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1997 RULES OF CIVIL PROCEDURE, AS AMENDED (RULES 1-71, RULES OF COURT) EFFECTIVE JULY 1, 1997 Per Resolution of the

Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, !!" RULES OF COURT Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the follo ing rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of la , the Integrated !ar, and legal assistance to the underprivileged"

RULE 1 Genera Pr!"#$#!n$ Se%&#!n 1' #itle of the Rules# $ %hese &ule shall be 'no n and cited as the &ules of Court# (() Se%&#!n (' $n %hat &ourts appli&a'le# $ %hese &ules shall apply in all the courts, e)cept as other ise provided by the Supreme Court# (n) Se%&#!n )' Cases go(erned# $ %hese &ules shall govern the procedure to be observed in actions, civil or criminal and special proceedings# (a) A civil action is one by hich a party sues another for the enforcement or protection of a right, or the prevention or redress of a rong, ((a, &*) A civil action may either be ordinary or special# !oth are governed by the rules for ordinary civil actions, sub+ect to the specific rules prescribed for a special civil action# (n) (b) A criminal action is one by hich the State prosecutes a person for an act or omission punishable by la # (n) (c) A special proceeding is a remedy by hich a party see's to establish a status, a right, or a particular fact# (*a, &*) Se%&#!n *' $n %hat &ase not appli&a'le# $ %hese &ules shall not apply to election cases, land registration, cadastral, naturali,ation and insolvency proceedings, and other cases not herein provided for, e)cept by analogy or in a suppletory character and henever practicable and convenient# (&(-.a) Se%&#!n +' Commen&ement of a&tion# $ A civil action is commenced by the filing of the original complaint in court# If an additional defendant is impleaded in a later pleading, the action is commenced ith regard to him on the dated of the filing of such later pleading, irrespective of hether the motion for its admission, if necessary, is denied by the court# (/a) Se%&#!n ,' Constru&tion# $ %hese &ules shall be liberally construed in order to promote their ob+ective of securing a +ust, speedy and ine)pensive disposition of every action and proceeding# (*a)

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

RULE ( Ca/$e !0 A%&#!n Se%&#!n 1' )rdinary &i(il a&tions, 'asis of. $ 0very ordinary civil action must be based on a cause of action# (n) Se%&#!n (' Cause of a&tion, defined# $ A cause of action is the act or omission by hich a party violates a right of another# (n) Se%&#!n )' )ne suit for a single &ause of a&tion# $ A party may not institute more than one suit for a single cause of action# (.a) Se%&#!n *' Splitting a single &ause of a&tion1 effe&t of. $ If t o or more suits are instituted on the basis of the same cause of action, the filing of one or a +udgment upon the merits in any one is available as a ground for the dismissal of the others# (-a) Se%&#!n +' *oinder of &auses of a&tion# $ A party may in one pleading assert, in the alternative or other ise, as many causes of action as he may have against an opposing party, sub+ect to the follo ing conditions" (a) %he party +oining the causes of action shall comply ith the rules on +oinder of parties1 (b) %he +oinder shall not include special civil actions or actions governed by special rules1 (c) 2here the causes of action are bet een the same parties but pertain to different venues or +urisdictions, the +oinder may be allo ed in the &egional %rial Court provided one of the causes of action falls ithin the +urisdiction of said court and the venue lies therein1 and (d) 2here the claims in all the causes action are principally for recovery of money, the aggregate amount claimed shall be the test of +urisdiction# (5a) Se%&#!n ,' Mis+oinder of &auses of a&tion# $ 3is+oinder of causes of action is not a ground for dismissal of an action# A mis+oined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded ith separately# (n)

RULE ) Par&#e$ &! C#"# A%&#!n$ Se%&#!n 1' ,ho may 'e parties1 plaintiff and defendant# $ 4nly natural or +uridical persons, or entities authori,ed by la may be parties in a civil action# %he term 5plaintiff5 may refer to the claiming party, the counter6claimant, the cross6claimant, or the third (fourth, etc#) $ party plaintiff# %he term 5defendant5 may refer to the original defending party, the defendant in a counter6claim, the cross6defendant, or the third (fourth, etc#) $ party defendant# ((a) Se%&#!n (' Parties in interest# $ A real party in interest is the party ho stands to be benefited or in+ured by the +udgment in the suit, or the party entitled to the avails of the suit# 7nless other ise authori,ed by la or these &ules, every action must be prosecuted or defended in the name of the real party in interest# (*a)

Se%&#!n )' Representati(es as parties# $ 2here the action is allo ed to be prosecuted and defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real property in interest# A representative may be a trustee of an e)pert trust, a guardian, an e)ecutor or administrator, or a party authori,ed by la or these &ules# An agent acting in his o n name and for the benefit of an undisclosed principal may sue or be sued ithout +oining the principal e)cept hen the contract involves things belonging to the principal# (.a) Se%&#!n *' Spouses as parties# $ 8usband and ife shall sue or be sued +ointly, e)cept as provided by la # (-a) Se%&#!n +' Minor or in&ompetent persons# $ A minor or a person alleged to be incompetent, may sue or be sued ith the assistance of his father, mother, guardian, or if he has none, a guardian ad litem# (5a) Se%&#!n ,' Permissi(e +oinder of parties# $ All persons in hom or against hom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to e)ist, hether +ointly, severally, or in the alternative, may, e)cept as other ise provided in these &ules, +oin as plaintiffs or be +oined as defendants in one complaint, here any 9uestion of la or fact common to all such plaintiffs or to all such defendants may arise in the action1 but the court may ma'e such orders as may be +ust to prevent any plaintiff or defendant from being embarrassed or put to e)pense in connection ith any proceedings in hich he may have no interest# (/n) Se%&#!n 7' Compulsory +oinder of indispensa'le parties# $ Parties in interest ithout hom no final determination can be had of an action shall be +oined either as plaintiffs or defendants# (:) Se%&#!n 1' Ne&essary party# $ A necessary party is one ho is not indispensable but ho ought to be +oined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim sub+ect of the action# (;a) Se%&#!n 9' Non-+oinder of ne&essary parties to 'e pleaded# $ 2henever in any pleading in hich a claim is asserted a necessary party is not +oined, the pleader shall set forth his name, if 'no n, and shall state hy he is omitted# Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if +urisdiction over his person may be obtained# %he failure to comply ith the order for his inclusion, ithout +ustifiable cause, shall be deemed a aiver of the claim against such party# %he non6inclusion of a necessary party does not prevent the court from proceeding in the action, and the +udgment rendered therein shall be ithout pre+udice to the rights of such necessary party# (;a, <a) Se%&#!n 12' .n%illing &o-plaintiff. $ If the consent of any party ho should be +oined as plaintiff can not be obtained, he may be made a defendant and the reason therefor shall be stated in the complaint# ((=) Se%&#!n 11' Mis+oinder and non-+oinder of parties# $ >either mis+oinder nor non6+oinder of parties is ground for dismissal of an action# Parties may be dropped or added by order of the court on motion of any party or on its o n initiative at any stage the action and on such terms as are +ust# Any claim against a mis+oined party may be severed and proceeded ith separately# (((a) Se%&#!n 1(' Class suit# $ 2hen the sub+ect matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to +oin all as parties, a number of them hich the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all# Any party in interest shall have the right to intervene to protect his individual interest# ((*a) Se%&#!n 1)' Alternati(e defendants# $ 2here the plaintiff is uncertain against ho of several persons he is entitled to relief, he may +oin any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent ith a right of relief against the other# ((.a) Se%&#!n 1*' .n/no%n identity or name of defendant# $ 2henever the identity or name of a defendant is un'no n, he may be sued as the un'no n o ner heir devisee, or by such other designation as the case may re9uire, hen his identity or true name is discovered, the pleading must be amended accordingly# ((-)

Se%&#!n 1+' 0ntity %ithout +uridi&al personality as defendant# $ 2hen t o or more persons not organi,ed as an entity ith +uridical personality enter into a transaction, they may be sued under the name by hich they are generally or commonly 'no n# In the ans er of such defendant, the name and addresses of the persons composing said entity must all be revealed# ((5a) Se%&#!n 1,' 1eath of party1 duty of &ounsel# $ 2henever a party to a pending action dies, and the claim is not thereby e)tinguished, it shall be the duty of his counsel to inform the court ithin thirty (.=) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives# ?ailure of counsel to comply ith his duty shall be a ground for disciplinary action# %he heirs of the deceased may be allo ed to be substituted for the deceased, ithout re9uiring the appointment of an e)ecutor or administrator and the court may appoint a guardian ad litem for the minor heirs# %he court shall forth ith order said legal representative or representatives to appear and be substituted ithin a period of thirty (.=) days from notice# If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear ithin the specified period, the court may order the opposing party, ithin a specified time to procure the appointment of an e)ecutor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased# %he court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs# ((/a, (:a) Se%&#!n 17' 1eath or separation of a party %ho is a pu'li& offi&er# $ 2hen a public officer is a party in an action in his official capacity and during its pendency dies, resigns, or other ise ceases to hold office, the action may be continued and maintained by or against his successor if, ithin thirty (.=) days after the successor ta'es office or such time as may be granted by the court, it is satisfactorily sho n to the court by any party that there is a substantial need for continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue to adopt or continue the action of his predecessor# !efore a substitution is made, the party or officer to be affected, unless e)pressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to be heard# ((;a) Se%&#!n 11' $n&ompeten&y or in&apa&ity# $ If a party becomes incompetent or incapacitated, the court, upon motion ith notice, may allo the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian ad litem# ((<a) Se%&#!n 19' #ransfer of interest# $ In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to hom the interest is transferred to be substituted in the action or +oined ith the original party# (*=) Se%&#!n (2' A&tion and &ontra&tual money &laims# $ 2hen the action is for recovery of money arising from contract, e)press or implied, and the defendant dies before entry of final +udgment in the court in hich the action as pending at the time of such death, it shall not be dismissed but shall instead be allo ed to continue until entry of final +udgment# A favorable +udgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these &ules for prosecuting claims against the estate of a deceased person# (*(a) Se%&#!n (1' $ndigent party# $ A party may be authori,ed to litigate his action, claim or defense as an indigent if the court, upon an e2 parte application and hearing, is satisfied that the party is one ho has no money or property sufficient and available for food, shelter and basic necessities for himself and his family# Such authority shall include an e)emption from payment of doc'et and other la ful fees, and of transcripts of stenographic notes hich the court may order to be furnished him# %he amount of the doc'et and other la ful fees hich the indigent as e)empted from paying shall be a lien on any +udgment rendered in the case favorable to the indigent, unless the court other ise provides# Any adverse party may contest the grant of such authority at any time before +udgment is rendered by the trial court# If the court should determine after hearing that the party declared as an indigent is in fact a person ith sufficient

income or property, the proper doc'et and other la ful fees shall be assessed and collected by the cler' of court# If payment is not made ithin the time fi)ed by the court, e)ecution shall issue or the payment thereof, ithout pre+udice to such other sanctions as the court may impose# (**a) Se%&#!n ((' Noti&e to the Soli&itor 3eneral# $ In any action involving the validity of any treaty, la , ordinance, e)ecutive order, presidential decree, rules or regulations, the court, in its discretion, may re9uire the appearance of the Solicitor @eneral ho may be heard in person or a representative duly designated by him# (*.a)

RULE * Ven/e !0 A%&#!n$ Se%&#!n 1' 4enue of real a&tions# $ Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court hich has +urisdiction over the area herein the real property involved, or a portion thereof, is situated# ?orcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city herein the real property involved, or a portion thereof, is situated# ((AaB, *AaBa) Se%&#!n (' 4enue of personal a&tions# $ All other actions may be commenced and tried here the plaintiff or any of the principal plaintiffs resides, or here the defendant or any of the principal defendants resides, or in the case of a non6resident defendant here he may be found, at the election of the plaintiff# (*AbBa) Se%&#!n )' 4enue of a&tions against nonresidents# $ If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place here the plaintiff resides, or here the property or any portion thereof is situated or found# (*AcBa) Se%&#!n *' ,hen Rule not appli&a'le# $ %his &ule shall not apply# (a) In those cases here a specific rule or la provides other ise1 or (b) 2here the parties have validly agreed in riting before the filing of the action on the e)clusive venue thereof# (.a, 5a)

RULE + Un#0!r3 Pr!%e-/re In Tr#a C!/r&$ Se%&#!n 1' .niform pro&edure# $ %he procedure in the 3unicipal %rial Courts shall be the same as in the &egional %rial Courts, e)cept (a) here a particular provision e)pressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the &ule on Summary Procedure# (n) Se%&#!n (' Meaning of terms# $ %he term 53unicipal %rial Courts5 as used in these &ules shall include 3etropolitan %rial Courts, 3unicipal %rial Courts in Cities, 3unicipal %rial Courts, and 3unicipal Circuit %rial Courts# ((a)

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

RULE , 5#n-$ O0 P ea-#n4$ Se%&#!n 1' Pleadings defined# $ Pleadings are the ritten statements of the respective claims and defenses of the parties submitted to the court for appropriate +udgment# ((a) Se%&#!n (' Pleadings allo%ed# $ %he claims of a party are asserted in a complaint, counterclaim, cross6claim, third (fourth, etc#)6party complaint, or complaint6in6intervention# %he defenses of a party are alleged in the ans er to the pleading asserting a claim against him# An ans er may be responded to by a reply# (n) Se%&#!n )' Complaint# $ %he complaint is the pleading alleging the plaintiffCs cause or causes of action# %he names and residences of the plaintiff and defendant must be stated in the complaint# (.a) Se%&#!n *' Ans%er# $ An ans er is a pleading in hich a defending party sets forth his defenses# (-a) Se%&#!n +' 1efenses# $ Defenses may either be negative or affirmative# (a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action# (b) An affirmative defense is an allegation of a ne matter hich, hile hypothetically admitting the material allegations in the pleading of the claimant, ould nevertheless prevent or bar recovery by him# %he affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in ban'ruptcy, and any other matter by ay of confession and avoidance# (5a) Se%&#!n ,' Counter&laim# $ A counterclaim is any claim hich a defending party may have against an opposing party# (/a) Se%&#!n 7' Compulsory &ounter&laim# $ A compulsory counterclaim is one hich, being cogni,able by the regular courts of +ustice, arises out of or is connected ith the transaction or occurrence constituting the sub+ect matter of the opposing partyCs claim and does not re9uire for its ad+udication the presence of third parties of hom the court cannot ac9uire +urisdiction# Such a counterclaim must be ithin the +urisdiction of the court both as to the amount and the nature thereof, e)cept that in an original action before the &egional %rial Court, the counter6claim may be considered compulsory regardless of the amount# (n) Se%&#!n 1' Cross-&laim# $ A cross6claim is any claim by one party against a co6party arising out of the transaction or occurrence that is the sub+ect matter either of the original action or of a counterclaim therein# Such cross6claim may include a claim that the party against hom it is asserted is or may be liable to the cross6claimant for all or part of a claim asserted in the action against the cross6claimant# (:) Se%&#!n 9' Counter-&ounter&laims and &ounter-&ross&laims# $ A counter6claim may be asserted against an original counter6claimant# A cross6claim may also be filed against an original cross6claimant# (n)

Se%&#!n 12' Reply# $ A reply is a pleading, the office or function of hich is to deny, or allege facts in denial or avoidance of ne matters alleged by ay of defense in the ans er and thereby +oin or ma'e issue as to such ne matters# If a party does not file such reply, all the ne matters alleged in the ans er are deemed controverted# If the plaintiff ishes to interpose any claims arising out of the ne matters so alleged, such claims shall be set forth in an amended or supplemental complaint# ((() Se%&#!n 11' #hird, 5fourth, et&.67party &omplaint# $ A third (fourth, etc#) $ party complaint is a claim that a defending party may, ith leave of court, file against a person not a party to the action, called the third (fourth, etc#) $ party defendant for contribution, indemnity, subrogation or any other relief, in respect of his opponentCs claim# ((*a) Se%&#!n 1(' Bringing ne% parties# $ 2hen the presence of parties other than those to the original action is re9uired for the granting of complete relief in the determination of a counterclaim or cross6claim, the court shall order them to be brought in as defendants, if +urisdiction over them can be obtained# ((-) Se%&#!n 1)' Ans%er to third 5fourth, et&.67party &omplaint# $ A third (fourth, etc#) $ party defendant may allege in his ans er his defenses, counterclaims or cross6claims, including such defenses that the third (fourth, etc#) $ party plaintiff may have against the original plaintiffCs claim# In proper cases, he may also assert a counterclaim against the original plaintiff in respect of the latterCs claim against the third6party plaintiff# (n)

RULE 7 Par&$ !0 a P ea-#n4 Se%&#!n 1' Caption# $ %he caption sets forth the name of the court, the title of the action, and the doc'et number if assigned# %he title of the action indicates the names of the parties# %hey shall all be named in the original complaint or petition1 but in subse9uent pleadings, it shall be sufficient if the name of the first party on each side be stated ith an appropriate indication hen there are other parties# %heir respective participation in the case shall be indicated# ((a, *a) Se%&#!n (' #he 'ody# $ %he body of the pleading sets fourth its designation, the allegations of the partyCs claims or defenses, the relief prayed for, and the date of the pleading# (n) (a) Paragraphs# $ %he allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily identified, each of hich shall contain a statement of a single set of circumstances so far as that can be done ith convenience# A paragraph may be referred to by its number in all succeeding pleadings# (.a) (b) 8eadings# $ 2hen t o or more causes of action are +oined the statement of the first shall be prefaced by the ords 5first cause of action,CC of the second by 5second cause of action5, and so on for the others# 2hen one or more paragraphs in the ans er are addressed to one of several causes of action in the complaint, they shall be prefaced by the ords 5ans er to the first cause of action5 or 5ans er to the second cause of action5 and so on1 and hen one or more paragraphs of the ans er are addressed to several causes of action, they shall be prefaced by ords to that effect# (-) (c) Relief. $ %he pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed +ust or e9uitable# (.a, &/) (d) 1ate# $ 0very pleading shall be dated# (n)

Se%&#!n )' Signature and address# $ 0very pleading must be signed by the party or counsel representing him, stating in either case his address hich should not be a post office bo)# %he signature of counsel constitutes a certificate by him that he has read the pleading1 that to the best of his 'no ledge, information, and belief there is good ground to support it1 and that it is not interposed for delay# An unsigned pleading produces no legal effect# 8o ever, the court may, in its discretion, allo such deficiency to be remedied if it shall appear that the same as due to mere inadvertence and not intended for delay# Counsel ho deliberately files an unsigned pleading, or signs a pleading in violation of this &ule, or alleges scandalous or indecent matter therein, or fails promptly report to the court a change of his address, shall be sub+ect to appropriate disciplinary action# (5a) Se%&#!n *' 4erifi&ation# $ 0)cept hen other ise specifically re9uired by la or rule, pleadings need not be under oath, verified or accompanied by affidavit #(5a) A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his 'no ledge and belief# A pleading re9uired to be verified hich contains a verification based on 5information and belief5, or upon 5'no ledge, information and belief5, or lac's a proper verification, shall be treated as an unsigned pleading# (/a) Se%&#!n +' Certifi&ation against forum shopping# $ %he plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a s orn certification anne)ed thereto and simultaneously filed there ith" (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or 9uasi6+udicial agency and, to the best of his 'no ledge, no such other action or claim is pending therein1 (b) if there is such other pending action or claim, a complete statement of the present status thereof1 and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact ithin five (5) days therefrom to the court herein his aforesaid complaint or initiatory pleading has been filed# ?ailure to comply ith the foregoing re9uirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case ithout pre+udice, unless other ise provided, upon motion and after hearing# %he submission of a false certification or non6compliance ith any of the underta'ings therein shall constitute indirect contempt of court, ithout pre+udice to the corresponding administrative and criminal actions# If the acts of the party or his counsel clearly constitute illful and deliberate forum shopping, the same shall be ground for summary dismissal ith pre+udice and shall constitute direct contempt, as ell as a cause for administrative sanctions# (n)

RULE 1 Manner !0 Ma6#n4 A e4a&#!n$ #n P ea-#n4$ Se%&#!n 1' $n general# $ 0very pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on hich the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts# (() If a defense relied on is based on la , the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated# (n) Se%&#!n (' Alternati(e &auses of a&tion or defenses# $ A party may set forth t o or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses# 2hen t o or more statements are made in the alternative and one of them if made independently ould be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements# (*)

Se%&#!n )' Conditions pre&edent# $ In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient# (.) Se%&#!n *' Capa&ity# $ ?acts sho ing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal e)istence of an organi,ed association of person that is made a party, must be averred# A party desiring to raise an issue as to the legal e)istence of any party or the capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial, hich shall include such supporting particulars as are peculiarly ithin the pleaderCs 'no ledge# (-) Se%&#!n +' 9raud, mista/e, &ondition of the mind# $ In all averments of fraud or mista'e the circumstances constituting fraud or mista'e must be stated ith particularity# 3alice, intent, 'no ledge, or other condition of the mind of a person may be averred generally#(5a) Se%&#!n ,' *udgment# $ In pleading a +udgment or decision of a domestic or foreign court, +udicial or 9uasi6+udicial tribunal, or of a board or officer, it is sufficient to aver the +udgment or decision ithout setting forth matter sho ing +urisdiction to render it# (/) Se%&#!n 7' A&tion or defense 'ased on do&ument# $ 2henever an action or defense is based upon a ritten instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an e)hibit, hich shall be deemed to be a part of the pleading, or said copy may ith li'e effect be set forth in the pleading# (:) Se%&#!n 1' 8o% to &ontest su&h do&uments# $ 2hen an action or defense is founded upon a ritten instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due e)ecution of the instrument shall be deemed admitted unless the adverse party, under oath specifically denies them, and sets forth hat he claims to be the facts, but the re9uirement of an oath does not apply hen the adverse party does not appear to be a party to the instrument or hen compliance ith an order for an inspection of the original instrument is refused# (;a) Se%&#!n 9' )ffi&ial do&ument or a&t# $ In pleading an official document or official act, it is sufficient to aver that the document as issued or the act done in compliance ith la # (<) Se%&#!n 12' Spe&ifi& denial# $ A defendant must specify each material allegation of fact the truth of hich he does not admit and, henever practicable, shall set forth the substance of the matters upon hich he relies to support his denial# 2here a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder# 2here a defendant is ithout 'no ledge or information sufficient to form a belief as to the truth of a material averment made to the complaint, he shall so state, and this shall have the effect of a denial# ((=a) Se%&#!n 11' Allegations not spe&ifi&ally denied deemed admitted# $ 3aterial averment in the complaint, other than those as to the amount of unli9uidated damages, shall be deemed admitted hen not specifically denied# Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath# ((a, &<) Se%&#!n 1(' Stri/ing out of pleading or matter &ontained therein# $ 7pon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these &ules, upon motion made by a party ithin t enty (*=) days after the service of the pleading upon him, or upon the courtCs o n initiative at any time, the court may order any pleading to be stric'en out or that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stric'en out therefrom# (5, &<)

RULE 9 E00e%& !0 Fa# /re &! P eaSe%&#!n 1' 1efenses and o'+e&tions not pleaded# $ Defenses and ob+ections not pleaded either in a motion to dismiss or in the ans er are deemed aived# 8o ever, hen it appears from the pleadings or the evidence on record

that the court has no +urisdiction over the sub+ect matter, that there is another action pending bet een the same parties for the same cause, or that the action is barred by a prior +udgment or by statute of limitations, the court shall dismiss the claim# (*a) Se%&#!n (' Compulsory &ounter&laim, or &ross-&laim, not set up 'arred# $ A compulsory counterclaim, or a cross6 claim, not set up shall be barred# (-a) Se%&#!n )' 1efault1 de&laration of. $ If the defending party fails to ans er ithin the time allo ed therefor, the court shall, upon motion of the claiming party ith notice to the defending party, and proof of such failure, declare the defending party in default# %hereupon, the court shall proceed to render +udgment granting the claimant such relief as his pleading may arrant, unless the court in its discretion re9uires the claimant to submit evidence# Such reception of evidence may be delegated to the cler' of court# ((a, &(;) (a) 0ffe&t of order of default# $ A party in default shall be entitled to notice of subse9uent proceedings but not to ta'e part in the trial# (*a, &(;) (b) Relief from order of default# $ A party declared in default may at any time after notice thereof and before +udgment file a motion under oath to set aside the order of default upon proper sho ing that his failure to ans er as due to fraud, accident, mista'e or e)cusable negligence and that he has a meritorious defense# In such case, the order of default may be set aside on such terms and conditions as the +udge may impose in the interest of +ustice# (.a, &(;) (c) 0ffe&t of partial default# $ 2hen a pleading asserting a claim states a common cause of action against several defending parties, some of hom ans er and the others fail to do so, the court shall try the case against all upon the ans ers thus filed and render +udgment upon the evidence presented# (-a, &(;)# (d) 02tent of relief to 'e a%arded# $ A +udgment rendered against a party in default shall not e)ceed the amount or be different in 'ind from that prayed for nor a ard unli9uidated damages# (5a, &(;)# (e) ,here no defaults allo%ed# $ If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to ans er, the court shall order the prosecuting attorney to investigate hether or not a collusion bet een the parties e)ists, and if there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated# (/a, &(;)

RULE 12 A3en-e- an- S/77 e3en&a P ea-#n4$ Se%&#!n 1' Amendments in general# $ Pleadings may be amended by adding or stri'ing out an allegation or the name of any party, or by correcting a mista'e in the name of a party or a mista'en or inade9uate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, ithout regard to technicalities, and in the most e)peditious and ine)pensive manner# (() Se%&#!n (' Amendments as a matter of right# $ A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time ithin ten ((=) days after it is served# (*a) Se%&#!n )' Amendments 'y lea(e of &ourt# $ 0)cept as provided in the ne)t preceding section, substantial amendments may be made only upon leave of court# !ut such leave may be refused if it appears to the court that the motion as made ith intent to delay# 4rders of the court upon the matters provided in this section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard# (.a) Se%&#!n *' 9ormal amendments# $ A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no pre+udice is caused thereby to the adverse party# (-a)

Se%&#!n +' Amendment to &onform to or authori:e presentation of e(iden&e# $ 2hen issues not raised by the pleadings are tried ith the e)press or implied consent of the parties they shall be treated in all respects as if they had been raised in the pleadings# Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after +udgment1 but failure to amend does not effect the result of the trial of these issues# If evidence is ob+ected to at the trial on the ground that it is not ithin the issues made by the pleadings, the court may allo the pleadings to be amended and shall do so ith liberality if the presentation of the merits of the action and the ends of substantial +ustice ill be subserved thereby# %he court may grant a continuance to enable the amendment to be made# (5a) Se%&#!n ,' Supplemental pleadings# $ 7pon motion of a party the court may, upon reasonable notice and upon such terms as are +ust, permit him to serve a supplemental pleading setting forth transactions, occurrences or events hich have happened since the date of the pleading sought to be supplemented# %he adverse party may plead thereto ithin ten ((=) days from notice of the order admitting the supplemental pleading# (/a) Se%&#!n 7' 9iling of amended pleadings# $ 2hen any pleading is amended, a ne copy of the entire pleading, incorporating the amendments, hich shall be indicated by appropriate mar's, shall be filed# (:a) Se%&#!n 1' 0ffe&t of amended pleadings# $ An amended pleading supersedes the pleading that it amends# 8o ever, admissions in superseded pleadings may be received in evidence against the pleader, and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed aived# (n)

RULE 11 89en &! F# e Re$7!n$#"e P ea-#n4$ Se%&#!n 1' Ans%er to the &omplaint# $ %he defendant shall file his ans er to the complaint ithin fifteen ((5) days after service of summons, unless a different period is fi)ed by the court# (la) Se%&#!n (' Ans%er of a defendant foreign pri(ate +uridi&al entity# $ 2here the defendant is a foreign private +uridical entity and service of summons is made on the government official designated by la to receive the same, the ans er shall be filed ithin thirty (.=) days after receipt of summons by such entity# (*a) Se%&#!n )' Ans%er to amended &omplaint# $ 2hen the plaintiff files an amended complaint as a matter of right, the defendant shall ans er the same ithin fifteen ((5) days after being served ith a copy thereof# 2here its filing is not a matter of right, the defendant shall ans er the amended complaint ithin ten (l=) days from notice of the order admitting the same# An ans er earlier filed may serve as the ans er to the amended complaint if no ne ans er is filed# %his &ule shall apply to the ans er to an amended counterclaim, amended cross6claim, amended third (fourth, etc#) $party complaint, and amended complaint6in6intervention# (.a) Se%&#!n *' Ans%er to &ounter&laim or &ross-&laim# $ A counterclaim or cross6claim must be ans ered ithin ten ((=) days from service# (-) Se%&#!n +' Ans%er to third 5fourth, et&.6-party &omplaint# $ %he time to ans er a third (fourth, etc#)$party complaint shall be governed by the same rule as the ans er to the complaint# (5a) Se%&#!n ,' Reply# $ A reply may be filed ithin ten ((=) days from service of the pleading responded to# (/) Se%&#!n 7' Ans%er to supplemental &omplain# $ A supplemental complaint may be ans ered ithin ten ((=) days from notice of the order admitting the same, unless a different period is fi)ed by the court# %he ans er to the complaint shall serve as the ans er to the supplemental complaint if no ne or supplemental ans er is filed# (n)

Se%&#!n 1' 02isting &ounter&laim or &ross-&laim# $ A compulsory counterclaim or a cross6claim that a defending party has at the time he files his ans er shall be contained therein# (;a, &/) Se%&#!n 9' Counter&laim or &ross-&laim arising after ans%er# $ A counterclaim or a cross6claim hich either matured or as ac9uired by a party after serving his pleading may, ith the permission of the court, be presented as a counterclaim or a cross6claim by supplemental pleading before +udgment# (<, &/) Se%&#!n 12' )mitted &ounter&laim or &ross-&laim# $ 2hen a pleader fails to set up a counterclaim or a cross6claim through oversight, inadvertence, or e)cusable neglect, or hen +ustice re9uires, he may, by leave of court, set up the counterclaim or cross6claim by amendment before +udgment# (., &<) Se%&#!n 11' 02tension of time to plead# $ 7pon motion and on such terms as may be +ust, the court may e)tend the time to plead provided in these &ules# %he court may also, upon li'e terms, allo an ans er or other pleading to be filed after the time fi)ed by these &ules# (:)

RULE 1( :# !0 Par&#%/ ar$ Se%&#!n 1' ,hen applied for1 purpose# $ !efore responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter hich is not averted ith sufficient definiteness or particularity to enable him properly to prepare his responsive pleading# If the pleading is a reply, the motion must be filed ithin ten ((=) days from service thereof# Such motion shall point out the defects complained of, the paragraphs herein they are contained, and the details desired# ((a) Se%&#!n (' A&tion 'y the &ourt# $ 7pon the filing of the motion, the cler' of court must immediately bring it to the attention of the court hich may either deny or grant it outright, or allo the parties the opportunity to be heard# (n) Se%&#!n )' Complian&e %ith order# $ If the motion is granted, either in hole or in part, the compliance there ith must be effected ithin ten ((=) days from notice of the order, unless a different period is fi)ed by the court# %he bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party# (n) Se%&#!n *' 0ffe&t of non-&omplian&e# $ If the order is not obeyed, or in case of insufficient compliance there ith, the court may order the stri'ing out of the pleading or the portions thereof to hich the order as directed or ma'e such other order as it deems +ust# ((AcBa) Se%&#!n +' Stay of period to file responsi(e pleading# $ After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the moving party may file his responsive pleading ithin the period to hich he as entitled at the time of filing his motion, hich shall not be less than five (5) days in any event# ((AbBa) Se%&#!n ,' Bill a part of pleading# $ A bill of particulars becomes part of the pleading for hich it is intended# ((AaBa)

RULE 1) F# #n4 an- Ser"#%e !0 P ea-#n4$, J/-43en&$ an- O&9er Pa7er$ Se%&#!n 1' Co(erage# $ %his &ule shall govern the filing of all pleadings and other papers, as ell as the service thereof, e)cept those for hich a different mode of service is prescribed# (n)

Se%&#!n (' 9iling and ser(i&e, defined# $ ?iling is the act of presenting the pleading or other paper to the cler' of court# Service is the act of providing a party ith a copy of the pleading or paper concerned# If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court# 2here one counsel appears for several parties, he shall only be entitled to one copy of any paper served upon him by the opposite side# (*a) Se%&#!n )' Manner of filing# $ %he filing of pleadings, appearances, motions, notices, orders, +udgments and all other papers shall be made by presenting the original copies thereof, plainly indicated as such, personally to the cler' of court or by sending them by registered mail# In the first case, the cler' of court shall endorse on the pleading the date and hour of filing# In the second case, the date of the mailing of motions, pleadings, or any other papers or payments or deposits, as sho n by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing, payment, or deposit in court# %he envelope shall be attached to the record of the case# ((a) Se%&#!n *' Papers re;uired to 'e filed and ser(ed# $ 0very +udgment, resolution, order, pleading subse9uent to the complaint, ritten motion, notice, appearance, demand, offer of +udgment or similar papers shall be filed ith the court, and served upon the parties affected# (*a) Se%&#!n +' Modes of ser(i&e# $ Service of pleadings motions, notices, orders, +udgments and other papers shall be made either personally or by mail# (.a) Se%&#!n ,' Personal ser(i&e# $ Service of the papers may be made by delivering personally a copy to the party or his counsel, or by leaving it in his office ith his cler' or ith a person having charge thereof# If no person is found in his office, or his office is not 'no n, or he has no office, then by leaving the copy, bet een the hours of eight in the morning and si) in the evening, at the partyCs or counselCs residence, if 'no n, ith a person of sufficient age and discretion then residing therein# (-a) Se%&#!n 7' Ser(i&e 'y mail# $ Service by registered mail shall be made by depositing the copy in the post office in a sealed envelope, plainly addressed to the party or his counsel at his office, if 'no n, other ise at his residence, if 'no n, ith postage fully prepaid, and ith instructions to the postmaster to return the mail to the sender after ten ((=) days if undelivered# If no registry service is available in the locality of either the senders or the addressee, service may be done by ordinary mail# (5a1 !ar 3atter >o# ;=., (: ?ebruary (<<;) Se%&#!n 1' Su'stituted ser(i&e# $ If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the t o preceding sections, the office and place of residence of the party or his counsel being un'no n, service may be made by delivering the copy to the cler' of court, ith proof of failure of both personal service and service by mail# %he service is complete at the time of such delivery# (/a) Se%&#!n 9' Ser(i&e of +udgments, final orders, or resolutions# $ Eudgments, final orders or resolutions shall be served either personally or by registered mail# 2hen a party summoned by publication has failed to appear in the action, +udgments, final orders or resolutions against him shall be served upon him also by publication at the e)pense of the prevailing party# (:a) Se%&#!n 12' Completeness of ser(i&e# $ Personal service is complete upon actual delivery# Service by ordinary mail is complete upon the e)piration of ten ((=) days after mailing, unless the court other ise provides# Service by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, hichever date is earlier# (;a) Se%&#!n 11' Priorities in modes of ser(i&e and filing# $ 2henever practicable, the service and filing of pleadings and other papers shall be done personally# 0)cept ith respect to papers emanating from the court, a resort to other modes must be accompanied by a ritten e)planation hy the service or filing as not done personally# A violation of this &ule may be cause to consider the paper as not filed# (n) Se%&#!n 1(' Proof of filing# $ %he filing of a pleading or paper shall be proved by its e)istence in the record of the case# If it is not in the record, but is claimed to have been filed personally, the filing shall be proved by the ritten or stamped ac'no ledgment of its filing by the cler' of court on a copy of the same1 if filed by registered mail, by the registry receipt and by the affidavit of the person ho did the mailing, containing a full statement of the date and place

of depositing the mail in the post office in a sealed envelope addressed to the court, ith postage fully prepaid, and ith instructions to the postmaster to return the mail to the sender after ten ((=) days if not delivered# (n) Se%&#!n 1)' Proof of Ser(i&e# $ Proof of personal service shall consist of a ritten admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of service# If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts sho ing compliance ith section : of this &ule# If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office# %he registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together ith the certified or s orn copy of the notice given by the postmaster to the addressee# ((=a) Se%&#!n 1*' Noti&e of lis pendens# $ In an action affecting the title or the right of possession of real property, the plaintiff and the defendant, hen affirmative relief is claimed in his ans er, may record in the office of the registry of deeds of the province in hich the property is situated notice of the pendency of the action# Said notice shall contain the names of the parties and the ob+ect of the action or defense, and a description of the property in that province affected thereby# 4nly from the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby, be deemed to have constructive notice of the pendency of the action, and only of its pendency against the parties designated by their real names# %he notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, after proper sho ing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the rights of the party ho caused it to be recorded# (*-a, &6(-)

RULE 1* S/33!n$ Se%&#!n 1' Cler/ to issue summons# $ 7pon the filing of the complaint and the payment of the re9uisite legal fees, the cler' of court shall forth ith issue the corresponding summons to the defendants# ((a) Se%&#!n (' Contents# $ %he summons shall be directed to the defendant, signed by the cler' of court under seal and contain (a) the name of the court and the names of the parties to the action1 (b) a direction that the defendant ans er ithin the time fi)ed by these &ules1 (c) a notice that unless the defendant so ans ers plaintiff ill ta'e +udgment by default and may be granted the relief applied for# A copy of the complaint and order for appointment of guardian ad litem if any, shall be attached to the original and each copy of the summons# (.a) Se%&#!n )' By %hom ser(ed# $ %he summons may be served by the sheriff, his deputy, or other proper court officer, or for +ustifiable reasons by any suitable person authori,ed by the court issuing the summons# (5a) Se%&#!n *' Return# $ 2hen the service has been completed, the server shall, ithin five (5) days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiffCs counsel, and shall return the summons to the cler', ho issued it, accompanied by proof of service# (/a) Se%&#!n +' $ssuan&e of alias summons# $ If a summons is returned ithout being served on any or all of the defendants, the server shall also serve a copy of the return on the plaintiffCs counsel, stating the reasons for the failure of service, ithin five (5) days therefrom# In such a case, or if the summons has been lost, the cler', on demand of the plaintiff, may issue an alias summons# (-a) Se%&#!n ,' Ser(i&e in person on defendant# $ 2henever practicable, the summons shall be served by handling a copy thereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering it to him# (:a) Se%&#!n 7' Su'stituted ser(i&e# $ If, for +ustifiable causes, the defendant cannot be served ithin a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the

defendantCs residence ith some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendantCs office or regular place of business ith some competent person in charge thereof# (;a) Se%&#!n 1' Ser(i&e upon entity %ithout +uridi&al personality# $ 2hen persons associated in an entity ithout +uridical personality are sued under the name by hich they are generally or commonly 'no n, service may be effected upon all the defendants by serving upon any one of them, or upon the person in charge of the office or place of business maintained in such name# !ut such service shall not bind individually any person hose connection ith the entity has, upon due notice, been severed before the action as brought# (<a) Se%&#!n 9' Ser(i&e upon prisoners# $ 2hen the defendant is a prisoner confined in a +ail or institution, service shall be effected upon him by the officer having the management of such +ail or institution ho is deemed deputi,ed as a special sheriff for said purpose# ((*a) Se%&#!n 12' Ser(i&e upon minors and in&ompetents# $ 2hen the defendant is a minor, insane or other ise an incompetent, service shall be made upon him personally and on his legal guardian if he has one, or if none his guardian ad litem hose appointment shall be applied for by the plaintiff# In the case of a minor, service may also be made on his father or mother# (l=a, ((a) Se%&#!n 11' Ser(i&e upon domesti& pri(ate +uridi&al entity# $ 2hen the defendant is a corporation, partnership or association organi,ed under the la s of the Philippines ith a +uridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in6house counsel# ((.a) Se%&#!n 1(' Ser(i&e upon foreign pri(ate +uridi&al entities# $ 2hen the defendant is a foreign private +uridical entity hich has transacted business in the Philippines, service may be made on its resident agent designated in accordance ith la for that purpose, or, if there be no such agent, on the government official designated by la to that effect, or on any of its officers or agents ithin the Philippines# ((-a) Se%&#!n 1)' Ser(i&e upon pu'li& &orporations# $ 2hen the defendant is the &epublic of the Philippines, service may be effected on the Solicitor @eneral1 in case of a province, city or municipality, or li'e public corporations, service may be effected on its e)ecutive head, or on such other officer or officers as the la or the court may direct# ((5) Se%&#!n 1*' Ser(i&e upon defendant %hose identity or %herea'outs are un/no%n# $ In any action here the defendant is designated as an un'no n o ner, or the li'e, or henever his hereabouts are un'no n and cannot be ascertained by diligent in9uiry, service may, by leave of court, be effected upon him by publication in a ne spaper of general circulation and in such places and for such time as the court may order# ((/a) Se%&#!n 1+' 02traterritorial ser(i&e# $ 2hen the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the sub+ect of hich is, property ithin the Philippines, in hich the defendant has or claims a lien or interest, actual or contingent, or in hich the relief demanded consists, holly or in part, in e)cluding the defendant from any interest therein, or the property of the defendant has been attached ithin the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under section /1 or by publication in a ne spaper of general circulation in such places and for such time as the court may order, in hich case a copy of the summons and order of the court shall be sent by registered mail to the last 'no n address of the defendant, or in any other manner the court may deem sufficient# Any order granting such leave shall specify a reasonable time, hich shall not be less than si)ty (/=) days after notice, ithin hich the defendant must ans er# ((:a) Se%&#!n 1,' Residents temporarily out of the Philippines# $ 2hen any action is commenced against a defendant ho ordinarily resides ithin the Philippines, but ho is temporarily out of it, service may, by leave of court, be also effected out of the Philippines, as under the preceding section# ((;a) Se%&#!n 17' <ea(e of &ourt# $ Any application to the court under this &ule for leave to effect service in any manner for hich leave of court is necessary shall be made by motion in riting, supported by affidavit of the plaintiff or some person on his behalf, setting forth the grounds for the application# ((<) Se%&#!n 11' Proof of ser(i&e# $ %he proof of service of a summons shall be made in riting by the server and shall set forth the manner, place, and date of service1 shall specify any papers hich have been served ith the process

and the name of the person ho received the same1 and shall be s orn to hen made by a person other than a sheriff or his deputy# (*=) Se%&#!n 19' Proof of ser(i&e 'y pu'li&ation# $ If the service has been made by publication, service may be proved by the affidavit of the printer, his foreman or principal cler', or of the editor, business or advertising manager, to hich affidavit a copy of the publication shall be attached and by an affidavit sho ing the deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the defendant by registered mail to his last 'no n address# (*() Se%&#!n (2' 4oluntary appearan&e# $ %he defendantCs voluntary appearance in the action shall be e9uivalent to service of summons# %he inclusion in a motion to dismiss of other grounds aside from lac' of +urisdiction over the person of the defendant shall not be deemed a voluntary appearance# (*.a)

RULE 1+ M!&#!n$ Se%&#!n 1' Motion defined# $ A motion is an application for relief other than by a pleading# ((a) Se%&#!n (' Motions must 'e in %ritings# $ All motions shall be in riting e)cept those made in open court or in the course of a hearing or trial# (*a) Se%&#!n )' Contents# $ A motion shall state the relief sought to be obtained and the grounds upon hich it is based, and if re9uired by these &ules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers# (.a) Se%&#!n *' 8earing of motion# $ 0)cept for motions hich the court may act upon ithout pre+udicing the rights of the adverse party, every ritten motion shall be set for hearing by the applicant# 0very ritten motion re9uired to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (.) days before the date of hearing, unless the court for good cause sets the hearing on shorter notice# (-a) Se%&#!n +' Noti&e of hearing# $ %he notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing hich must not be later than ten ((=) days after the filing of the motion# (5a) Se%&#!n ,' Proof of ser(i&e ne&essary# $ >o ritten motion set for hearing shall be acted upon by the court ithout proof of service thereof# (/a) Se%&#!n 7' Motion day# $ 0)cept for motions re9uiring immediate action, all motions shall be scheduled for hearing on ?riday afternoons, or if ?riday is a non6 or'ing day, in the afternoon of the ne)t or'ing day# (:a) Se%&#!n 1' )mni'us motion# $ Sub+ect to the provisions of section ( of &ule <, a motion attac'ing a pleading, order, +udgment, or proceeding shall include all ob+ections then available, and all ob+ections not so included shall be deemed aived# (;a) Se%&#!n 9' Motion for lea(e# $ A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted# (n) Se%&#!n 12' 9orm# $ %he &ules applicable to pleadings shall apply to ritten motions so far as concerns caption, designation, signature, and other matters of form# (<a)

RULE 1, M!&#!n &! D#$3#$$ Se%&#!n 1' 3rounds# $ 2ithin the time for but before filing the ans er to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the follo ing grounds" (a) %hat the court has no +urisdiction over the person of the defending party1 (b) %hat the court has no +urisdiction over the sub+ect matter of the claim1 (c) %hat venue is improperly laid1 (d) %hat the plaintiff has no legal capacity to sue1 (e) %hat there is another action pending bet een the same parties for the same cause1 (f) %hat the cause of action is barred by a prior +udgment or by the statute of limitations1 (g) %hat the pleading asserting the claim states no cause of action1 (h) %hat the claim or demand set forth in the plaintiffCs pleading has been paid, aived, abandoned, or other ise e)tinguished1 (i) %hat the claim on hich the action is founded is enforceable under the provisions of the statute of frauds1 and (+) %hat a condition precedent for filing the claim has not been complied ith# ((a) Se%&#!n (' 8earing of motion# $ At the hearing of the motion, the parties shall submit their arguments on the 9uestions of la and their evidence on the 9uestions of fact involved e)cept those not available at that time# Should the case go to trial, the evidence presented during the hearing shall automatically be part of the evidence of the party presenting the same# (n) Se%&#!n )' Resolution of Motion# $ After the hearing, the court may dismiss the action or claim, deny the motion, or order the amendment of the pleading# %he court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable# In every case, the resolution shall state clearly and distinctly the reasons therefor# (.a) Se%&#!n *' #ime to plead# $ If the motion is denied, the movant shall file his ans er ithin the balance of the period prescribed by &ule (( to hich he as entitled at the time of serving his motion, but not less than five (5) days in any event, computed from his receipt of the notice of the denial# If the pleading is ordered to be amended, he shall file his ans er ithin the period prescribed by &ule (( counted from service of the amended pleading, unless the court provides a longer period# (-a) Se%&#!n +' 0ffe&t of dismissal# $ Sub+ect to the right of appeal, an order granting a motion to dismiss based on paragraphs (f), (h) and (i) of section ( hereof shall bar the refiling of the same action or claim# (n) Se%&#!n ,' Pleading grounds as affirmati(e defenses# $ If no motion to dismiss has been filed, any of the grounds for dismissal provided for in this &ule may be pleaded as an affirmative defense in the ans er and, in the discretion of the court, a preliminary hearing may be had thereon as if a motion to dismiss had been filed# (5a)

%he dismissal of the complaint under this section shall be ithout pre+udice to the prosecution in the same or separate action of a counterclaim pleaded in the ans er# (n)

RULE 17 D#$3#$$a !0 A%&#!n$ Se%&#!n 1' 1ismissal upon noti&e 'y plaintiff. $ A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the ans er or of a motion for summary +udgment# 7pon such notice being filed, the court shall issue an order confirming the dismissal# 7nless other ise stated in the notice, the dismissal is ithout pre+udice, e)cept that a notice operates as an ad+udication upon the merits hen filed by a plaintiff ho has once dismissed in a competent court an action based on or including the same claim# ((a) Se%&#!n (' 1ismissal upon motion of plaintiff. $ 0)cept as provided in the preceding section, a complaint shall not be dismissed at the plaintiffCs instance save upon approval of the court and upon such terms and conditions as the court deems proper# If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion for dismissal, the dismissal shall be limited to the complaint# %he dismissal shall be ithout pre+udice to the right of the defendant to prosecute his counterclaim in a separate action unless ithin fifteen ((5) days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action# 7nless other ise specified in the order, a dismissal under this paragraph shall be ithout pre+udice# A class suit shall not be dismissed or compromised ithout the approval of the court# (*a) Se%&#!n )' 1ismissal due to fault of plaintiff. $ If, for no +ustifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint, or to prosecute his action for an unreasonable length of time, or to comply ith these &ules or any order of the court, the complaint may be dismissed upon motion of the defendant or upon the courtCs o n motion, ithout pre+udice to the right of the defendant to prosecute his counterclaim in the same or in a separate action# %his dismissal shall have the effect of an ad+udication upon the merits, unless other ise declared by the court# (.a) Se%&#!n *' 1ismissal of &ounter&laim, &ross-&laim, or third-party &omplaint# $ %he provisions of this &ule shall apply to the dismissal of any counterclaim, cross6claim, or third6party complaint# A voluntary dismissal by the claimant by notice as in section ( of this &ule, shall be made before a responsive pleading or a motion for summary +udgment is served or, if there is none, before the introduction of evidence at the trial or hearing# (-a)