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Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in
Baguio City on April 8, 1997
RULES OF COURT
RULE 1
General Provisions
Section 1. Title of the Rules. These Rule shall be known and cited as
the Rules of Court. (1)
Section 2. In what courts applicable. These Rules shall apply in all the
courts, except as otherwise provided by the Supreme Court. (n)
(a) A civil action is one by which a party sues another for the
enforcement or protection of a right, or the prevention or redress of a
wrong, (1a, R2)
Section 4. In what case not applicable. These Rules shall not apply to
election cases, land registration, cadastral, naturalization and insolvency
proceedings, and other cases not herein provided for, except by analogy or
in a suppletory character and whenever practicable and convenient.
(R143a)
Civil Actions
RULE 2
Cause of Action
Section 1. Ordinary civil actions, basis of. Every ordinary civil action
must be based on a cause of action. (n)
Section 3. One suit for a single cause of action. A party may not
institute more than one suit for a single cause of action. (3a)
Section 4. Splitting a single cause of action; effect of. If two or more
suits are instituted on the basis of the same cause of action, the filing of
one or a judgment upon the merits in any one is available as a ground for
the dismissal of the others. (4a)
(a) The party joining the causes of action shall comply with the rules
on joinder of parties;
(b) The joinder shall not include special civil actions or actions
governed by special rules;
(c) Where the causes of action are between the same parties but
pertain to different venues or jurisdictions, the joinder may be allowed
in the Regional Trial Court provided one of the causes of action falls
within the jurisdiction of said court and the venue lies therein; and
(d) Where the claims in all the causes action are principally for
recovery of money, the aggregate amount claimed shall be the test of
jurisdiction. (5a)
RULE 3
The failure to comply with the order for his inclusion, without justifiable
cause, shall be deemed a waiver of the claim against such party.
The non-inclusion of a necessary party does not prevent the court from
proceeding in the action, and the judgment rendered therein shall be
without prejudice to the rights of such necessary party. (8a, 9a)
Section 10. Unwilling co-plaintiff. If the consent of any party who should
be joined as plaintiff can not be obtained, he may be made a defendant and
the reason therefor shall be stated in the complaint. (10)
Section 12. Class suit. When the subject matter of the controversy is
one of common or general interest to many persons so numerous that it is
impracticable to join all as parties, a number of them which the court finds
to be sufficiently numerous and representative as to fully protect the
interests of all concerned may sue or defend for the benefit of all. Any party
in interest shall have the right to intervene to protect his individual interest.
(12a)
In the answer of such defendant, the name and addresses of the persons
composing said entity must all be revealed. (15a)
Section 20. Action and contractual money claims. When the action is for
recovery of money arising from contract, express or implied, and the
defendant dies before entry of final judgment in the court in which the
action was pending at the time of such death, it shall not be dismissed but
shall instead be allowed to continue until entry of final judgment. A
favorable judgment obtained by the plaintiff therein shall be enforced in the
manner especially provided in these Rules for prosecuting claims against
the estate of a deceased person. (21a)
Section 22. Notice to the Solicitor General. In any action involving the
validity of any treaty, law, ordinance, executive order, presidential decree,
rules or regulations, the court, in its discretion, may require the appearance
of the Solicitor General who may be heard in person or a representative
duly designated by him. (23a)
RULE 4
Venue of Actions
Forcible entry and detainer actions shall be commenced and tried in the
municipal trial court of the municipality or city wherein the real property
involved, or a portion thereof, is situated. (1[a], 2[a]a)
Section 4. When Rule not applicable. This Rule shall not apply.
(b) Where the parties have validly agreed in writing before the filing of
the action on the exclusive venue thereof. (3a, 5a)
RULE 5
RULE 6
Kinds Of Pleadings
The defenses of a party are alleged in the answer to the pleading asserting
a claim against him.
If the plaintiff wishes to interpose any claims arising out of the new matters
so alleged, such claims shall be set forth in an amended or supplemental
complaint. (11)
Section 12. Bringing new parties. When the presence of parties other
than those to the original action is required for the granting of complete
relief in the determination of a counterclaim or cross-claim, the court shall
order them to be brought in as defendants, if jurisdiction over them can be
obtained. (14)
Parts of a Pleading
Section 1. Caption. The caption sets forth the name of the court, the title
of the action, and the docket number if assigned.
The title of the action indicates the names of the parties. They shall all be
named in the original complaint or petition; but in subsequent pleadings, it
shall be sufficient if the name of the first party on each side be stated with
an appropriate indication when there are other parties.
Section 2. The body. The body of the pleading sets fourth its
designation, the allegations of the party's claims or defenses, the relief
prayed for, and the date of the pleading. (n)
(b) Headings. When two or more causes of action are joined the
statement of the first shall be prefaced by the words "first cause of
action,'' of the second by "second cause of action", and so on for the
others.
(c) Relief. The pleading shall specify the relief sought, but it may
add a general prayer for such further or other relief as may be
deemed just or equitable. (3a, R6)
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 knowledge and
belief.
RULE 8
RULE 9
RULE 10
RULE 11
Section 1. Answer to the complaint. The defendant shall file his answer
to the complaint within fifteen (15) days after service of summons, unless a
different period is fixed by the court. (la)
Where its filing is not a matter of right, the defendant shall answer the
amended complaint within ten (l0) days from notice of the order admitting
the same. An answer earlier filed may serve as the answer to the amended
complaint if no new answer is filed.
Section 6. Reply. A reply may be filed within ten (10) days from service
of the pleading responded to. (6)
Section 11. Extension of time to plead. Upon motion and on such terms
as may be just, the court may extend the time to plead provided in these
Rules.
The court may also, upon like terms, allow an answer or other pleading to
be filed after the time fixed by these Rules. (7)
RULE 12
Bill of Particulars
Section 1. When applied for; purpose. Before responding to a pleading,
a party may move for a definite statement or for a bill of particulars of any
matter which is not averted with sufficient definiteness or particularity to
enable him properly to prepare his responsive pleading. If the pleading is a
reply, the motion must be filed within ten (10) days from service thereof.
Such motion shall point out the defects complained of, the paragraphs
wherein they are contained, and the details desired. (1a)
Section 2. Action by the court. Upon the filing of the motion, the clerk of
court must immediately bring it to the attention of the court which may
either deny or grant it outright, or allow the parties the opportunity to be
heard. (n)