. 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. Cases where the Rules apply only by analogy or suppletorily 1. election cases 2. land registration 3. cadastral

4. naturalization and 5. insolvency proceedings, and 6. other cases not herein provided for Sec. 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 with regard 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.

A.

Ordinary Civil Actions (Rules 2-5)

Kinds of actions
Real action the subject matter of the action is real property (e.g. foreclosure of real mortgage) Personal action the subject matter of the action is personal property (e.g. foreclosure of chattel mortgage) Action in personam the decision is enforceable only against the parties Action in rem the decision is enforceable against the whole world Action quasi in rem A real action may still be an action in personam.

Rule 2
Section 1. Ordinary civil actions, basis of. Every ordinary civil action must be based on a cause of action. Sec. 2. Cause of action, defined. A cause of action is the act or omission by which a party violates a right of another. CAUSE OF ACTION act or omission by which a party violates a right of another. Sec. 3. One suit for a single cause of action. A party may not institute more than one suit for a single cause of action. Sec. 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 any one is available as a ground for the dismissal of the others. A plaintiff can not split a single cause of action, but he may join several causes of action against the same defendant, subject to the following rules:

1. must comply with the rules on joinder of parties 2. joinder shall not include special civil actions or actions governed by special rules (e.g. summary procedure) 3. where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided a. one of the causes of action falls within the jurisdiction of the RTC court and b. the venue lies within such RTC 4. 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. RULE 3 PARTIES TO CIVIL ACTIONS 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. Sec. 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. Sec. 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. Sec. 4. Spouses as parties. Husband and wife shall sue or be sued jointly, except as provided by law. Sec. 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.

Rule on 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 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. Misjoinder of causes of action is not a ground to dismiss a case. The proper remedy is to severe the other cause of action and to try separately. [Rule 6] Sec. 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. Indispensable parties parties in interest without whom no final determination can be had of an action. Failure to implead an indispensable party is ground to dismiss the case. Necessary party 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. Failure to implead a necessary party is a waiver of the claim against such party. It is not ground to dismiss the case. [Sec. 8] Sec. 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. Sec. 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. Sec. 11. Misjoinder and non-joinder 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. The non-joinder of a party which does not cause dismissal refers to necessary parties. Non-joinder of an indispensable party is a ground to dismiss the action. Sec. 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. Requisites of a Class Suit 1. the subject matter of the controversy is one of common or general interest 2. to many persons so numerous it is impracticable to join all as parties 3. a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned sues or defends for the benefit of all 4. Any party in interest shall have the right to intervene to protect his individual interest.

Sec. 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. Sec. 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. Sec. 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. If the defendant dies before a case may be filed

1. for recovery of sum of money file a claim before the estate proceedings, where the creditor will have to present evidence on the validity of his claim; because the amount sought to be collected is definite 2. for recovery of property file a separate case against the executor/administrator; because the amount of the claim is unliquidated 3. for damages for injury file a separate case before the courts. If the defendant dies 1. before a case is filed 1. for recovery of a sum of money file a claim before the estate proceedings, where the creditor will have to present evidence on the validity of his claim 2. real action and action for damages file a separate case against the executor/administrator 3. after a case is filed but before judgment 1. for recovery of a sum of money case shall not be dismissed but shall instead be allowed to continue until entry of final judgment; the judgment is then filed as a claim in the estate proceedings; decedents legal representative should be substituted for the decedent. 2. real action and action for damages 1) heirs of the deceased may be allowed to be substituted, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. 2) If no legal representative appears, 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. Priority to in the appointment to a) b) c) Surviving spouse, or next of kin one or more of the principal creditors, if competent and willing to serve other person as the court may select.

3) own claim

in case conflict of interest where a creditor being appointed administrator

is to appoint a special administrator where the creditor appointed will have to file his

1. after judgment but before execution 1. for sum of money present the writ of execution as a claim before the probate court 2. real action and action for damages substitute the defendant with his administrator or executor, and enforce the writ against him without going to the probate court 3. after levy on execution (applies only to recovery of a sum of money) continue with the auction sale and the officer making the sale shall deliver the proceeds to the plaintiff, and account to the executor or administrator for any excess.

RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS Rules on summary procedure are applicable in the following cases before the MTCs 1. Civil cases 1. forcible entry and unlawful detainer, regardless of amount of damages (compensation for use of property) or unpaid rentals 2. except probate proceedings, civil cases where the total amount of the plaintiffs claim does not exceed P10,000 exclusive of interest and costs. 3. Criminal cases 1. traffic violations 2. rental law violations 3. municipal or city ordinances violations 4. damage to property through criminal negligence, where the imposable fine does not exceed P10,000 5. penalty not exceeding 6-month imprisonment, or a P1,000 fine Exceptions: 1. civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure

2. criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure. Recall that criminal cases that should undergo reconciliation proceedings under the Katarungang Pambaranggay are offenses punishable by not more than 1 year or a fine not over P5,000 Therefore nearly all summary procedure criminal cases must go through the Katarungang Pambaraggay. Sec. 2. Determination of applicability Upon filing of the initiatory pleading, the court shall declare whether the case is governed by the rule on summary procedure. Civil Cases Procedure in summary civil cases 1. complaint is filed 2. court declares it falls under summary procedure 3. may dismiss the case motu proprio; if not, issue summons 4. defendant files his answer within 10 days (defenses and claims not pleaded are waived, except lack of jurisdiction over subject matter) 5. answer to counterclaims or cross-claims within 10 days from service of the answer 6. preliminary conference not later than 30 days after the last answer is filed; absence of 1. plaintiff cause for the dismissal of his complaint; defendant entitled to judgment on his counterclaim as if plaintiff did not file an answer to the counterclaim; all cross-claims dismissed 2. sole defendant plaintiff shall be entitled to judgment as if defendant did not file an answer 3. 1 or some of many defendants sued under a common cause of action who had pleaded a common defense no adverse effect on the defense 4. the court issues record of preliminary conference, within 5 days after the termination of the preliminary conference, covering 1. terms of any amicable settlement 2. stipulations or admissions entered into by the parties

3. Whether, on the basis of the pleadings and the stipulations and admissions made by the parties, judgment may be rendered without the need of further proceedings, in which event the judgment shall be rendered within 30 days from issuance of the order 4. material facts which remain controverted 5. matters intended to expedite the disposition of the case. 5. parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position papers, within 10 days issuance of record of preliminary conference 6. within 30 days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court either 1. renders judgment 2. requires clarification of certain material facts, within 10 days from receipt of said order; then render judgment within 15 days from receipt of the last clarificatory affidavits, or the expiration of the period for filing the same A. Pleadings allowed Allowable pleadings (must all be verified) 1. complaint 2. compulsory counterclaims 3. cross-claims in the answer 4. answer Note that permissive counterclaims and 3rd party complaints are not allowed. Sec. 5. Answer. - Within ten (10) days from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or cross-claims shall be filed and served within ten (10) days from service of the answer in which they are pleaded. Sec. 6. Effect of failure to answer. Failure of the defendant to answer the court shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for; the

court may in its discretion reduce the amount of damages and attorneys fees claimed for being excessive or otherwise unconscionable. Note that when the defendant fails to answer in summary procedure, the court may motu propio rule for the plaintiff. In ordinary civil actions, the court can do so only upon motion by the plaintiff to declare the defendant in default and after plaintiff supports his claim with evidence. Sec. 7. Preliminary conference; appearance of parties. - Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The rules on pretrial in ordinary cases shall be applicable to the preliminary conference unless inconsistent with the provisions of this Rule. The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6 hereof. All cross-claims shall be dismissed. If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance with Section 6 hereof. This Rule shall not apply where one of two or more defendants sued under a common cause of action who had pleaded a common defense shall appear at the preliminary conference. * Effect of failure to appear at the preliminary conference by 1. the plaintiff cause for the dismissal of his complaint; defendant who appears entitled to judgment on his counterclaim as may be warranted by the facts alleged. All cross-claims shall be dismissed. 2. the sole defendant plaintiff entitled to judgment as may be warranted by the facts alleged in his complaint 3. one of many defendants sued under a common cause of action who had pleaded a common defense case continues Sec. 8. Record of preliminary conference. - Within five (5) days after the termination of the preliminary conference, the court shall issue an order stating the matters taken up therein, including but not limited to: a) Whether the parties have arrived at an amicable settlement, and if so, the terms thereof; b) The stipulations or admissions entered into by the parties;.

c)

Whether, on the basis of the pleadings and the stipulations and admissions made

by the parties, judgment may be rendered without the need of further proceedings, in which event the judgment shall be rendered within thirty (30) days from issuance of the order; d) e) A clear specification of material facts which remain controverted; and Such other matters intended to expedite the disposition of the case.

Sec. 9. Submission of affidavits and position papers. - Within ten (10) days from receipt of the order mentioned in the next preceding section, the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position papers setting forth the law and the facts relied upon by them. Sec. 10. Rendition of judgment. - Within thirty (30) days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment. However should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and require the parties to submit affidavits or other evidence on the said matters within ten (10) days from receipt of said order. Judgment shall be rendered within fifteen (15) days after the receipt of the last clarificatory affidavits, or the expiration of the period for filing the same. The court shall not resort to the clarificatory procedure to gain time for the rendition of the judgment. Criminal Cases Summary Procedure in Criminal cases 1. Initiated either by complaint or information (only by information, in Metro Manila and Chartered cities, except when the offense cannot be prosecuted de oficio) 2. As many copies of the information or complaint, with affidavits of complainant and his witnesses, as there are accused plus 2, within 5 days from filing; otherwise the case may be dismissed 3. Court declares if the case is covered by the rule on summary procedure

4. If commenced by complaint and patently without basis or merit, court may dismiss the case; otherwise, court requires accused to submit his counteraffidavit and the affidavits of his witnesses and any evidence in his behalf 5. Filing and service on prosecution of defenses evidence within 10 days from receipt of the order 6. prosecution may file reply affidavits within 10 days after receipt of the counter-affidavits of the defense. 7. Court either dismisses the case, or set arraignment and trial 8. If the accused is in custody for the crime charged, he shall be immediately arraigned and if he enters a plea of guilty, he shall forthwith be sentenced. 9. Preliminary conference 1. no admission by the accused shall be used against him unless reduced to writing and signed by the accused and his counsel 2. parties must manifest intention to present additional affidavits or counter-affidavits as part of his direct evidence, and it should be allowed by the court; filed and served within 3 days after the termination of the preliminary conference; accused may file and serve his counter-affidavits within 3 days from such service. 3. Trial the affidavits submitted by the parties shall constitute the direct testimonies, subject to cross-examination, redirect or recross examination; failure of affiant to testify will render his affidavit incompetent for the offeror, but admissible for the opposing party; witnesses must submit affidavits before testifying, except on rebuttal or surrebuttal 4. Accused shall not be arrested, except for failure to appear when required; Accused may be released either on bail or recognizance 5. the court renders judgment within 30 days after the termination of trial. Note that preliminary conference is required in both civil and criminal cases. In criminal cases, there is hearing and actual trial. In civil cases, only the pleadings, affidavit, evidence, and position papers are considered. There is no hearing or trial in summary civil cases. Only those who have executed affidavits may testify on the stand, except rebuttal and sur-rebuttal witnesses.

Sec. 11. How commenced. - The filing of criminal cases falling within the scope of this Rule shall be either by complaint or by information: Provided, however, that in Metropolitan Manila and in Chartered Cities. such cases shall be commenced only by information, except when the offense cannot be prosecuted de oficio. The complaint or information shall be accompanied by the affidavits of the complainant and of his witnesses in such number of copies as there are accused plus two (2) copies for the courts files. If this requirement is not complied with within five (5) days from date of filing, the case may be dismissed. Sec. 12. Duty of court. (a) If commenced by compliant. - On the basis of the compliant and the affidavits and other evidence accompanying the same, the court may dismiss the case outright for being patently without basis or merit and order the release of the accused if in custody. (b) If commenced by information. - When the case is commenced by information, or is not dismissed pursuant to the next preceding paragraph, the court shall issue an order which, together with copies of the affidavits and other evidence submitted by the prosecution, shall require the accused to submit his counter-affidavit and the affidavits of his witnesses as well as any evidence in his behalf, serving copies thereof on the complainant or prosecutor not later than ten (10) days from receipt of said order. The prosecution may file reply affidavits within ten (10) days after receipt of the counteraffidavits of the defense. * Ground for motu propio dismissal of criminal case covered by summary procedure initiated by complaint patently without basis or merit. The court can not dismiss a criminal case outright if it is commenced by information. Sec. 13. Arraignment and trial. - Should the court, upon a consideration of the complaint or information and the affidavits submitted by both parties, find no cause or ground to hold the accused for trial, it shall order the dismissal of the case; otherwise, the court shall set the case for arraignment and trial. If the accused is in custody for the crime charged, he shall be immediately arraigned and if he enters a plea of guilty, he shall forthwith be sentenced. Sec. 14. Preliminary conference. - Before conducting the trial, the court shall call the parties to a preliminary conference during which a stipulation of facts may be entered into, or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or such other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case. However, no admission by the accused shall be used against him unless reduced to writing and signed by the accused and his counsel. A refusal or failure to stipulate shall not prejudice the accused.

Sec. 15. Procedure of trial. - At the trial, the affidavits submitted by the parties shall constitute the direct testimonies of the witnesses who executed the same. Witnesses who testified may be subjected to cross-examination, redirect or re-cross examination. Should the affiant fail to testify, his affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize the same for any admissible purpose. Except on rebuttal or surrebuttal, no witness shall be allowed to testify unless his affidavit was previously submitted to the court in accordance with Section 12 hereof. However, should a party desire to present additional affidavits or counter-affidavits as part of his direct evidence, he shall so manifest during the preliminary conference, stating the purpose thereof. If allowed by the court, the additional affidavits of the prosecution or the counter-affidavits of the defense shall be submitted to the court and served on the adverse party not later than three (3) days after the termination of the preliminary conference. If the additional affidavits are presented by the prosecution, the accused may file his counter-affidavits and serve the same on the prosecution within three (3) days from such service. Sec. 16. Arrest of accused. - The court shall not order the arrest of the accused except for failure to appear whenever required. Release of the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court. Sec. 17. Judgment. - Where a trial has been conducted, the court shall promulgate the judgment not later than thirty (30) days after the termination of trial. Sec. 18. Referral to Lupon. - Cases requiring referral to the Lupon for conciliation under the provisions of Presidential Decree No. 1508 where there is no showing of compliance with such requirement, shall be dismissed without prejudice and may be revived only after such requirement shall have been complied with. This provision shall not apply to criminal cases where the accused was arrested without a warrant. Failure to comply with Katarungang Pambaranggay when required is ground for dismissal of the complaint, unless the accused was arrested without a warrant. * Prohibited pleadings and motions (Section 19): 1. Motion to dismiss the complaint or to quash the complaint or information, except on the ground of lack of jurisdiction over the subject matter, or failure to comply with the Katarungang Pambaranggay 2. Motion for a bill of particulars 3. MNT, or MfR, or motion for opening of trial 4. Petition for relief from judgment

5. Motion for extension of time to file pleadings, affidavits or any other paper 6. Memoranda 7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court 8. Motion to declare the defendant in default 9. Dilatory motions for postponement 10. Reply 11. Third party complaints 12. Interventions.

Sec. 20. Affidavits. - The affidavits required to be submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence, and shall show their competence to testify to the matters stated therein. A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action, and shall be cause to expunge the inadmissible affidavit or portion thereof from the record. * Special requirement for affidavits under summary procedure: must state only admissible evidence and show their competence to testify on such matters. Otherwise, the offering party or counsel may be subject to disciplinary action and the inadmissible portion is expunged. Sec. 21. Appeal. - The judgment or final order shall be appealable to the appropriate regional trial court which shall decide the same in accordance with Section 22 of Batas Pambansa Blg. 129. The decision of the regional trial court in civil cases governed by this Rule, including forcible entry and unlawful detainer, shall be immediately executory, without prejudice to a further appeal that may be taken therefrom. Section 10 of Rule 70 (of the 1964 Rules of Court) shall be deemed repealed.

Summary decisions are appealable to the RTC. RTC decision in ejectment cases are immediately executory.