RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS SECTION 1. Answer to the complaint.

The defendant shall file his answer to the complaint within fifteen (15) days after ser ice of s!mmons" !nless a different period is fi#ed $y the co!rt. (1a SEC. %. Answer of a defendant fore !n "r #ate $%r d &a' entity.&here the defendant is a forei'n pri ate (!ridical entity and ser ice of s!mmons is made on the 'o ernment official desi'nated $y law to recei e the same" the answer shall $e filed within thirty ()*) days after receipt of s!mmons $y s!ch entity. (%a) Note: -In case of nonresident defendant on whom extraterritorial service of summons is made, the period to answer is 60 days. -The granting of additional time depends on discretion of court ut they cannot shorten the time -!iscretion of court to admit pleadings after reglementary period had expired does not extend to steps necessary to perfect an appeal -a motion for extension of time to file an answer may e heard ex parte -an order allowing late answer is interlocutory and not appeala le "teneo: "nswer to a complaint #. $ithin #% days after service of summons, &N'()) a different period is fixed y the court* +. In case the defendant is a foreign private ,uridical entity* a. if it has a resident agent- within #%days after service of summons to him* . if it has no resident agent, ut it hasan agent or officer in the -hilippines . within #% days after service of summons to said agent or officer* c. it has no resident agent nor agent nor officer . in which case service of summons is to e made on the proper government office which will then send a copy y registered mail to the home office of the foreign private corporation . within /0 days after receipt of summons y the home office of the foreign private entity. /. In case of service of summons y pu lication . within the time specified in the order granting leave to serve summons y pu lication, which shall N0T e less than 60days after notice 1rule #2, )ection #%3 2. in case of a non-resident defendant on whom extraterritorial service of summons is made, the period to answer should e at least 60days.The court may extend the time to file the pleadings ut may not shorten them

N0T a matter of right4within #0 days counted from notice of the court order admitting the same. NOTE: The rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third 1fourth, etc.- party complaint, and amended complaint-in-intervention3If no new answer is filed, answer to original pleading shall e deemed as answer to the amended pleading.

SEC. .. Answer to &o%nter&'a ( or &ross+&'a () *+ co!nterclaim or cross-claim m!st $e answered within ten (1*) days from ser ice. SEC. 5. Answer to th rd ,fo%rth- et&).*"art/ &o("'a nt)*) The time to answer a third (fo!rth" etc.)party complaint shall $e 'o erned $y the same r!le as the answer to the complaint. (5a) Note: -third part defendant shall file his answer alleging therein his defenses and his counterclaims and cross claims against plaintiff and original defendant and may assert all defenses the original defendant has against plaintiff. -/-! is served with summons li5e the original defendant hence he has #%, /0 or 60 days to file an answer as the case may e

SEC. /. Re"'/)*+ reply may $e filed within ten (1*) days from ser ice of the pleadin' responded to. (/) --The section used the word 6"7 ecause it is optional for the party to file reply and his failure to do so, all new matters in the pleading are deemed controverted and if he elects to reply he must file within given period. -$here the last day falls on reglementary period falls on )unday or 8oliday, the pleading may e filed or re9uired act e done on succeeding usiness day 1)ec/ :ule #/3 -In the computation of reglementary period, if it is interrupted y filing of pleading the date when pleading is filed and date of receipt of ,udgment are excluded. (x: $hen 6: files on #%th day, that day should e excluded and the party still has one day to perfect an appeal. The filing of said motion suspends the running of period unless said motion is pro forma. $here thereafter, an order is received denying such motion, the date of such receipt is not considered in computation. SEC. 0. Answer to s%""'e(enta' &o("'a nt)* + s!pplemental complaint may $e answered within ten (1*) days from notice of the order admittin' the same" !nless a different period is fi#ed $y the co!rt. The answer to the complaint shall ser e as the answer to the s!pplemental complaint if no new or s!pplemental answer is filed. (a) --In supplemental complaint, the court may fix a different period in answering such in lieu of reglementary #0 day period and in filing the supplemental complaint re9uires the leave of court . In amended answer court cannot fic a diff period --!ifference is that in amended complaint, facts sought to e incorporated are 5nown ut merely omitted y pleader and in all pro a ility were li5ewise 5nown to the defending party. In supplemental answer, see5s the introduction of facts or events which occurred after the filing of original complaint and defending party may need a longer period to ascertain and respond to allegations.

SEC. ). Answer to a(ended &o("'a nt)* &here the plaintiff files an amended complaint as a matter of ri'ht" the defendant shall answer the same within fifteen (15) days after $ein' ser edwith a copy thereof. &here its filin' is not a matter of ri'ht" the defendant shall answer the amended complaint within ten (1*) days from notice of the Order admittin' the same. +n answer earlier filed may ser e as the answer to the amended complaint" if no new answer is filed. This ,!le shall apply to the answer to an amended co!nterclaim amended cross-claim" amended third (fo!rth" etc.) party complaint" and amended complaint-in-inter ention. ()a) #. In the filing of an amended complaint is a matter of right4within #% days from service of amended complaint+. If the filing of an amended complaint is

SEC. 1. E0 st n! &o%nter&'a ( or cross-claim.--+ comp!lsory" co!nterclaim or a cross-claim that a defendin' party has at the time he files his answer shall $e contained therein. (1a" ,/)

within the period granted y the :ules 1:ule ##3 for the filing of a responsive pleading. The motion shall point out: #. The defects complained of: +. The paragraphs wherein they are contained* and /. The details desired.

SEC. 2. 1o%nter&'a ( or &ross+&'a ( ar s n! after answer)* + co!nterclaim or a cross-claim which either mat!red or was ac3!ired $y a party after ser in' his pleadin' may" with the permission of the co!rt" $e presented as a co!nterclaim or a cross-claim $y s!pplemental pleadin' $efore (!d'ment. (2" ,/)

SEC. %. A&t on 4/ the co!rt.4pon the filin' of the motion" the cler5 of co!rt m!st immediately $rin' it to the attention of the co!rt which may either deny or 'rant it o!tri'ht" or allow the parties the opport!nity to $e heard. (n) The court may either:

SEC. 1*. O( tted &o%nter&'a ( or &ross+&'a ()* &hen a pleader fails to set !p a co!nterclaim or a cross-claim thro!'h o ersi'ht" inad ertence" or e#c!sa$le ne'lect" or when (!stice re3!ires" he may" $y lea e of co!rt" set !p the co!nterclaim or cross-claim $y amendment $efore (!d'ment. ()a" ,2)

#. !eny: or +. <rant it outright: or /. "llow the parties the opportunity to eheard

SEC. 11. E0tens on of t (e to "'ead )* 4pon motion and on s!ch terms as may $e (!st" the co!rt may e#tend the time to plead pro ided in these ,!les. The co!rt may also" !pon li5e terms" allow an answer or other pleadin' to $e filed after the time fi#ed $y these ,!les. (0) :(;&I)IT() #. There must e a motion* +. $ith service of such motion to other party* and /. 0n such terms as may e ,ust. RULE 12 : 6I77 O8 9+,TIC47+,S SECTION 1. When a""' ed for3 "%r"ose.6efore respondin' to a pleadin'" a party may mo e for a definite statement or for a $ill of partic!lars of any matter which is not a erred with s!fficient definiteness or partic!larity to ena$le him properly to prepare his responsi e pleadin'. If the pleadin' is a reply" the motion m!st $e filed within ten (1*) days from ser ice thereof. S!ch motion shall point o!t the defects complained of" the para'raphs wherein they are contained" and the details desired. (1a) --The purpose of ill of particulars is to ena le the defending party to properly prepare his responsive pleading. --<ranting of ill of particulars lies within the discretion of the court and its ruling will not e reversed unless there was palpa le a use of discretion or it was clearly erroneous order. --=ourt may order plaintiff to su mit ill of particulars when it appearing that the allegations on the cause of action were in nature of legal conclusions which should have een clarified y ultimate facts. +teneo: >I'' 0? -":TI=&'":) . " more definite statement of any matter which is not averred with sufficient definiteness or particularity. -&:-0)(: to aid in the preparation of a responsive pleading. <aleon v. <aleon 60 )=:" +/2 1#@A63 "n action cannot e dismissed on the ground that the complaint is vague or indefinite. The remedy of the defendant is to move for a ill of particulars or avail of the proper mode of discovery. The motion for ill of particulars shall e filed efore responding to a pleading. 8ence, it must e filed

SEC. ). 1o("' an&e w th order)*If the motion is 'ranted" either in whole or in part" the compliance therewith m!st $e effected within ten (1*) days from notice of the order" !nless a different period is fi#ed $y the co!rt. The $ill of partic!lars or a more definite statement ordered $y the co!rt may $e filed either in a separate or in an amended pleadin'" ser in' a copy thereof on the ad erse party. (n) --)ec / is a new provision intended to clarify how a ill of particulars may e filed through either a separate or amended pleading. The motion for ill of particulars may e granted in whole or part as not all allegations 9uestioned y movant are necessarily so am iguous as to re9uire clarification. E88ECTS O8 ;OTION #. If the motion is granted, in whole or in part, the movant can wait until the ill of particulars is served on him y the opposing party and then he will have the alance of the reglementary period within which to file his responsivepleading* +. If his motion is denied, he will still have such alance of the reglementary period to file his responsive pleading* counted from service of the order denying his motion. NOTE: If either case, he shall have not less than %days to file his responsive pleading. The ill of particulars may e filed either in a separator in an amended pleading, serving a copy thereof on the adverse party. It ecomes part of the pleading sought to e clarified

SEC. .. Effe&t of non+&o("' an&e)*If the order is not o$eyed" or in case of ins!fficient compliance therewith" the co!rt may order the stri5in' o!t of the pleadin' or the portions thereof to which the order was directed or ma5e s!ch other order as it deems (!st. (1<c=a) (ffect of non-compliance: #. If the order is not o eyed or in case of insufficient compliance therewith, the court: ". may order the stri5ing out of the pleading or the portion thereof to which the order is directed* or >. ma5es such order as it may deem ,ust. +. If the plaintiff fails to o ey, his complaint may e dismissed with pre,udice &N'()) otherwise ordered y the court* 1:ule #+, )ec. 2* :ule #A, )ection /3 /. If defendant fails to o ey, hi answer will e stric5en off and his counterclaim dismissed, and he will e declared in default upon motion of the plaintiff. 1:ule #+, )ection 2* :ule #A, )ection2* :ule @, )ection /

SEC. 5. Sta/ of "er od to f 'e res"ons #e "'ead n!*+fter ser ice of the $ill of partic!lars or of a more definite pleadin'" or after notice of denial of his motion" the mo in' party may file his responsi e pleadin' within the period to which he was entitled at the time of filin' his motion" which shall not $e less than fi e (5) days in any e ent. (1<$=a) SEC /. 5 '' a "art of "'ead n!)*+ $ill of partic!lars $ecomes part of the pleadin' for which it is intended. Note: 6otion for ill of particulars must e filed within the reglementary period for the filing of responsive pleading sought to e clarified. This contemplates pleadings re9uired to e answered such as default or implied admissions of facts not responded to.

Note: -Notice to a party who is duly represented y a counsel is a nullity unless service thereof on the party himself was ordered y court or the technical defect was waived -$here a party is represented y more than one counsel of record, service of notice on any of them is sufficient. -In criminal cases, notice to prosecution is made on fiscal and private prosecutor is deemed constructively notified thereof

RULE 16: FILING AND SERVI1E OF PLEADINGS7UDG8ENTS AND OTHER PAPERS SECTION 1. 1o#era!e .This ,!le shall 'o ern the filin' of all pleadin's and other papers" as well as the ser ice thereof" e#cept those for which a different mode of ser ice is prescri$ed. (n) Notice given to a party who is represented y counsel is a nullity, unless service thereof on the party himself was ordered y the court or the technical defect was waived. $here party is represented y more than one counsel of record, service of notice on any of the latter is sufficient

SEC. ). 8anner of f ' n! . The filin' of

SEC. %. F ' n! and ser# &e- defined.t18ilin' is the act of presentin' the pleadin' or other paper to the cler5 of co!rt. Ser ice is the act of pro idin' a party with a copy of the pleadin' or paper concerned. If any party has appeared $y co!nsel" ser ice !pon him shall $e made !pon his co!nsel or one of them" !nless ser ice !pon the party himself is ordered $y the co!rt. &here one co!nsel appears for se eral parties" he shall only $e entitled to one copy of any paper ser ed !pon him $y the opposite side. (%a)

pleadin's" appearances" motions" notices" orders" (!d'ments and all other papers shall $e made $y presentin' the ori'inal copies thereof" plainly indicated as s!ch" personally to the cler5 of co!rt or $y sendin' them $y re'istered mail. In the first case" the cler5 of co!rt shall endorse on the pleadin' the date and ho!r of filin'. In the second case" the date of the mailin' of motions" pleadin's" or any other papers or payments or deposits" as shown $y the post office stamp on the en elope or the re'istry receipt" shall $e considered as the date of their filin'" payment" or deposit in co!rt. The en elope shall $e attached to the record of the case. ?I'IN< . act of presenting the pleasing or other paper to the cler5 of court 6anner of filing #. -ersonal )ervice* or +. :egistered mail

?iling y mail should e through the registry service which is made y deposit of the pleading in the post office, and not through other means of transmission. If registry service is not availa le in the locality of either sender or addressee, service may e done y ordinary mail

e enin'" at the party>s or co!nsel>s residence" if 5nown" with a person of s!fficient a'e and discretion then residin' therein. (.a) This section includes where counsel has no office, and not only where his office is un5nown or no person in charge thereof. &nder such circumstance, service may e made not only at the residence of the party he represents ut also at counselDs residence. If not served on either party, or counsel personally, service should e made on person of sufficient discretion and of sufficient age who must e residing therein. PERSONAL SERVICE - "ctual delivery of the processes to him 1includes service at the residence or his attorney3

SEC. 0. Ser# &e 4/ (a '.Ser ice $y re'istered mail shall $e made $y depositin' the copy in the office" in a sealed en elope" plainly addressed to the party or his co!nsel at his office" if 5nown" otherwise at his residence" if 5nown" with posta'e f!lly prepaid" and with instr!ctions to the postmaster to ret!rn the mail to the sender after ten (1*) days if !ndeli ered. If no re'istry ser ice is a aila$le in the locality of either the sender or the addressee" ser ice may $e done $y ordinary mail. (5a) SEC. .. Pa"ers re9% red to 4e f 'ed and ser ed. E ery (!d'ment" resol!tion" order" pleadin' s!$se3!ent to the complaint" written motion" notice" appearance" demand" offer of (!d'ment or similar papers shall $e filed with the co!rt" and ser ed !pon the parties affected. (%a) #. -leading su se9uent to the complaint +. "ppearance* /. $ritten 6otion* 2. Notice* %. 0rder* 6. Budgment* A. !emand* C. 0ffer of ,udgment* @. :esolution* or #0. )imilar papers -apers su se9uent to complaint must e filed with court and served upon parties. -leadings su se9uent to original complaint and written motions should first e served on the parties efore they are filed with court. This simply means that defendantDs answer canDt e filed at once to the SEC. 5. 8odes of ser ice.Ser ice of pleadin's" motions" notices" orders" (!d'ments and other papers shall $e made either personally or $y mail. ()a) SEC. 2. Ser# &e of $%d!(ents- f na' orders- or reso'%t ons)*?!d'ments" final orders or resol!tions shall $e ser ed either personally or $y re'istered mail. &hen a party s!mmoned $y p!$lication has failed to appear in the action" (!d'ments" final orders or resol!tions a'ainst him shall $e ser ed !pon him also $y p!$lication at the e#pense of the pre ailin' party. (0a) )ervice y pu lication E only when he a sconds and defendantDs address is un5nown Note:Budgments, final orders, or final resolutions can e served only under the / modes authoriFed in this section that is personally, y registered mail or y pu lication. They cannot e served y su stituted service. --$ith respect to pu lication, the rule is that resort thereto is proper only where summons were li5ewise served y pu lication. .To avoid a surd or impractical result, only the dispositive portion or the fallo should e re9uired to e pu lished and not the entire text of the resolution or decision which will e voluminous and will entail su stantial pu lication expenses.

SEC. 1. S%4st t%ted ser# &e.If ser ice of pleadin's" motions" notices" resol!tions" orders and other papers cannot $e made !nder the two precedin' sections" the office and place of residence of the party or his co!nsel $ein' !n5nown" ser ice may $e made $y deli erin' the copy to the cler5 of co!rt" with proof of fail!re of $oth personal ser ice and ser ice $y mail. The ser ice is complete at the time of s!ch deli ery. (/a) Note: $here counsel of record has not withdrawn as such, service of ,udgment on his wife at their residence is valid personal service.

Note: "side from personal service or y mail, service of pleading may also e effected y su stituted service and ,udgments, final orders or resolutions may e served y pu lication, ut the last mode is proper only where summons on defendant had also een served y pu lication.

SEC. /. Persona' ser# &e)*Ser ice of the papers may $e made $y deli erin' personally a copy to the party or his co!nsel" or $y lea in' it in his office with his cler5 or with a person ha in' char'e thereof. If no person is fo!nd in his office" or his office is not 5nown" or he has no office" then $y lea in' the copy" $etween the ho!rs of ei'ht in the mornin' and si# in the

SEC. 1*. 1o("'eteness of ser ice.9ersonal ser ice is complete !pon act!al deli ery.

Ser ice $y ordinary mail is complete !pon the e#piration of ten (1*) days after mailin'" !nless the co!rt otherwise pro ides. Ser ice $y re'istered mail is complete !pon act!al receipt $y the addressee" or after fi e (5) days from the date he recei ed the first notice of the postmaster" whiche er date is earlier. -The rule on completeness of service y registered mail only provides for disputa le presumption and may e re utted -)ervice of notice y registered mail cannot e avoided y counselDs refusal to accept delivery after notification and notice is deemed complete regardless of such refusal to accept.

a. !elivering personally a copy to the party or his counsel* or . 'eaving a copy in counselDs office with his cler5 or with a person having charge thereof* or c. 'eaving the copy etween C a.m. and 6 p.m. at the partyDs or counselDs residence, if 5nown, with a person of sufficient age and discretion then residing therein4if no is person found in his office, or if his office is un5nown, or if he has no office. +. )(:HI=( >7 6"I' 1)(=TI0N A3If no registry service is availa le in the locality, of either sender or addressee, service may e done y ordinary mail. /. )&>)TIT&T(! )(:HI=( 1)(=TI0N C3!elivering the copy to the cler5 of court with proof of failure of oth personal and service y mail

SEC. 11. Pr or t es n (odes of ser# &e and filin' &hene er practica$le" the ser ice and filin' of pleadin's and other papers shall $e done personally. E#cept with respect to papers emanatin' from the co!rt" a resort to other modes m!st $e accompanied $y a written e#planation why the ser ice or filin' was not done personally. + iolation of this ,!le may $e ca!se to consider the paper as not filed. (n) -ersonal service is preferred and written explanation is needed why such was not ta5en )ervice y registered mail may e done if the distance from the court to the adverse party is considered.

SEC. 1). Proof of ser# &e)*9roof of personal ser ice shall consist of a written admission of the party ser ed" or the official ret!rn of the ser er" or the affida it of the party ser in'" containin' a f!ll statement of the date" place and manner of ser ice. If the ser ice is $y ordinary mail" proof thereof shall consist of an affida it of the person mailin' of facts showin' compliance with section 0 of this ,!le. If ser ice is made $y re'istered mail" proof shall $e made $y s!ch affida it and the re'istry receipt iss!ed $y the mailin' office. The re'istry ret!rn card shall $e filed immediately !pon its receipt $y the sender" or in lie! thereof of the !nclaimed letter to'ether with the certified or sworn copy of the notice 'i en $y the postmaster to the addressee. (1*a) "teneo: -roof of personal service: #. $ritten admission of the party served* or +. 0fficial return of the server* or /. "ffidavit of the party serving, containing the date, place and manner of service. -roof of service y ordinary mail: "ffidavit of the person mailing showing compliance of )ection A :ule#/* -roof of service y registered mail: #. "ffidavit of maller showing compliance of )ection A :ule #/* and +. :egistry receipt issued y the mailing office

SEC. 1%. Proof of f ' n!) *The filin' of a pleadin' or paper shall $e pro ed $y its e#istence in the record of the case. if it is not in the record" $!t is claimed to ha e $een filed personally" the filin' shall $e pro ed $y the written or stamped ac5nowled'ment of its filin' $y the cler5 of co!rt on a copy of the same@ if filed $y re'istered mail" $y the re'istry receipt and $y the affida it of the person who did the mailin'" containin' a f!ll statement of the date and place of depositin' the mail in the post office in a sealed en elope addressed to the co!rt" with posta'e f!lly prepaid" and with instr!ctions to the postmaster to ret!rn the mail to the sender after ten (1*) days if not deli ered.

Notes: $hen the service is not made personally there must e a written explanation why alternative modes of service other than personal service were resorted to, even if such explanation is y its nature is accepta le and manifest. This re9uirement is intended to emphasiFe the personal service is the rule and other modes are G-Ns "teneo: ?iling is proved y its existence in the record of the case. If it is not in the record, and* #. If filed personally: proved y the written or stamped ac5nowledgement of its filing y the cler5 of court on a copy of the same: or +. If filed y registered mall: proved y the registry receipt and the affidavit of the person who did the mailing with a full statement of: a. The date and place of depositing the mail in the post office in a sealed envelope addressed to the court* . $ith postage fully paid* and c. $ith instructions to the postmaster to return the mail to the sender after #0days if undelivered S4;;+,A O8 ;OBES O8 SE,CICE #. -(:)0N"' )(:HI=( 1)(=TI0N 63

SEC. 1.. Not &e of ' s "endens)*In an action affectin' the title or the ri'ht of possession of real property" the plaintiff and the defendant" when affirmati e relief is claimed in his answer" may record in the office of the re'istry of deeds of the pro ince in which the property is sit!ated a notice of the pendency of the action. Said notice shall contain the names of the parties and the o$(ect of the action or defense" and a description of the property in that pro ince affected there$y. Only from the time of filin' s!ch notice for record shall a p!rchaser" or enc!m$rancer of the property affected there$y" $e deemed to ha e constr!cti e notice of the pendency of the action" and only of its pendency a'ainst the parties desi'nated $y their real names. The notice of ' s "endens hereina$o e mentioned may $e cancelled only !pon order of the co!rt" after proper showin' that the notice is for the p!rpose of molestin' the ad erse party" or that it is not necessary to protect the ri'hts of the party who ca!sed it to $e recorded. (%.a" ,1.) --Notice of lis pendens may e recorded at the instance of the interested party at any time during the pendency of the action and not necessarily at the

time of filing of complaint or answer of party concerned --" notice of lis pendens is intended to protect the real rights of party who cased the registration thereof. --It serves as a warning to prospective encum rances or purchasers that they should 5eep their hands off the propert. --Notice of lis pendens can e limited to one half undivided interest in roperty. --" notice of lis pendens cannot e ordered to e cancelled on an ex parte motion. There should e notice to party who caused such notice to e recorded so that he may e heard to show to the court that such notice is necessary to protect his rights and not to pre,udice the adverse party. --'is -endens means pending suit or litigation while notice of lis pendens is an announcement to the whole world that a particular real property is in litigation --)uch notice cannot a lien or encum rance contemplated y law. " lien is an existing urden or charge on property while notice of lis pendens is only a warning that a claim or possi le charge on the property is pending determination y court. --such notice is proper only where there is an action or proceeding in court which affects the title to or possession of real property. It is essential that property e directly affected as where relief sought in the action includes recovery of possession, or enforcement of a lien, ad,udication of conflicting claims of title, possession, or right of possession of specific real property or re9uiring its transfer or sale ,47E 1.: S4;;ONS SECTION 1. 1'er: to ss%e s%((ons)*4pon the filin' of the complaint and the payment of the re3!isite le'al fees" the cler5 of co!rt shall forthwith iss!e the correspondin' s!mmons to the defendants. (1a) Burisdiction over the defendant can e ac9uired through: --service of summons --when he voluntarily su mits to ,urisdiction of court y appearing therein $hen there is defective summons, ,urisdiction still ac9uired through: -his act of su se9uently filing a motion for reconsideration -,ointly su mitting a compromise agreement for approval of court -when he signs compromise agreement to guarantee payment of o ligation N0T(: If defendant dies efore filing of action and summons served upon his co-defendant, the court never ac9uired ,urisdiction over the former and ,udgment as to him is a nullity. --?ailure to attach a copy of complaint to the summons or copy of order appointing a guardian ad litem are mere technical defects and such summons vests ,urisdiction in court over defendant. --$hen defendant has already een served with summons, no further summon is re9uired on amended complaint if it does not introduce a new cause of action.

--$here the defendant was declared in default on original complaint and the plaintiff su se9uently filed an amended complaint, new summons must e served on the defendant as original complaint was deemed withdrawn upon such amendment.

SEC. %. 1ontents)*The s!mmons shall $e directed to the defendant" si'ned $y the cler5 of co!rt !nder seal" and contain: (a) the name of the co!rt and the names of the parties to the action@ ($) a direction that the defendant answer within the time fi#ed $y these ,!les@ (c) a notice that !nless the defendant so answers" plaintiff will ta5e (!d'ment $y defa!lt and may $e 'ranted the relief applied for. + copy of the complaint and order for appointment of '!ardian ad ' te(- if any" shall $e attached to the ori'inal and each copy of the s!mmons. ()a)

SEC. ). 5/ who( ser#ed.The s!mmons may $e ser ed $y the sheriff" his dep!ty" or other proper co!rt officer" or for (!stifia$le reasons $y any s!ita$le person a!thoriDed $y the co!rt iss!in' the s!mmons. (5a) -The enumeration in sec / of persons who may validly serve summons is exclusive. Thus where summons were served without authority granted y court, y a police sergeant, such service was invalid and court did not ac9uire ,urisdiction over defendant. )ummons may e served y:

1. 2. 3.

)heriff* +. )heriffDs deputy* or /. 0ther proper court officers* or 2. ?or ,ustifia le reasons, y any suita leperson authoriFed y the court issuingthe summons.

(numeration is (G='&)IH(

SEC. .. ,et!rn.&hen the ser ice has $een completed" the ser er shall" within fi e (5) days therefrom" ser e a copy of the ret!rn" personally or $y re'istered mail" to the plaintiff>s co!nsel" and shall ret!rn the s!mmons to the cler5 who iss!ed it" accompanied $y proof of ser ice. (/a) --roof of service is re9uired to e given to plaintiffDs counsel in order to ena le him to move for a default order should the defendant fail to answer on time or in case of non service so that alias summons may e sought.

SEC. 5. Iss%an&e of a' as s%((ons)* If a s!mmons is ret!rned witho!t $ein' ser ed on any or all of the defendants" the ser er shall also ser e a copy of the ret!rn on the plaintiff>s co!nsel" statin' the reasons for the fail!re of ser ice" within fi e (5) days therefrom. In s!ch a case" or if the s!mmons has $een lost" the cler5" on demand of the plaintiff" may iss!e an alias s!mmons. "'I") )&660N) . is one issued when the original has not produced its effect ecause of a defect in form or in the manner of service, and when issued, superseded the first writ SEC. /. Ser# &e n "erson on defendant) * &hene er practica$le" the s!mmons shall $e ser ed handin' a copy thereof to the defendant in person" or" if he ref!ses to recei e and si'n for it" $y tenderin' it to him. (0a)

SEC. 0. S%4st t%ted ser# &e)* If- for (!stifia$le ca!ses" the defendant cannot $e ser ed within a reasona$le time as pro ided in the precedin' section" ser ice may $e effected (a) $y lea in' copies of the s!mmons at the defendant>s residence with some person of s!ita$le a'e and discretion then residin' therein" or ($) $y lea in' the copies at defendant>s office or re'!lar place of $!siness with some competent person in char'e thereof. (1a) -Two sections provide for + modes of service of summons. Third is y pu lication 1)ec #2,#%, #63

In any action where the defendant is desi'nated as an !n5nown owner" or the li5e" or whene er his wherea$o!ts are !n5nown and cannot $e ascertained $y dili'ent in3!iry" ser ice may" $y lea e of co!rt" $e effected !pon him $y p!$lication in a newspaper of 'eneral circ!lation and in s!ch places and for s!ch time as the co!rt may order. (1/a)

SEC 1. Ser# &e %"on ent t/ w tho%t $%r d &a' "ersona' t/)* &hen persons associated in an entity witho!t (!ridical personality are s!ed !nder the name $y which they are 'enerally or commonly 5nown" ser ice may $e effected !pon all the defendants $y ser in' !pon any one of them" or !pon the person in char'e of the office or place of $!siness maintained in s!ch name. 6!t s!ch ser ice shall not $ind indi id!ally any person whose connection with the entity has" !pon d!e notice" $een se ered $efore the action was $ro!'ht. (2a)

SEC. 2) Ser# &e %"on "r soners)*&hen the defendant is a prisoner confined in a (ail or instit!tion" ser ice shall $e effected !pon him $y the officer ha in' the mana'ement of s!ch (ail or instit!tion who is deemed dep!tiDed as a special sheriff for said p!rpose. (1%a)

SEC. 15. E0traterr tor a' ser# &e)*&hen the defendant does not reside and is not fo!nd in the 9hilippines" and the action affects the personal stat!s of the plaintiff or relates to" or the s!$(ect of which is" property within the 9hilippines" in which the defendant has or claims a lien or interest" act!al or contin'ent@ or in which the relief demanded consists" wholly or in part" in e#cl!din' the defendant from any interest therein" or the property of the defendant has $een attached within the 9hilippines" ser ice may" $y lea e of co!rt" $e effected o!t of the 9hilippines $y personal ser ice as !nder section /@ or $y p!$lication in a newspaper of 'eneral circ!lation in s!ch places and for s!ch time as the co!rt may order" in which case a copy of the s!mmons and order of the co!rt shall $e sent $y re'istered mail to the last 5nown address of the defendant" or in any other manner the co!rt may deem s!fficient. +ny order 'rantin' s!ch lea e shall specify a reasona$le time" which shall not $e less than si#ty (/*) days after notice" within which the defendant m!st answer. (10a)

SEC. 1*. Ser# &e %"on ( nors and n&o("etents * &hen the defendant is a minor" insane or otherwise an incompetent" ser ice shall $e made !pon him personally and on his le'al '!ardian if he has one" or if none" !pon his '!ardian ad ' te( whose appointment shall $e applied for $y the plaintiff. In the case of a minor" ser ice may also $e made on his father or mother. (1*a" 11a)

SEC. 1/. Res dents te("orar '/ o%t of the Ph ' "" nes)*&hen any action is commenced a'ainst a defendant who ordinarily resides within the 9hilippines" $!t who is temporarily o!t of it" ser ice may" $y lea e of co!rt" $e also effected o!t of the 9hilippines" as !nder the precedin' section. (11a)

SEC. 11. Ser# &e %"on do(est & "r #ate $%r d &a' ent t/)*&hen the defendant is a corporation" partnership or association or'aniDed !nder the laws of the 9hilippines with a (!ridical personality" ser ice may $e made on the president" mana'in' partner" 'eneral mana'er" corporate secretary" treas!rer" or in-ho!se co!nsel. (1)a)

SEC. 10. Lea#e of &o%rt)*+ny application to the co!rt !nder this ,!le for lea e to effect ser ice in any manner for which lea e of co!rt is necessary shall $e made $y motion in writin'" s!pported $y affida it of the plaintiff or some person on his $ehalf settin' forth the 'ro!nds for the application. (12)

SEC. 1%. Ser# &e %"on fore !n "r #ate $%r d &a' ent t/)*&hen the defendant is a forei'n pri ate (!ridical entity which has transacted $!siness in the 9hilippines" ser ice may $e made on its resident a'ent desi'nated in accordance with law for that p!rpose" or" if there $e no s!ch a'ent" on the 'o ernment official desi'nated $y law to that effect" or on any of its officers or a'ents within the 9hilippines. (1.a)

SEC. 11. Proof of ser# &e)*The proof of ser ice of a s!mmons shall $e made in writin' $y the ser er and shall set forth the manner" place" and date of ser ice@ shall specify any papers which ha e $een ser ed with the process and the name of the person who recei ed the same@ and shall $e sworn to when made $y a person other than a sheriff or his dep!ty. (%*)

SEC. 1). Ser# &e %"on "%4' & &or"orat ons. &hen the defendant is the ,ep!$lic of the 9hilippines" ser ice may $e effected on the Solicitor Eeneral@ in case of a pro ince" city or m!nicipality" or li5e p!$lic corporations" ser ice may $e effected on its e#ec!ti e head" or on s!ch other officer or officers as the law or the co!rt may direct. (15)

SEC. 12. Proof of ser# &e 4/ "%4' &at on)*If the ser ice has $een made $y p!$lication" ser ice may $e pro ed $y the affida it of the printer" his foreman or principal cler5" or of the editor" $!siness or ad ertisin' mana'er" to which affida it a copy of the p!$lication shall $e attached" and $y an affida it showin' the deposit of a copy of the s!mmons and order for p!$lication in the post office" posta'e prepaid" directed to the defendant $y re'istered mail to his last 5nown address. (%1)

SEC. 1.. Ser# &e %"on defendant whose dent t/ or wherea4o%ts are %n:nown)*

SEC. %*. Vo'%ntar/ a""earan&e)* The defendant>s ol!ntary appearance in the action shall $e e3!i alent to ser ice of s!mmons. The incl!sion in a motion to dismiss

of other 'ro!nds aside from lac5 of (!risdiction o er the person of the defendant shall not $e deemed a ol!ntary appearance. (%)a) "ny form of appearance in court, y the defendant, y his agent authoriFed to do so, or y attorney, is e9uivalent to service of summons (G=(-T where such appearance is precisely to o ,ect to the ,urisdiction of the court over the person of the defendant. NOTE: Inclusion in a motion to dismiss of other grounds aside from lac5 of ,urisdiction over theperson of the defendant shall N0T e deemed avoluntary appearance ;OBES O8 SE,CICE O8 S4;;ONS: +. Ser ice in person on defendant 1)ection 63 #. >y handling a copy of summons to him, 0: of he refuses to receive it* +. >y tendering it to him. 6. S!$stit!ted Ser ice 1)ection A3?or su stituted service of summons to e valid, it is necessary to esta lish the following: #. The impossi ility of the personal service of summons within a person reasona le time* +. The efforts exerted to locate the person to e served* and /. )ervice upon a person of sufficient age and discretion residing in the same place as defendant 0: some competent person in charge of his office or regular place of usiness. )pouses HenturanFa v. =" #%6 )=:" /0% 1#@CA 3 In su stituted service, the sheriffDs return must show that an effort or attempt was exerted to personally serve the summons on the defendant and that the same had failed. C. 9!$lication 1)ection #23:e9uisites: #. The action is in rem or 9uasi in rem* +. !efendantDs identity and wherea outs are un5nown and cannot e ascertained or diligent in9uiry and /. There must e leave of court =itiFen )urety v. 6elencio-8errera /C )=:" /6@ 1#@A#3 In action in personam where the defendant cannot e served with summons personal or y su stituted service, the case must first e converted into an in rem or 9uasi in rem action y attaching the property of the defendant found in the -hilippines efore summons can e served y pu lication. If no property can e found, the action shall e archived ut shall not e dismissed, SE,CICE O8 S4;;ONS ON BI88E,ENT ENTITIES Ser ice on entity witho!t (!ridical personality 1)ection C3 -&pon any or all the defendants eing sued under common name* or person in charge of the office Ser ice !pon minors and incompetents 1)ection #03 -In case of minors: y serving upon the minor regardless of age, "N! upon his legal guardian, or also upon either of his parents -In case of incompetents: y serving on him personally "N! upon his legal guardian, ut not upon his parents, unless they are his legal guardians -In any event, if the minor or incompetent has no legal guardian the plaintiff must o tain the appointment of a guardian adlitem for him. Ser ice !pon prisoner 1)ection @3 -)erve on officer having management of the ,ail or prisoner 1warden3 Ser ice !pon domestic pri ate (!ridical entity 1)ection ##3 -To the president, managing partner, general manager, corporate secretary, treasurer, or inhouse counsel

N0T(: )ervice upon a person other than those mentioned is invalid and does not ind the corporation. The enumeration is (G='&)IH(. Ser ice !pon forei'n pri ate (!ridical entity 1)ection #+3 -)erve on resident agent* or if none* on government official designated y law* or any officer or agent of the corporation within the -hilippines Ser ice !pon p!$lic corporations 1)ection #/3 -In case defendant is the :epu lic of the -hilippines: y serving upon the )olicitor <eneral -In case of province , city or municipality, or li5e pu lic corporations: y serving onits executive head or on such other officer or officers as the law or the court may direct E#traterritorial Ser ice 1)ection #%3 :e9uisites #. !efendant does not reside or is not found the -hilippines* +. The action must e an action in rem or 9uasi in rem. It either: a3 affects the personal status of plaintiff* 3 :elates to the su ,ect which is property within the -hilippines in which defendant has a lien or interest* c3 !emands a relief which consists wholly or in part in excluding the defendant from any interest in any property within the -hilippines* or d3 -roperty of defendant has een attached in the -hilippines /. 6ode of )ervice a3 with leave of court, serve outside the -hilippine y personal service* or 3 with leave of court, serve y pu lication in a newspaper of general circulation, in which case copy of the summons and order of court must also e sent y registered mail to the last 5nown address of defendant* or c3 any other manner the court may deem sufficient Ser ice !pon a resident temporarily o!tside the 9hilippines 1)ection #63 -)u stituted service or with leave of court, personal service out of the -hilippines asunder extraterritorial service. Ser ice !pon an !n5nown defendant or whose wherea$o!ts are !n5nown 1)ection #23 -with leave of court, y pu lication in a newspaper of general circulation

15: ;OTIONS SECTION 1. 8ot on def ned)*+ motion is an application for relief other than $y a pleadin'. (1a) ;otion - is an application for relief other than y a pleading

Note: 6otion may e considered in road sense as in the nature of a pleading since it is among the papers filed in court FINBS O8 ;OTIONS " .motion EG 9+,TE . made without the presence or a notification to the other party ecause the 9uestion generally presented is not de ata le. 1i.e. motion for extension of time to file pleadings3 > .motion O8 CO4,SE . where the movant is entitled to the relief or remedy sought as a matter of discretion on the part of the court. c. 7ITIE+TEB motion . one made with notice to the adverse party to give anopportunity to oppose. 1i.e. motion to dismiss3 !. S9ECI+7 motion . motion addressed to the discretion of the court. EENE,+7 ,47E : " motion cannot pray for ,udgment. (G=(-TI0N): #. 6otion for ,udgment on the pleadings* +. 6otion for summary ,udgment* /. 6otion for ,udgment on demurrer to evidence

<:: "ll written motions shall e set for hearing G-N: 1from hearing re9uirement3 Non-litiga le or non-litigated motions, meaning those which may e acted upon y court without pre,udicing the rights of adverse party. Note: " motion may e allowed to e filed ex parte and is an xpn to /day notice rule and the court may still hear the same ex parte. (x parte proceeding: merely means that it is ta5es or granted at the instance and for the enefit of one party and without notice to or contestation y any party adversely affected. --)ec ##, :ule #/: $henever practica le, service of pleading and other papers shall e done personally su ,ect to exceptions and sanctions specified therein. 0 ,ective: )ervice should e made in such manner which will ensure receipt of the copy at least / days efore hearing and such is achieved y personal service.

SEC. %. 8ot ons (%st 4e n wr t n!)*+ll motions shall $e in writin' e#cept those made in open co!rt or in the co!rse of a hearin' or trial. (%a) EENE,+7 ,47E : 6otions must e in writing. (G=(-TI0N): Those made in 0-(N =0&:T or in the =0&:)( 0? 8(":IN< or T:I"'

SEC. 5. Not &e of hear n!)*The notice of hearin' shall $e addressed to all parties concerned" and shall specify the time and date of the hearin' which m!st not $e later than ten (1*) days after the filin' of the motion. (5a) SEC. /. Proof of ser# &e ne&essar/)*No written motion set for hearin' shall $e acted !pon $y the co!rt witho!t proof of ser ice thereof. (/a) Note:

SEC. ). 1ontents)*+ motion shall state the relief so!'ht to $e o$tained and the 'ro!nds !pon which it is $ased" and if re3!ired $y these ,!les or necessary to pro e facts alle'ed therein" shall $e accompanied $y s!pportin' affida its and other papers. ()a) Contents: #. The relief sought to e o tained* +. The ground upon which it is ased* and /. If re9uired y the :ules or necessary to prove facts alleged therein, shall e accompanied y supporting affidavits and other papers.

" motion which does not contain a notice of time and place of hearing is a useless piece of paper and of no legal effect. The same is true where the date for hearing of motion is unintelligi le, hence fatally defective. --6otion that does not comply with sec 2, %, 6 is mere scrap of paper, should not e accepted for filing and if filed is not entitled to ,udicial cogniFance and does not affect the filing of reglementary period for filing of re9uisite pleading. --The provisions of section 2 re9uiring the notice to e addressed to the opposing party is merely directory. --$hat is mandatory is the service of the motion on the opposing counsel indicating the time and place of hearing. --(ven if the motion is defective for failure to state the exact date of hearing, the defect is cured y courts ta5ing cogniFance thereof and the fact that the adverse party was notified of the existence of said pleading. "teneo: ,EH4ISITES O8 + ;OTION NOT ;+BE IN O9ENCO4,T O, IN TIE CO4,SE O8 IE+,INE O,T,I+7: #. it must e in $:ITIN< +. 8(":IN< 0? 60TI0N set y the applicant* /. N0TI=( 0? 8(":IN< shall e addressed to all parties concerned not later than #0 days from the filing of the motion* 1)ection %3 2. 6otion and notice of hearing must e served at least / !"7) >(?0:( T8( !"T( 0?8(":IN<* 1)ection 23 and %. -:00? 0? )(:HI=(.1)ection 63 EGCE9TIONS TO TIE ) B+ANOTICE ,47E: #. (x parte motions* +. &rgent motions* /. 6otions agreed upon y the parties to e heard on shorter notice or ,ointly su mitted y the parties* and

SEC. .. Hear n! of (ot on.E#cept for motions which the co!rt may act !pon witho!t pre(!dicin' the ri'hts of the ad erse party" e ery written motion shall $e set for hearin' $y the applicant. E ery written motion re3!ired to $e heard and the notice of the hearin' thereof shall $e ser ed in s!ch a manner as to ens!re its receipt $y the other party at least three ()) days $efore the date of hearin'" !nless the co!rt for 'ood ca!se sets the hearin' on shorter notice. (.a) G-Ns to three day notice rule in sec 2 are: a. . c. (x parte motions &rgent motions 6otions agreed upon y parties to e heard on shorter notice or ,ointly su mitted y parties 6otions for summary ,udgment which must e served at least #0 days efore its hearing

d.

2. 6otions for summary ,udgment which must e served at least #0 days efore its hearing. NOTE: "ny motion that does not comply with )ections 2,% and 6 of this :ule 1re9uirements 2-%3 is a mere scrap of paper. It does not interrupt the reglementary period for the filing of the re9uisite pleading

(i) That the claim on which the action is fo!nded is !nenforcea$le !nder the pro isions of the stat!te of fra!ds@ and (() That a condition precedent for filin' the claim has not $een complied with. (1a) " ;OTION TO BIS;ISS is N0T a responsive pleading. It is not a pleading at all. It is su ,ect to the omni us motion rule since it is a motion that attac5s a pleading. 8ence, it must raise all o ,ections availa le at the time of the filing thereof. EENE,+7 ,47E: " court may not motu propio dismiss a case unless a motion to that effect is filed y a party thereto. (G=(-TI0N): #. Those cases where the court may dismiss a case motu proprio 1)ection #, :ule @3* +. )ection+ :ule #A* 1&pon the plaintiffDs own motion3 /. :ule on )ummary -rocedure 1)ection 2, #@@#:evised :ule on )ummary -rocedure3 TA9ES O8 BIS;ISS+7 O8 +CTION: #. 6otion to dismiss efore answer under :ule #6* +. 6otion to dismiss under :ule #A* -&pon notice y plaintiff* -&pon motion y plaintiff* -!ue to fault of plaintiff. /. 6otion to dismiss called a demurer to evidence after plaintiff has completed the presentation of his evidence under :ule //* 2. !ismissal of an appeal Section 1. Ero!nds #. No ,urisdiction over the person of the defending arty* +. No ,urisdiction over the su ,ect matter of the claim* /. Improper venue* 2. no legal capacity to sue* %. 'itis pendentia* 6. :es ,udicata A. -rescription* C. ?ailure to state a cause of action* @. =laim or demand has een paid, waived, a andoned, or otherwise extinguished* #0. =laim is unenforcea le under the )tatute of ?rauds* ##. Non-compliance with a condition precedent for filing claim

SEC. 0. 8ot on day.E#cept for motions re3!irin' immediate action" all motions shall $e sched!led for hearin' on 8riday afternoons" or if 8riday is a non-wor5in' day" in the afternoon of the ne#t wor5in' day. (0a)

SEC. 1. O(n 4%s (ot on)*S!$(ect to the pro isions of section 1 of ,!le 2" a motion attac5in' a pleadin'" order" (!d'ment" or proceedin' shall incl!de all o$(ections then a aila$le" and all o$(ections not so incl!ded shall $e deemed wai ed. (1a) Omni$!s ;otion ,!le . " motion attac5ing a pleading, order ,udgment or proceeding shall include all o ,ections then availa le. 0 ,ections not included shall e deemed waived except the defense referred in )ection #

SEC. 2. 8ot on for 'ea#e)*+ motion for lea e to file a pleadin' or motion shall $e accompanied $y the pleadin' or motion so!'ht to $e admitted. (n) --The evident purpose of this provision is to provide the court with the asis for determining the merits of the motion for leave of court to file the desired pleading or motion. )uch pleading or motion sought to e admitted is now re9uired to e attached to the motion for leave of court, otherwise the latter may e denied. SEC. 1*. For()*The ,!les applica$le to pleadin's shall apply to written motions so far as concerns caption" desi'nation" si'nat!re" and other matters of form. (2a)

:&'( #6: 6otion to !ismiss SECTION 1. Gro%nds)*within the time for $!t $efore filin' the answer to the complaint or pleadin' assertin' a claim" a motion to dismiss may $e made on any of the followin' 'ro!nds: (a) That the co!rt has no (!risdiction o er the person of the defendin' party@ ($) That the co!rt has no (!risdiction o er the s!$(ect matter of the claim@ (c) That en!e is improperly laid@

(d) That the plaintiff has no le'al capacity to s!e@ (e) That there is another action pendin' $etween the same parties for the same ca!se@ (f) That the ca!se of action is $arred $y a prior (!d'ment or $y the stat!te of limitations@ (') That the pleadin' assertin' the claim states no ca!se of action@ (h) That the claim or demand set forth in the plaintiff>s pleadin' has $een paid" wai ed" a$andoned" or otherwise e#tin'!ished@

,EH4ISITES O8 7ITIS 9ENBENTI+ #. Identify of parties or at least such parties representing the same interests in othactions* +. There is su stantial identity in the cause of action and relief sought, the relief eing founded on the same facts* and /. The identity in the two cases should e such that any ,udgment that may e rendered in one, regardless of which party is successful, would amount to res ,udicata in the other case. 6otion to dismiss may e filed in either suit, not necessarily in the one instituted first. ,EH4ISITES O8 ,ES ?4BIC+T+ #. -revious final ,udgment* +. Burisdiction over the su ,ect matter and the parties y the court rendering it* /. Budgment upon the merits* 2. There must e identity of parties, of su ,ect matter and of cause of action etween the first and second actions. NOTE: There could e res ,udicata without a trial, such as in a ,udgment on the pleadings 1:ule /23* a summary ,udgment 1:ule /%3* or an order of dismissal under )ection / of :ule #A. 9,ESC,I9TION " motion to dismiss on the ground of prescription will e given due course only if the complaint shows on its face that the action has already prescri ed

SEC. ). Reso'%t on of (ot on)*+fter the hearin'" the co!rt may dismiss the action or claim" deny the motion" or order the amendment of the pleadin'. The co!rt shall not defer the resol!tion of the motion for the reason that the 'ro!nd relied !pon is not ind!$ita$le. CO;97+INT ST+TES NO C+4SE O8 +CTION $hen the ground for dismissal is that the complaint states no cause of action, such fact can e determined only from the facts alleged in the complaint. 8+I74,E TO ST+TE + C+4SE O8+CTION and NOT 7+CF O,+6SENCE O8C+4SE O8 +CTION is the ground for a motion to dismiss. The former means there is insufficiency in the allegations in the pleading. The latter means that there is in sufficiency in the factual asis of the action. NON-CO;97I+NCE &ITI + CONBITION9,ECEBENT Non-compliance with -.! #%0C 1Iatarungang-am arangay 'aw3 may result to dismissal of the case on the ground on noncompliance with a condition precedent In e ery case" the resol!tion shall state clearly and distinctly the reasons therefor. ()a) The court may order: a. The dismissal of the action* . !eny the motion* or c. "mend the pleading Note: It is re9uired in this section that resolution on the motion shall clearly state the reasons therefor. --"n order denying a motion to dismiss is interlocutory and not appeala le. -->ut an order granting a motion to dismiss is final and appeala le. ---80$(H(: if the order of dismissal is not an ad,udication on the merits as where the venue is improperly laid, that the plaintiff has no legal capacity to sue, litis pendentia, that the complaint states no cause of action or that condition precedent for filing suit has not complied with, such dismissal is N0T " >": to another action when circumstances change and warrant the refilling and prosecution of the same. --$hile an order denying the motion to dismiss is interlocutory and non-appeala le, if the denial is with grave a use of discretion or is without or in excess of ,urisdiction, certiorari and prohi ition are proper remedies. --$here defect is cura le y amendment as where the complaint states no =0" and court refuses to allow amendment, the same is reversi le error. 8owever, the plaintiff must move for leave to amend the complaint efore dismissal order ecomes final. --" case should not e dismissed on motion of defendant ecause original summons was wrongfully served or there was failure of service. The court can instead issue an alias summons for service on the defendant. Note: 6otion to dismiss may e filed y an original defendant, /rd party defendant, y plaintiff in a counterclaim or y a co-party I a cross-claim.

SEC. %. Hear n! of (ot on)*+t the hearin' of the motion" the parties shall s!$mit their ar'!ments on the 3!estions of law and their e idence on the 3!estions of fact in ol ed e#cept those not a aila$le at that time. Sho!ld the case 'o to trial" the e idence presented d!rin' the hearin' shall a!tomatically $e part of the e idence of the party presentin' the same. (n) Note: --"t the hearing of the motion, the parties shall su mit all arguments and evidence then availa le and the evidence presented shall automatically constitute part of the evidence at the trial of the party who presented the same. 6otion shall also e in writing and there must e a hearing thereon. -urpose: To avoid unnecessary delay in trial court and to have a sufficient frame of reference should the trial courtDs disposition of the motion e 9uestioned in higher court.

SEC. .. T (e to "'ead)*If the motion is denied" the mo ant shall file his answer within the $alance of the period prescri$ed $y ,!le 11 to which he was entitled at the time of ser in' his motion" $!t not less than fi e (5) days in any e ent" comp!ted from his receipt of the notice of the denial. If the pleadin' is ordered to $e amended" he shall file his answer within the period prescri$ed $y ,!le 11 co!nted from ser ice of the amended pleadin'" !nless the co!rt pro ides a lon'er period. (.a) !efendant is granted only the alance of the reglementary period to which he was entitled at the time he filed his motion to dismiss, counted from his receipt o the denial order, ut not less than % days in any event. SEC. 5. Effe&t of d s( ssa'.S!$(ect to the ri'ht of appeal" an order 'rantin' a motion to dismiss $ased on para'raphs (f)" (h) and (i) of section 1 hereof shall $ar the refilin' of the same action or claim. (n) GENERAL RULE : the action or claim may be re-filed EXCEPTION: the action cannot be re-filed if it wa di mi ed on any of the e !ro"nd : 1. #e $"dicata% 2. Pre cri&tion% 3. E'tin!"i hment of the claim or demand% and (. )nenforceability "nder the *tat"e of +ra"d .

In the e in tance , the remedy of the &laintiff i -PPE-.

when filed $y a plaintiff who has once dismissed in a competent co!rt an action $ased on or incl!din' the same claim. (1a) SEC. %. D s( ssa' %"on (ot on of "'a nt ff)* E0&e"t as pro ided in the precedin' section" a complaint shall not $e dismissed at the plaintiff>s instance sa e !pon appro al of the co!rt and !pon s!ch terms and conditions as the co!rt deems proper. If a co!nterclaim has $een pleaded $y a defendant prior to the ser ice !pon him of the plaintiff>s motion for dismissal" the dismissal shall $e limited to the complaint. The dismissal shall $e witho!t pre(!dice to the ri'ht of the defendant to prosec!te his co!nterclaim in a separate action !nless within fifteen (15) days from notice of the motion he manifests his preference to ha e his co!nterclaim resol ed in the same action. 4nless otherwise specified in the order" a dismissal !nder this para'raph shall $e witho!t pre(!dice. + class s!it shall not $e dismissed or compromised witho!t the appro al of the co!rt. (%a) SEC. ). D s( ssa' d%e to fa%'t of "'a nt ff)* If- for no (!stifia$le ca!se" the plaintiff fails to appear on the date of the presentation of his e idence in chief on the complaint" or to prosec!te his action for an !nreasona$le len'th of time" or to comply with these ,!les or any order of the co!rt" the complaint may $e dismissed !pon motion of the defendant or !pon the co!rt>s own motion" witho!t pre(!dice to the ri'ht of the defendant to prosec!te his co!nterclaim in the same or in a separate action. This dismissal shall ha e the effect of an ad(!dication !pon the merits" !nless otherwise declared $y the co!rt. ()a) SEC. .. D s( ssa' of &o%nter&'a (- &ross+&'a (or th rd+"art/ &o("'a nt)*The pro isions of this ,!le shall apply. to the dismissal of any co!nterclaim" cross-claim" or third-party complaint. + ol!ntary dismissal $y the claimant $y notice as in section 1 of this ,!le" shall $e made $efore a responsi e pleadin' or a motion for s!mmary (!d'ment is ser ed or" if there is none" $efore the introd!ction of e idence at the trial or hearin'. (.n) ,47E 11: 9,E-T,I+7 SECTION 1. When &ond%&ted .+fter the last pleadin' has $een ser ed and filed" it shall $e the d!ty of the plaintiff to promptly mo e e0 "arte that the case $e set for pretrial. (5a" ,%*) SEC. %. Nat%re and "%r"ose)*The pre-trial is mandatory. The co!rt shall consider: (a) The possi$ility of an amica$le settlement or of a s!$mission to alternati e modes of disp!te resol!tion@ ($) The simplification of the iss!es@ (c) The necessity or desira$ility of amendments to the pleadin's@ (d) The possi$ility of o$tainin' stip!lations or admissions of facts and of doc!ments to a oid !nnecessary proof@

SEC. /. P'ead n! !ro%nds as aff r(at #e defenses)*If no motion to dismiss has $een filed" any of the 'ro!nds for dismissal pro ided for in this ,!le may $e pleaded as an affirmati e defense in the answer and" in the discretion of the co!rt" a preliminary hearin' may $e had thereon as if a motion to dismiss had $een filed. (5a) The dismissal of the complaint !nder this section shall $e witho!t pre(!dice to the prosec!tion in the same or separate action of a co!nterclaim pleaded in the answer. (n) Note: --If no motion to dismiss had een filed, any grounds for dismissal including improper venue may e pleaded as affirmative defenses and primarily heard in discretion of the court and if no motion to dismiss on any of the grounds had een filed and resolved. --The +nd par of this section has now clarified the effect of dismissal of complaint upon a counterclaim duly pleaded in the action. --" motion to dismiss is not a responsive pleading and filing thereof does not preclude the plaintiff from doing what he can lawfully do efore defendant files his answer ie: amend his complaint and admission of such amended complaint may e compelled y mandamus. --It would not e proper to have a preliminary hearing under section % :ule 6 which enumerates some affirmative defenses. "T(N(0: If no motion to dismiss had een filed, any of the grounds for dismissal provided for in rule #6,IN='&!IN< I6-:0-(: H(N&(, may e pleaded as affirmative defenses and a preliminary hearing may e had thereon in the discretion of the court. N0T(: if the defendant would want to file a counterclaim, he should N0T file a motion to dismiss. Instead, he should allege the grounds of a motion to dismiss as affirmative defenses in his answer with a counterclaim. " preliminary hearing mat e had thereon, and in the event the complaint to dismissed, the defendant can -:0)(=&T( his counterclaim. The +nd par. of )ec. 6 clearly provides that the dismissal of the complaint without pre,udice to the prosecution of the counterclaim

,47E 10: BIS;ISS+7 O8 +CTIONS SECTION 1. D s( ssa' %"on not &e 4/ plaintiff. + complaint may $e dismissed $y the plaintiff $y filin' a notice of dismissal at any time $efore ser ice of the answer or of a motion for s!mmary (!d'ment. 4pon s!ch notice $ein' filed" the co!rt shall iss!e an order confirmin' the dismissal. 4nless otherwise stated in the notice" the dismissal is witho!t pre(!dice" e#cept that a notice operates as an ad(!dication !pon the merits

(e) The limitation of the n!m$er of witnesses@ (f) The ad isa$ility of a preliminary reference of iss!es to a commissioner@ (') The propriety of renderin' (!d'ment on the pleadin's" or s!mmary (!d'ment" or of dismissin' the action sho!ld a alid 'ro!nd therefor $e fo!nd to e#ist@ (h) The ad isa$ility or necessity of s!spendin' the proceedin's@ and

(i) S!ch other matters as may aid in the prompt disposition of the action. (1a" ,%*) SEC. ). Not &e of "re+tr a')*The notice of pretrial shall $e ser ed on co!nsel" or on the party who has no co!nsel. The co!nsel ser ed with s!ch notice is char'ed with the d!ty of notifyin' the party represented $y him. (n) SEC. .. A""earan&e of "art es)*It shall $e the d!ty of the parties and their co!nsel to appear at the pre-trial. The non-appearance of a party may $e e#c!sed only if a alid ca!se is shown therefor or if a representati e shall appear in his $ehalf f!lly a!thoriDed in writin' to enter into an amica$le settlement" to s!$mit to alternati e modes of disp!te resol!tion" and to enter into stip!lations or admissions of facts and of doc!ments. (n) SEC. 5. Effe&t of fa '%re to a""ear)*The fail!re of the plaintiff to appear when so re3!ired p!rs!ant to the ne#t precedin' section shall $e ca!se for dismissal of the action. The dismissal shall $e with pre(!dice" !nless otherwise ordered $y the co!rt. + similar fail!re on the part of the defendant shall $e ca!se to allow the plaintiff to present his e idence e0 "arte and the co!rt to render (!d'ment on the $asis thereof. (%a" ,%*) SEC. /. Pre+tr a' 4r ef)*The parties shall file with the co!rt and ser e on the ad erse party" in s!ch manner as shall ens!re their receipt thereof at least three ()) days $efore the date of the pre-trial" their respecti e pre-trial $riefs which shall contain" amon' others: (a) + statement of their willin'ness to enter into amica$le settlement or alternati e modes of disp!te resol!tion" indicatin' the desired terms thereof@ ($) + s!mmary of admitted facts and proposed stip!lation of facts@ (c) The iss!es to $e tried or resol ed@

The co!rt shall consider whether or not the inter ention will !nd!ly delay or pre(!dice the ad(!dication of the ri'hts of the ori'inal parties" and whether or not the inter enor>s ri'hts may $e f!lly protected in a separate proceedin'. (%<a=" <$=a" ,1%) SEC. %. T (e to nter#ene.JThe motion to inter ene may $e filed at any time $efore rendition of (!d'ment $y the trial co!rt. + copy of the pleadin'-in-inter ention shall $e attached to the motion and ser ed on the ori'inal parties. (n) SEC. ). P'ead n!s+ n+ nter#ent on.JThe inter enor shall file a complaint-ininter ention if he asserts a claim a'ainst either or all of the ori'inal parties" or an answer-in-inter ention if he !nites with the defendin' party in resistin' a claim a'ainst the latter. (%<c=a" ,1%) SEC. .. Answer to &o("'a nt+ n+ nter#ent on.J The answer to the complaint-in-inter ention shall $e filed within fifteen (15) days from notice of the order admittin' the same" !nless a different period is fi#ed $y the co!rt. (%<d=a" ,1%)

,47E %*

C+7ENB+, O8 C+SES SECTION 1. 1a'endar of &ases.JThe cler5 of co!rt" !nder the direct s!per ision of the (!d'e" shall 5eep a calendar of cases for pretrial" for trial" those whose trials were ad(o!rned or postponed" and those with motions to set for hearin'. 9reference shall $e 'i en to ha4eas &or"%s cases" election cases" special ci il actions" and those so re3!ired $y law. (1a" ,%%) SEC. %. Ass !n(ent of &ases.JThe assi'nment of cases to the different $ranches of co!rt shall $e done e#cl!si ely $y raffle. The assi'nment shall $e done in open session of which ade3!ate notice shall $e 'i en so as to afford interested parties the opport!nity to $e present (0a" ,%%)

(d) The doc!ments or e#hi$its to $e presented" statin' the p!rpose thereof@ (e) + manifestation of their ha in' a ailed or then intention to a ail themsel es of disco ery proced!res or referral to commissioners@ and (f) The n!m$er and names of the witnesses" and the s!$stance of their respecti e testimonies. 8ail!re to file the pre-trial $rief shall ha e the same effect as fail!re to appear at the pretrial. (n) SEC. 0. Re&ord of "re+tr a')*The proceedin's in the pretrial shall $e recorded. 4pon the termination thereof" the co!rt shall iss!e an order which shall recite in detail the matters ta5en !p in the conference@ the action ta5en thereon" the amendments allowed to the pleadin's" and the a'reements or admissions made $y the parties as to any of the matters considered. Sho!ld the action proceed to trial" the order shall e#plicitly define and limit the iss!es to $e tried. The contents of the order shall control the s!$se3!ent co!rse of the action" !nless modified $efore trial to pre ent manifest in(!stice. (5a" ,%*) RULE 1;: INTERVENTION SECTION 1. Who (a/ nter#ene)*+ person who has a le'al interest in the matter in liti'ation" or in the s!ccess of either of the parties" or an interest a'ainst $oth" or is so sit!ated as to $e ad ersely affected $y a distri$!tion or other disposition of property in the c!stody of the co!rt or of an officer thereof may" with lea e of co!rt" $e allowed to inter ene in the action.

,47E %1

S469OEN+ SECTION 1. S%4"oena and s%4"oena d%&es te&%()* S!$poena is a process directed to a person re3!irin' him to attend and to testify at the hearin' or the trial of an action" or at any in esti'ation cond!cted $y competent a!thority" or for the ta5in' of his deposition. It may also re3!ire him to $rin' with him any $oo5s" doc!ments" or other thin's !nder his control" in which case it is called a s!$poena d%&es te&%() (1a" ,%)) SEC. %. 5/ who( ss%ed)*The s!$poena may $e iss!ed $y a) the co!rt $efore whom the witness is re3!ired to attend@ $) the co!rt of the place where the deposition is to $e ta5en@

c) the officer or $ody a!thoriDed $y law to do so in connection with in esti'ations cond!cted $y said officer or $ody@ or d) any ?!stice of the S!preme Co!rt or of the Co!rt of +ppeals in any case or in esti'ation pendin' within the 9hilippines. &hen application for a s!$poena to a prisoner is made" the (!d'e or officer shall e#amine and st!dy caref!lly s!ch application to determine whether the same is made for a alid p!rpose. No prisoner sentenced to death" re&'%s on "er"et%a or life imprisonment and who is confined in any penal instit!tion shall $e $ro!'ht o!tside the said penal instit!tion for appearance or attendance in any co!rt !nless a!thoriDed $y the S!preme Co!rt. (%a" ,%)) SEC. ). For( and &ontents)*+ s!$poena shall state the name of the co!rt and the title of the action or in esti'ation" shall $e directed to the person whose attendance is re3!ired" and in the case of a s!$poena d%&es te&%(- it shall also contain a reasona$le description of the $oo5s" doc!ments or thin's demanded which m!st appear to the co!rt "r (a fa& e rele ant. ()a" ,%)) SEC. .. <%ash n! a s%4"oena)*The co!rt may 3!ash a s!$poena d%&es te&%( !pon motion promptly made and" in any e ent" at or $efore the time specified therein if it is !nreasona$le and oppressi e" or the rele ancy of the $oo5s" doc!ments or thin's does not appear" or if the person in whose $ehalf the s!$poena is iss!ed fails to ad ance the reasona$le cost of the prod!ction thereof. The co!rt may 3!ash a s!$poena ad test f &and%( on the 'ro!nd that the witness is not $o!nd there$y. In either case" the s!$poena may $e 3!ashed on the 'ro!nd that the witness fees and 5ilometra'e allowed $y these ,!les were not tendered when the s!$poena was ser ed. (.a" ,%)) SEC. 5. S%4"oena for de"os t ons)*9roof of ser ice of a notice to ta5e a deposition" as pro ided in sections 15 and %5 of ,!le %)" shall constit!te s!fficient a!thoriDation for the iss!ance of s!$poenas for the persons named in said notice $y the cler5 of the co!rt of the place in which the deposition is to $e ta5en. The cler5 shall not" howe er" iss!e a s!$poena d%&es te&%( to any s!ch person witho!t an order of the co!rt. (5a" ,%)) SEC. /. Ser# &e.Ser ice of a s!$poena shall $e made in the same manner as personal or s!$stit!ted ser ice of s!mmons. The ori'inal shall $e e#hi$ited and a copy thereof deli ered to the person on whom it is ser ed" tenderin' to him the fees for one day>s attendance and the 5ilometra'e allowed $y these ,!les" e#cept that" when a s!$poena is iss!ed $y or on $ehalf of the ,ep!$lic of the 9hilippines or an officer or a'ency thereof" the tender need not $e made. The ser ice m!st $e made so as to allow the witness a reasona$le time for preparation and tra el of the place of attendance. If the s!$poena is d%&es te&%(- the reasona$le cost of prod!cin' the $oo5s" doc!ments or thin's demanded shall also $e tendered. (/a" ,%)) SEC. 0. Persona' a""earan&e n &o%rt.+ person present in co!rt $efore a (!dicial officer may $e re3!ired to testify as if he were in attendance !pon a s!$poena iss!ed $y s!ch co!rt or officer. (1*" ,%)) SEC. 1. 1o("e'' n! attendan&e)*In case of fail!re of a witness to attend" the co!rt or (!d'e iss!in' the s!$poena" !pon proof of the ser ice thereof and of the fail!re of the

witness" may iss!e a warrant to the sheriff of the pro ince" or his dep!ty" to arrest the witness and $rin' him $efore the co!rt or officer where his attendance is re3!ired" and the cost of s!ch warrant and seiD!re of s!ch witness shall $e paid $y the witness if the co!rt iss!in' it shall determine that his fail!re to answer the s!$poena was willf!l and witho!t (!st e#c!se. (11" ,%)) SEC. 2. 1onte("t*8ail!re $y any person witho!t ade3!ate ca!se to o$ey a s!$poena ser ed !pon him shall deemed a contempt of the co!rt from which the s!$poena is iss!ed. If the s!$poena was not iss!ed $y a co!rt" the diso$edience thereto shall $e p!nished in accordance with the applica$le law or ,!le (1%a" ,%)) SEC. 1*. E0&e"t ons)*The pro isions of sections 1 and ; this ,!le shall not apply to a witness who resides more than one h!ndred (1**) 5ilometers from his residence to the place where he is to testify $y the ordinary co!rse of tra el" or to a detention prisoner if no permission of the co!rt in which his case is pendin' was o$tained. (2a" ,%))

,47E %%

CO;94T+TION O8 TI;E SECTION 1. How to &o("%te t (e)* In comp!tin' any period of time prescri$ed or allowed $y these ,!les" or $y order the co!rt" or $y any applica$le stat!te" the day of the act or e ent from which the desi'nated period of time $e'ins to r!n is to e#cl!ded and the date of performance incl!ded. If the last day of the period" as th!s comp!ted" falls on a Sat!rday" a S!nday" or a le'al holiday in the place where the co!rt sits" the time shall not r!n !ntil the ne#t wor5in' day. (n) SEC. %. Effe&t of nterr%"t on)Sho!ld an act $e done which effecti ely interr!pts the r!nnin' of the period" the allowa$le period after s!ch interr!ption shall start to r!n on the day aft notice of the cessation of the ca!se thereof. The day of the act that ca!sed the interr!ption shall $e e#cl!ded in the comp!tation of the period. (n)

,47E %)

BE9OSITIONS 9ENBINE +CTION SECTION 1. De"os t ons "end n! a&t on- when (a/ 4e ta:en.6y lea e of co!rt after (!risdiction has $een o$tained o er any defendant or o er property which is the s!$(ect of the action" witho!t s!ch lea e after an answer has $een ser ed" the testimony of any person" whether a party or not" may $e ta5en" at the instance of any party" $y deposition !pon oral e#amination or written interro'atories. The attendance of witnesses may $e compelled $y the !se of a s!$poena as pro ided in ,!le %1. Bepositions shall $e ta5en only in accordance with these ,!les. The deposition of a person confined in prison may $e ta5en only $y lea e of co!rt on s!ch terms as the co!rt prescri$es. (1a" ,%.)

SEC. %. S&o"e of e0a( nat on.4nless otherwise ordered $y the co!rt as pro ided $y section 1/ or 11 of this ,!le" the deponent may $e e#amined re'ardin' any matter" not pri ile'ed" which is rele ant to the s!$(ect of the pendin' action" whether relatin' to the claim or defense of any other party" incl!din' the e#istence" description" nat!re" c!stody" condition" and location of any $oo5s" doc!ments" or other tan'i$le thin's and the identity and location of persons ha in' 5nowled'e of rele ant facts. (%" ,%.) SEC. ). E0a( nat on and &ross+e0a( nat on . E#amination and cross-e#amination of deponents may proceed as permitted at the trial !nder sections ) to 11 of ,!le 1)%. ()a" ,%.) SEC. .. Use of de"os t ons)*+t the trial or !pon the hearin' of a motion or an interloc!tory proceedin'" any part or all of a deposition" so far as admissi$le !nder the r!les of e idence" may $e !sed a'ainst any party who was present or represented at the ta5in' of the deposition or who had d!e notice thereof" in accordance with any one of the followin' pro isions: (a) +ny deposition may $e !sed $y any party for the p!rpose of contradictin' or impeachin' the testimony of deponent as a witness@ ($) The deposition of a party or of any one who at the time of ta5in' the deposition was an officer" director" or mana'in' a'ent of a p!$lic or pri ate corporation" partnership" or association which is a party may $e !sed $y an ad erse party for any p!rpose@ (c) The deposition of a witness" whether or not a party" may $e !sed $y any party for any p!rpose if the co!rt finds: (1) that the witness is dead@ or (%) that the witness resides at a distance more than one h!ndred (1**) 5ilometers from the place of trial or hearin'" or is o!t of the 9hilippines" !nless it appears that his a$sence was proc!red $y the party offerin' the deposition@ or ()) that the witness is !na$le to attend or testify $eca!se of a'e" sic5ness" infirmity" or imprisonment@ or (.) that the party offerin' the deposition has $een !na$le to proc!re the attendance of the witness $y s!$poena@ or (5) !pon application and notice" that s!ch e#ceptional circ!mstances e#ist as to ma5e it desira$le" in the interest of (!stice and with d!e re'ard to the importance of presentin' the testimony of witnesses orally in open co!rt" to allow the deposition to $e !sed@ and (d) If only part of a deposition is offered in e idence $y a party@ the ad erse party may re3!ire him to introd!ce all of it which is rele ant to the part introd!ced" and any party may introd!ce any other parts. (.a" ,%.) SEC. 5. Effe&t of s%4st t%t on of parties. S!$stit!tion of parties does not affect the ri'ht to !se depositions pre io!sly ta5en@ and" when an action has $een dismissed and another action in ol in' the same s!$(ect is afterward $ro!'ht $etween the same parties or their representati es or s!ccessors in interest" all depositions lawf!lly ta5en and d!ly filed in the former action may $e !sed in the latter as if ori'inally ta5en therefor. (5" ,%.) SEC. /. O4$e&t ons to ad( ss 4 ' t/)*S!$(ect to the pro isions of section %2 of this ,!le" o$(ection may $e made at the trial or hearin' to recei in' in e idence any deposition or part thereof for any reason which wo!ld re3!ire the e#cl!sion of the e idence if the witness were then present and testifyin'. (/" ,%.)

SEC. 0. Effe&t of ta: n! de"os t ons)*+ party shall not $e deemed to ma5e a person his own witness for any p!rpose $y ta5in' his deposition. (0" ,%.) SEC. 1. Effe&t of %s n! de"os t ons)* The introd!ction in e idence of the deposition or any part thereof for any p!rpose other than that of contradictin' or impeachin' the deponent ma5es the deponent the witness of the party introd!cin' the deposition" $!t this shall not apply to the !se $y an ad erse party of a deposition as descri$ed in para'raph ($) of section . of this ,!le. (1" ,%.) SEC. 2. Re4%tt n! de"os t on)*+t the trial or hearin'" any party may re$!t any rele ant e idence contained in a deposition whether introd!ced 4/ him or $y any other party. (2" ,%.) SEC. 1*. Persons 4efore who( de"os t ons (a/ 4e ta:en w th n the Ph ' "" nes)* &ithin the 9hilippines" depositions m!st $e ta5en $efore any (!d'e" notary p!$lic" on the person referred to in section 1. hereof. (1*a" ,%.) SEC. 11. Persons 4efore who( de"os t ons (a/ 4e ta:en n fore !n &o%ntr es)*In a forei'n state or co!ntry" depositions may $e ta5en (a) on notice $efore a secretary of em$assy or le'ation" cons!l 'eneral" cons!l" ice-cons!l" or cons!lar a'ent of the ,ep!$lic of the 9hilippines@ ($) $efore s!ch person or officer as may $e appointed $y commission or !nder letters ro'atory@ or (c) the person referred to in section 1. hereof. (11a" ,%.) SEC. 1%. 1o(( ss on or 'etters ro!ator/)* + commission or letters ro'atory shall $e iss!ed only when necessary or con enient" on application and notice" and on s!ch terms and with s!ch direction as are (!st appropriate. Officers may $e desi'nated in notices or commissions either $y name or descripti e title and letters ro'atory may $e addressed to the appropriate (!dicial a!thority in the forei'n co!ntry. (1%n" ,%.) SEC. 1). D s9%a' f &at on 4/ nterest)* No deposition shall $e ta5en $efore a person who is a relati e within the si#th de'ree of consan'!inity or affinity" or employee or co!nsel of any of the parties@ or who is a relati e within the same de'ree" or employee of s!ch co!nsel@ or who is financially interested in the action. (1)a" ,%.) SEC. 1.. St "%'at ons re!ard n! ta: n! of de"os t ons)*If the parties so stip!late in writin'" depositions may $e ta5en $efore any person a!thoriDed to administer oaths" at any time or place" in accordance with these ,!les" and when so ta5en may $e !sed li5e other depositions. (1.a" ,%.) SEC. 15. De"os t on %"on ora' e0a( nat on3 not &e3 t (e and place.+ party desirin' to ta5e the deposition of any person !pon oral e#amination shall 'i e reasona$le notice in writin' to e ery other party to the action. The notice shall state the time and place for ta5in' the deposition and the name and address of each person to $e e#amined" if 5nown" and if the name is at 5nown" a 'eneral description s!fficient to identify him or the partic!lar class or 'ro!p to which he $elon's. On motion of any party !pon whom the notice is ser ed" the co!rt may for ca!se shown enlar'e or shorten the time. (15" ,%.) SEC. 1/. Orders for the "rote&t on of "art es and de"onents)* +fter notice is ser ed for ta5in' a deposition $y oral e#amination" !pon motion seasona$ly made $y any party or $y the person to $e e#amined and for 'ood ca!se

shown" the co!rt in which the action is pendin' may ma5e an order that the deposition shall not $e ta5en" or that it may $e ta5en only at some desi'nated place other than that stated in the notice" or that it may $e ta5en only on written interro'atories" or that certain matters shall not $e in3!ired into" or that the scope of the e#amination shall $e held with no one present e#cept the parties to the action and their officers or co!nsel" or that after $ein' sealed the deposition shall $ opened only $y order of the co!rt" or that secret processes de elopments" or research need not $e disclosed" or that the parties shall sim!ltaneo!sly filed specified doc!ments or information enclosed in sealed en elope to $e opened as directed $y the co!rt@ or the co!rt may ma5e any other order which (!stice re3!ires to protect the party or witness from annoyance" em$arrassment" or oppression. (1/a" ,%.) SEC. 10. Re&ord of e0a( nat on3 oath3 o4$e&t ons)*The officer $efore whom the deposition is to $e ta5en shall p!t the witness or oath and shall personally" or $y some one actin' !nder his direction and in his presence" record the testimony of the witness. The testimony shall $e ta5en steno'raphically !nless the parties a'ree otherwise. +ll o$(ections made at the time of the e#amination to the 3!alifications of the officer ta5in' the deposition" or to the manner of ta5in' it" or to the e idence presented" or to the cond!ct of any party" and any other o$(ection to the proceedin's" shall $e noted $y the officer !pon the deposition. E idence o$(ected to shall $e ta5en s!$(ect to the o$(ections. In lie! of participatin' in the oral e#amination" parties ser ed with notice of ta5in' a deposition may transmit written interro'atories to the officers" who shall propo!nd them to the witness and record the answers #er4at () (10" ,%.) SEC. 11. 8ot on to ter( nate or ' ( t e0a( nat on)*+t any time d!rin' the ta5in' of the deposition" on motion or petition of any party or of the deponent and !pon a showin' that the e#amination is $ein' cond!cted in $ad faith or in s!ch manner" as !nreasona$ly to annoy" em$arrass" or oppress the deponent or party" the co!rt in which the action is pendin' or the ,e'ional Trial Co!rt of the place where the deposition is $ein' ta5en may order the officer cond!ctin' the e#amination to cease forthwith from ta5in' the deposition" or may limit the scope and manner of the ta5in' of the deposition" as pro ided in section 1/ of this ,!le. If the order made terminates the e#amination" it shall $e res!med thereafter only !pon the order of the co!rt in which the action is pendin'. 4pon demand of the o$(ectin' party or deponent" the ta5in' of the deposition shall $e s!spended for the time necessary to ma5e a notice for an order. In 'rantin' or ref!sin' s!ch order" the co!rt may impose !pon either party or !pon the witness the re3!irement to pay s!ch costs or e#penses as the co!rt may deem reasona$le. (11a" ,%.) SEC. 12. S%4( ss on to w tness3 &han!es3 s !n n!)*&hen the testimony is f!lly transcri$ed" the deposition shall $e s!$mitted to the witness for e#amination and shall $e read to or $y him" !nless s!ch e#amination and readin' are wai ed $y the witness and $y the parties. +ny chan'es in form or s!$stance which the witness desires to ma5e shall $e entered !pon the deposition $y the officer with a statement of the reasons 'i en $y the witness for ma5in' them. The deposition shall then $e si'ned $y the witness" !nless the parties $y stip!lation wai e the si'nin' or the

witness is ill or cannot $e fo!nd or ref!ses to si'n. If the deposition is not si'ned $y the witness" the officer shall si'n it and state on the record the fact of the wai er or of the illness or a$sence of the witness or the fact of the ref!sal to si'n to'ether with the reason 'i en therefor" if any" and the deposition may then $e !sed as f!lly as tho!'h si'ned" !nless on a motion to s!ppress !nder section %2 (f) of this ,!le" the co!rt holds that the reasons 'i en for the ref!sal to si'n re3!ire re(ection Of the deposition in whole or in part. (12a" ,%.) SEC. %*. 1ert f &at on and f ' n! 4/ off &er)* The officer shall certify on the deposition that the witness was d!ly sworn to $y him and that the deposition is a tr!e record of the testimony 'i en $y the witness. Ie shall then sec!rely seal the deposition in an en elope indorsed with the title of the action and mar5ed KBeposition of (here insert the name of witness)L and shall promptly file it with the co!rt in which the action is pendin' or send it $y re'istered mail to the cler5 thereof for filin'. (%*" ,%.) SEC. %1. Not &e of f ' n!)*The officer ta5in' the deposition shall 'i e prompt notice of its filin' to all the parties. (%1" ,%.) SEC. %%. F%rn sh n! copies)++4pon payment of reasona$le char'es therefor" the officer shall f!rnish a copy of the deposition to any party or to the deponent. (%%" ,%.) SEC. %). Fa '%re to attend of "art/ ! # n! not &e)*If the party 'i in' the notice of the ta5in' of a deposition fails to attend and proceed therewith and another attends in person or $y co!nsel p!rs!ant to the notice" the co!rt may order the party 'i in' the notice to pay s!ch other party the amo!nt of the reasona$le e#penses inc!rred $y him and his co!nsel in so attendin' incl!din' reasona$le attorney>s fees. (%)a" ,%.) SEC. %.. Fa '%re of "art/ ! # n! not &e to ser#e s%4"oena)* If the party 'i in' the notice of the ta5in' of a deposition of a witness fails to ser e a s!$poena !pon him and the witness $eca!se of s!ch fail!re does not attend" and if another party attends in person or $y co!nsel $eca!se he e#pects the deposition of that witness to $e ta5en" the co!rt may order the party 'i in' the notice to pay to s!ch other party the amo!nt of the reasona$le e#penses inc!rred $y him and his co!nsel in so attendin' incl!din' reasona$le attorney>s fees. (%.a" ,%.) SEC. %5. De"os t on %"on wr tten nterro!ator es3 ser# &e of not &e and of nterro!ator es)*+ party desirin' to ta5e the deposition of any person !pon written interro'atories shall ser e them !pon e ery other party with a notice statin' the name and address of the person who is to answer them and the name of descripti e title and address of the officer $efore whom the deposition is to $e ta5en. &ithin ten (1*) days thereafter" a party so ser ed may ser e crossinterro'atories !pon the party proposin' to ta5e the deposition. &ithin fi e (5) days thereafter" the latter may ser e re-direct interro'atories !pon a party who has ser ed cross-interro'atories. &ithin three ()) days after $ein' ser ed with re-direct interro'atories" a party may ser e recrossinterro'atories !pon the party proposin' to ta5e the deposition. (%5" ,%.) SEC. %/. Off &ers to ta:e res"onses and "re"are re&ord)*+ copy of the notice and copies of all interro'atories ser ed shall $e deli ered $y the party ta5in' the deposition to

the officer desi'nated in the notice" who shall proceed promptly" in the manner pro ided $y sections 10" 12 and %* of this ,!le" to ta5e the testimony of the witness in response to the interro'atories and to prepare" certify" and filed or mail the deposition" attachin' thereto the copy of the notice and the interro'atories recei ed $y him. (%/" ,%.) SEC. %0. Not &e of f ' n! and f%rn sh n! &o" es) *&hen a deposition !pon interro'atories is filed" the officer ta5in' it shall promptly 'i e notice thereof to all the parties" and may f!rnish copies to them or to the deponent !pon payment of reasona$le char'es therefor. (%0" ,%.) SEC. %1. Orders for the "rote&t on of "art es and de"onents)*+fter the ser ice of the interro'atories and prior to the ta5in' of the testimony of the deponent" the co!rt in which the action is pendin'" on motion promptly made $y a party or a deponent" and for 'ood ca!se shown" may ma5e any order specified in sections 15" 1/ and 11 of this ,!le which is appropriate and (!st or an order that the deposition shall not $e ta5en $efore the officer desi'nated in the notice or that it shall not $e ta5en e#cept !pon oral e#amination. (%1a" ,%.) SEC. %2. Effe&t of errors and rre!%'ar t es n de"os t ons)* (a) As to not &e.+ll errors and irre'!larities in the notice for ta5in' a deposition are wai ed !nless written o$(ection is promptly ser ed !pon the party 'i in' the notice. ($) As to d s9%a' f &at on of off &er) O$(ection to ta5in' a deposition $eca!se of dis3!alification of the officer $efore whom it is to $e ta5en is wai ed !nless made $efore the ta5in' of the deposition $e'ins or as soon thereafter as the dis3!alification $ecomes 5nown or co!ld $e disco ered with reasona$le dili'ence. (c) As to &o("eten&/ or re'e#an&/ of e# den&e)O$(ections to the competency of a witness or the competency" rele ancy" or materiality of testimony are not wai ed $y fail!re to ma5e them $efore or d!rin' the ta5in' of the deposition" !nless the 'ro!nd of the o$(ection is one which mi'ht ha e $een o$ iated or remo ed if presented at that time. (d) As to ora' e0a( nat on and other "art &%'ars)Errors and irre'!larities occ!rrin' at the oral e#amination in the manner of ta5in' the deposition" in the form of the 3!estions or answers" in the oath or affirmation" or in the cond!ct of the parties and errors of any 5ind which mi'ht $e o$ iated" remo ed" or c!red if promptly prosec!ted" are wai ed !nless reasona$le o$(ection thereto is made at the ta5in' of the deposition. (e) As to for( of wr tten nterro!ator es)O$(ections to the form of written interro'atories s!$mitted !nder sections %5 and %/ of this ,!le are wai ed !nless ser ed in writin' !pon the party propo!ndin' them within the time allowed for ser in' s!cceedin' cross or other interro'atories and within three ()) days after ser ice of the last interro'atories a!thoriDed. (f) As to (anner of "re"arat on) Errors and irre'!larities in the manner in which the testimony is transcri$ed or the deposition is prepared" si'ned" certified" sealed" indorsed" transmitted" filed" or otherwise dealt with $y the officer !nder

sections 10" 12" %* and %/ of this ,!le are wai ed !nless a motion to s!ppress the deposition or some part thereof is made with reasona$le promptness after s!ch defect is" or with d!e dili'ence mi'ht ha e $een" ascertained. (%2a" ,%.)

,47E %.

BE9OSITIONS 6E8O,E +CTION O, 9ENBINE +99E+7 SECTION 1. De"os t ons 4efore a&t on3 "et t on)*A person who desires to perpet!ate his own testimony or that of another person re'ardin' any matter that may $e co'niDa$le in any co!rt of the 9hilippines" may filed a erified petition in the co!rt of the place of the residence of any e#pected ad erse party. (1a" ,1).) SEC. %. 1ontents of "et t on.The petition shall $e entitled in the name of the petitioner and shall show: (a) that the petitioner e#pects to $e a party to an action in a co!rt of the 9hilippines $!t is presently !na$le to $rin' it or ca!se it to $e $ro!'ht@ ($) the s!$(ect matter of the e#pected action and his interest therein@ (c) the facts which he desires to esta$lish $y the proposed testimony and his reasons for desirin' to perpet!ate it@ (d) the names or a description of the persons he e#pects will $e ad erse parties and their addresses so far as 5nown@ and (e) the names and addresses of the persons to $e e#amined and the s!$stance of the testimony which he e#pects to elicit from each" and shall as5 for an order a!thoriDin' the petitioner to ta5e the depositions of the persons to $e e#amined named in the petition for the p!rpose of perpet!atin' their testimony. (%" ,1).) SEC. ). Not &e and ser# &e.The petitioner shall ser e a notice !pon each person named in the petition as an e#pected ad erse party" to'ether with a copy of the petition" statin' that the petitioner will apply to the co!rt" at a time and place named therein" for the order descri$ed in the petition. +t least twenty (%*) days $efore the date of the hearin'" the co!rt shall ca!se notice thereof to $e ser ed on the parties and prospecti e deponents in the manner pro ided for ser ice of s!mmons. ()a" ,1).) SEC. .. Order and e0a( nat on)*If the co!rt is satisfied that the perpet!ation of the testimony may pre ent a fail!re or delay of (!stice" it shall ma5e an order desi'natin' or descri$in' the persons whose deposition may $e ta5en and specifyin' the s!$(ect matter of the e#amination and whether the depositions shall $e ta5en !pon oral e#amination or written interro'atories. The depositions may then $e ta5en in accordance with ,!le %) $efore the hearin'. (.a" ,1).) SEC. 5. Referen&e to &o%rt.8or the p!rpose of applyin' ,!le %) to depositions for perpet!atin' testimony" each reference therein to the co!rt in which the action is pendin' shall $e deemed to refer to the co!rt in which the petition for s!ch deposition was filed. (5a" ,1).) SEC. /. Use of de"os t on)*If a deposition to perpet!ate testimony is ta5en !nder this ,!le" or if" altho!'h not so ta5en" it wo!ld $e admissi$le in e idence" it may $e !sed in any action in ol in' the same s!$(ect matter s!$se3!ently $ro!'ht in accordance with the

pro isions of sections . and 5 of ,!le %). (/a" ,1).) SEC. 0. De"os t ons "end n! a""ea')*If an appeal has $een ta5en from a (!d'ment of a co!rt" incl!din' the Co!rt of +ppeals in proper cases" or $efore the ta5in' of an appeal if the time therefor has not e#pired" the co!rt in which the (!d'ment was rendered may allow the ta5in' of depositions of witnesses to perpet!ate their testimony for !se in the e ent of f!rther proceedin's in the said co!rt. In s!ch case the party who desires to perpet!ate the testimony may ma5e a motion in the said co!rt for lea e to ta5e the depositions" !pon the same notice and ser ice thereof as if the action was pendin' therein. The motion shall state (a) the names and addresses of the persons to $e e#amined and the s!$stance of the testimony which he e#pects to elicit from each@ and ($) the reason for perpet!atin' their testimony. If the co!rt finds that the perpet!ation of the testimony is proper to a oid a fail!re or delay of (!stice" it may ma5e an order allowin' the depositions to $e ta5en" and there!pon the depositions may $e ta5en and !sed in the same manner and !nder the same conditions as are prescri$ed in these ,!les for depositions ta5en in pendin' actions. (0a" ,1).)

written interro'atories may not $e compelled $y the ad erse party to 'i e testimony in open co!rt" or to 'i e a deposition pendin' appeal. (n).

,47E %5

INTE,,OE+TO,IES TO 9+,TIES SECTION 1. Interro!ator es to "art es3 ser# &e thereof)* 4nder the same conditions specified in section 1 of ,!le %)" any party desirin' to elicit material and rele ant facts from any ad erse parties shall file and ser e !pon the latter written interro'atories to $e answered $y the party ser ed or" if the party ser ed is a p!$lic or pri ate corporation or a partnership or association" $y any officer thereof competent to testify in its $ehalf. (1a) SEC. %. Answer to nterro!ator es)* The interro'atories shall $e answered f!lly in writin' and shall $e si'ned and sworn to $y the person ma5in' them. The party !pon whom the interro'atories ha e $een ser ed shall file and ser e a copy of the answers on the party s!$mittin' the interro'atories within fifteen (15) days after ser ice thereof" !nless the co!rt" on motion and for 'ood ca!se shown" e#tends or shortens the time. (%a) SEC. ). O4$e&t ons to nterro!ator es)* O$(ections to any interro'atories may $e presented to the co!rt within ten (1*) days after ser ice thereof" with notice as in case of a motion@ and answers shall $e deferred !ntil the o$(ections are resol ed" which shall $e at as early a time as is practica$le. ()a) SEC. .. N%(4er of nterro!ator es)*No party may" witho!t lea e of co!rt" ser e more than one set of interro'atories to $e answered $y the same party. (.) SEC. 5. S&o"e and %se of nterro!ator es)* Interro'atories may relate to any matters that can $e in3!ired into !nder section % of ,!le %)" and the answers may $e !sed for the same p!rposes pro ided in section . of the same ,!le. (5a) SEC. /. Effe&t of fa '%re to ser#e wr tten nterro!ator es)* 4nless thereafter allowed $y the co!rt for 'ood ca!se shown and to pre ent a fail!re of (!stice" a party not ser ed with