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XI.

Provisional Remedies (c) In an action to recover the possession of


property unjustly or fraudulently taken,
A. Notice of lis pendens detained or converted, when the property, or
Rules of Court Rule 13 Sec. 14 any part thereof, has been concealed,
Section 14. Notice of lis pendens. In an removed, or disposed of to prevent its being
action affecting the title or the right of found or taken by the applicant or an
possession of real property, the plaintiff and authorized person;
the defendant, when affirmative relief is (d) In an action against a party who has been
claimed in his answer, may record in the guilty of a fraud in contracting the debt or
office of the registry of deeds of the province incurring the obligation upon which the
in which the property is situated notice of the action is brought, or in the performance
pendency of the action. Said notice shall thereof;
contain the names of the parties and the (e) In an action against a party who has
object of the action or defense, and a removed or disposed of his property, or is
description of the property in that province about to do so, with intent to defraud his
affected thereby. Only from the time of filing creditors; or
such notice for record shall a purchaser, or (f) In an action against a party who does not
encumbrancer of the property affected reside and is not found in the Philippines, or
thereby, be deemed to have constructive on whom summons may be served by
notice of the pendency of the action, and publication. (1a)
only of its pendency against the parties
designated by their real names.
Section 2. Issuance and contents of order.
The notice of lis pendens hereinabove
An order of attachment may be issued
mentioned may be cancelled only upon order
either ex parte or upon motion with notice
of the court, after proper showing that the
and hearing by the court in which the action
notice is for the purpose of molesting the
is pending, or by the Court of Appeals or the
adverse party, or that it is not necessary to
Supreme Court, and must require the sheriff
protect the rights of the rights of the party
of the court to attach so much of the property
who caused it to be recorded. (24a, R-14)
in the Philippines of the party against whom
it is issued, not exempt from execution, as
Civil Code Article 1381 par. (4) may be sufficient to satisfy the applicant's
Article 1381. The following contracts are demand, unless such party makes deposit or
rescissible: gives a bond as hereinafter provided in an
(4) Those which refer to things under amount equal to that fixed in the order, which
litigation if they have been entered into by may be the amount sufficient to satisfy the
the defendant without the knowledge and applicant's demand or the value of the
approval of the litigants or of competent property to be attached as stated by the
judicial authority; applicant, exclusive of costs. Several writs
may be issued at the same time to the
sheriffs of the courts of different judicial
B. Preliminary attachment regions. (2a)
Rules of Court Rule 57
Section 1. Grounds upon which attachment Section 3. Affidavit and bond required. An
may issue. At the commencement of the order of attachment shall be granted only
action or at any time before entry of when it appears by the affidavit of the
judgment, a plaintiff or any proper party may applicant, or of some other person who
have the property of the adverse party personally knows the facts, that a sufficient
attached as security for the satisfaction of cause of action exists, that the case is one of
any judgment that may be recovered in the those mentioned in section 1 hereof, that
following cases: there is no other sufficient security for the
(a) In an action for the recovery of a specified claim sought to be enforced by the action,
amount of money or damages, other than and that the amount due to the applicant, or
moral and exemplary, on a cause of action the value of the property the possession of
arising from law, contract, quasi-contract, which he is entitled to recover, is as much as
delict or quasi-delict against a party who is the sum for which the order is granted above
about to depart from the Philippines with all legal counterclaims. The affidavit, and the
intent to defraud his creditors; bond required by the next succeeding
(b) In an action for money or property section, must be duly filed with the court
embezzled or fraudulently misapplied or before the order issues. (3a)
converted to his own use by a public officer,
or an officer of a corporation, or an attorney, Section 4. Condition of applicant's bond.
factor, broker, agent, or clerk, in the course The party applying for the order must
of his employment as such, or by any other thereafter give a bond executed to the
person in a fiduciary capacity, or for a willful adverse party in the amount fixed by the
violation of duty;
court in its order granting the issuance of the against whom attachment is issued and held
writ, conditioned that the latter will pay all by any other person, or standing on the
the costs which may be adjudged to the records of the registry of deeds in the name
adverse party and all damages which he may of any other person, by filing with the registry
sustain by reason of the attachment, if the of deeds a copy of the order, together with a
court shall finally adjudge that the applicant description of the property attached, and a
was not entitled thereto. (4a) notice that it is attached, or that such real
property and any interest therein held by or
Section 5. Manner of attaching property. standing in the name of such other person
The sheriff enforcing the writ shall without are attached, and by leaving a copy of such
delay and with all reasonable diligence order, description, and notice with the
attach, to await judgment and execution in occupant of the property, if any, or with such
the action, only so much of the property in other person or his agent if found within the
the Philippines of the party against whom the province. Where the property has been
writ is issued, not exempt from execution, as brought under the operation of either the
may be sufficient to satisfy the applicant's Land Registration Act or the Property
demand, unless the former makes a deposit Registration Decree, the notice shall contain
with the court from which the writ is issued, a reference to the number of the certificate of
or gives a counter-bond executed to the title, the volume and page in the registration
applicant, in an amount equal to the bond book where the certificate is registered, and
fixed by the court in the order of attachment the registered owner or owners thereof.
or to the value of the property to be The registrar of deeds must index
attached, exclusive of costs. No levy on attachments filed under this section in the
attachment pursuant to the writ issued under names of the applicant, the adverse party, or
section 2 hereof shall be enforced unless it is the person by whom the property is held or in
preceded, or contemporaneously whose name it stands in the records. If the
accompanied, by service of summons, attachment is not claimed on the entire area
together with a copy of the complaint, the of the land covered by the certificate of title,
application for attachment the applicant's a description sufficiently accurate for the
affidavit and bond, and the order and writ of identification of the land or interest to be
attachment, on the defendant within the affected shall be included in the registration
Philippines. of such attachment;
The requirement of prior or contemporaneous (b) Personal property capable of manual
service of summons shall not apply where the delivery, by taking and safely keeping it in his
summons could not be served personally or custody, after issuing the corresponding
by substituted service despite diligent efforts, receipt therefor.
or the defendant is a resident of the (c) Stocks or shares, or an interest in stocks
Philippines temporarily absent therefrom, or or shares, of any corporation or company, by
the defendant is a non-resident of the leaving with the president or managing agent
Philippines, or the action is one thereof, a copy of the writ, and a notice
in rem or quasi in rem. (5a) stating that the stock or interest of the party
against whom the attachment is issued is
Section 6. Sheriff's return. After enforcing attached in pursuance of such writ;
the writ, the sheriff must likewise without (d) Debts and credits, including bank
delay make a return thereon to the court deposits, financial interest, royalties,
from which the writ issued, with a full commissions and other personal property not
statement of his proceedings under the writ capable of manual delivery, by leaving with
and a complete inventory of the property the person owing such debts, or having in his
attached, together with any counter-bond possession or under his control, such credits
given by the party against whom attachment or other personal property, or with his agent,
is issued, and serve copies thereof on the a copy of the writ, and notice that the debts
applicant. (6a) owing by him to the party against whom
attachment is issued, and the credits and
other personal property in his possession, or
Section 7. Attachment of real and personal
under his control, belonging to said party, are
property; recording thereof. Real and
attached in pursuance of such writ;
personal property shall be attached by the
sheriff executing the writ in the following (e) The interest of the party against whom
manner: attachment is issued in property belonging to
the estate of the decedent, whether as heir,
(a) Real property, or growing crops thereon,
legatee, or devisee, by serving the executor
or any interest therein, standing upon the
or administrator or other personal
record of the registry of deeds of the province
representative of the decedent with a copy of
in the name of the party against whom
the writ and notice that said interest is
attachment is issued, or not appearing at all
attached. A copy of said writ of attachment
upon such records, or belonging to the party
and of said notice shall also be filed in the
office of the clerk of the court in which said examination, order personal property capable
estate is being settled and served upon the of manual delivery belonging to him, in the
heir, legatee or devisee concerned. possession of the person so required to
If the property sought to be attached is attend before the court, to be delivered to
in custodia legis, a copy of the writ of the clerk of the court or sheriff on such terms
attachment shall be filed with the proper as may be just, having reference to any lien
court or quasi-judicial agency, and notice of thereon or claim against the same, to await
the attachment served upon the custodian of the judgment in the action. (10a)
such property. (7a)
Section 11. When attached property may be
Section 8. Effect of attachment of sold after levy on attachment and before
debts, credits and all other similar personal entry of judgment. Whenever it shall be
property. All persons having in their made to appear to the court in which the
possession or under their control any credits action is pending, upon hearing with notice to
or other similar personal property belonging both parties, that the property attached is
to the party against whom attachment is perishable, or that the interests of all the
issued, or owing any debts to him, at the parties to the action will be subserved by the
time of service upon them of the copy of the sale thereof, the court may order such
writ of attachment and notice as provided in property to be sold at public auction in such
the last preceding section, shall be liable to manner as it may direct, and the proceeds of
the applicant for the amount of such credits, such sale to be deposited in court to abide
debts or other similar personal property, until the judgment in the action. (11a)
the attachment is discharged, or any
judgment recovered by him is satisfied, Section 12. Discharge of attachment upon
unless such property is delivered or giving counter-bond. After a writ of
transferred, or such debts are paid, to the attachment has been enforced, the party
clerk, sheriff, or other proper officer of the whose property has been attached, or the
court issuing the attachment. (8a) person appearing on his behalf, may move
for the discharge of the attachment wholly or
Section 9. Effect of attachment of interests in part on the security given. The court shall,
in property belonging to the estate of a after due notice and hearing, order the
decedent. The attachment of the interest discharge of the attachment if the movant
of an heir, legatee, or devisee in the property makes a cash deposit, or files a counter-bond
belonging to the estate of a decedent shall executed to the attaching party with the clerk
not impair the powers of the executor, of the court where the application is made, in
administrator, or other personal an amount equal to that fixed by the court in
representative of the decedent over such the order of attachment, exclusive of costs.
property for the purpose of administration. But if the attachment is sought to be
Such personal representative, however, shall discharged with respect to a particular
report the attachment to the court when any property, the counter-bond shall be equal to
petition for distribution is filed, and in the the value of that property as determined by
order made upon such petition, distribution the court. In either case, the cash deposit or
may be awarded to such heir, legatee or the counter-bond shall secure the payment of
devisee, but the property attached shall be any judgment that the attaching party may
ordered delivered to the sheriff making the recover in the action. A notice of the deposit
levy, subject to the claim of such heir, shall forthwith be served on the attaching
legatee, or devisee, or any person claiming party. Upon the discharge of an attachment in
under him. (9a) accordance with the provisions of this
section, the property attached, or the
proceeds of any sale thereof, shall be
Section 10. Examination of party whose
delivered to the party making the deposit or
property is attached and persons indebted to
giving the counter-bond, or to the person
him or controlling his property; delivery of
appearing on his behalf, the deposit or
property to sheriff. Any person owing
counter-bond aforesaid standing in place of
debts to the party whose property is attached
the property so released. Should such
or having in his possession or under his
counter-bond for any reason be found to be
control any credit or other personal property
or become insufficient, and the party
belonging to such party, may be required to
furnishing the same fail to file an additional
attend before the court in which the action is
counter-bond, the attaching party may apply
pending, or before a commissioner appointed
for a new order of attachment. (12a)
by the court, and be examined on oath
respecting the same. The party whose
property is attached may also be required to Section 13. Discharge of attachment on
attend for the purpose of giving information other grounds. The party whose property
respecting his property, and may be has been ordered attached may file a motion
examined on oath. The court may, after such with the court in which he action is pending,
before or after levy or even after the release Treasurer out of the funds to be appropriated
of the attached property, for an order to set for the purpose. (14a)
aside or discharge the attachment on the
ground that the same was improperly or Section 15. Satisfaction of judgment out of
irregularly issued or enforced, or that the property attached, return of sheriff. If
bond is insufficient. If the attachment is judgment be recovered by the attaching
excessive, the discharge shall be limited to party and execution issue thereon, the sheriff
the excess. If the motion be made on may cause the judgment to be satisfied out
affidavits on the part of the movant but not of the property attached, if it be sufficient for
otherwise, the attaching party may oppose that purpose in the following manner:
the motion by counter-affidavits or other (a) By paying to the judgment obligee the
evidence in addition to that on which the proceeds of all sales of perishable or other
attachment was made. After due notice and property sold in pursuance of the order of the
hearing, the court shall order the setting court, or so much as shall be necessary to
aside or the corresponding discharge of the satisfy the judgment;
attachment if it appears that it was
(b) If any balance remains due, by selling so
improperly or irregularly issued or enforced,
much of the property, real or personal, as
or that the bond is insufficient, or that the
may be necessary to satisfy the balance, if
attachment is excessive, and the defect is
enough for that purpose remain in the
not cured forthwith. (13a)
sheriff's hands, or in those the clerk of the
court;
Section 14. Proceedings where property (c) By collecting from all persons having in
claimed by third person. If the property their possession credits belonging to the
attached is claimed by any person other than judgment obligor, or owing debts to the latter
the party against whom attachment had been at the time of the attachment of such credits
issued or his agent, and such person makes or debts, the amount of such credits and
an affidavit of his title thereto, or right to the debts as determined by the court in the
possession thereof, stating the grounds of action, and stated in the judgment, and
such right or title, and serves such affidavit paying the proceeds of such collection over
upon the sheriff while the latter has to the judgment obligee.
possession of the attached property, and a
The sheriff shall forthwith make a return in
copy thereof upon the attaching party, the
writing to the court of his proceedings under
sheriff shall not be bound to keep the
this section and furnish the parties with
property under attachment, unless the
copies thereof. (15a)
attaching party or his agent, on demand of
the sheriff, shall file a bond approved by the
court to indemnify the third-party claimant in Section 16. Balance due collected upon an
a sum not less than the value of the property execution; excess delivered to judgment
levied upon. In case of disagreement as to obligor. If after realizing upon all the
such value, the same shall be decided by the property attached, including the proceeds of
court issuing the writ of attachment. No claim any debts or credits collected, and applying
for damages for the taking or keeping of the the proceeds to the satisfaction of the
property may be enforced against the bond judgment less the expenses of proceedings
unless the action therefor is filed within one upon the judgment any balance shall remain
hundred twenty (120) days from the date of due, the sheriff must proceed to collect such
the filing of the bond. balance as upon ordinary execution.
The sheriff shall not be liable for damages for Whenever the judgment shall have been
the taking or keeping of such property to any paid, the sheriff, upon reasonable demand,
such third-party claimant, if such bond shall must return to the judgment obligor the
be filed. Nothing herein contained shall attached property remaining in his hands,
prevent such claimant or any third person and any proceeds of the sale of the property
from vindicating his claim to the property, or attached not applied to the judgment. (16a)
prevent the attaching party from claiming
damages against a third-party claimant who Section 17. Recovery upon the counter-
filed a frivolous or plainly spurious claim, in bond. When the judgment has become
the same or a separate action. executory, the surety or sureties on any
When the writ of attachment is issued in counter-bond given pursuant to the
favor of the Republic of the Philippines, or provisions of this Rule to secure the payment
any officer duly representing it, the filing of of the judgment shall become charged on
such bond shall not be required, and in case such counter-bond and bound to pay the
the sheriff is sued for damages as a result of judgment obligee upon demand the amount
the attachment, he shall be represented by due under the judgment, which amount may
the Solicitor General, and if held liable be recovered from such surety or sureties
therefor, the actual damages adjudged by after notice and summary hearing in the
the court shall be paid by the National same action. (17a)
in fraud of creditors, when the donor did not
Section 18. Disposition of money deposited. reserve sufficient property to pay all debts
Where the party against whom attachment contracted before the donation.
had been issued has deposited money
instead of giving counter-bond, it shall be Alienations by onerous title are also
applied under the direction of the court to the presumed fraudulent when made by persons
satisfaction of any judgment rendered in against whom some judgment has been
favor of the attaching party, and after rendered in any instance or some writ of
satisfying the judgment the balance shall be attachment has been issued. The decision or
refunded to the depositor or his assignee. If attachment need not refer to the property
the judgment is in favor of the party against alienated, and need not have been obtained
whom attachment was issued, the whole sum by the party seeking the rescission.
deposited must be refunded to him or his
assignee. (18a) In addition to these presumptions, the design
to defraud creditors may be proved in any
Section 19. Disposition of attached property other manner recognized by the law of
where judgment is for party against whom evidence. (1297a)
attachment was issued. If judgment be
rendered against the attaching party, all the
proceeds of sales and money collected or
received by the sheriff, under the order of C. Preliminary injunction
attachment, and all property attached Rules of Court Rule 58
remaining in any such officer's hands, shall Section 1. Preliminary injunction
be delivered to the party against whom defined; classes. A preliminary injunction is
attachment was issued, and the order of an order granted at any stage of an action or
attachment discharged. (19a) proceeding prior to the judgment or final
order, requiring a party or a court, agency or
Section 20. Claim for damages on account a person to refrain from a particular act or
of improper, irregular or excessive acts. It may also require the performance of a
attachment. An application for damages on particular act or acts, in which case it shall be
account of improper, irregular or excessive known as a preliminary mandatory injunction.
attachment must be filed before the trial or (1a)
before appeal is perfected or before the
judgment becomes executory, with due Section 2. Who may grant preliminary
notice to the attaching party and his surety injunction. A preliminary injunction may be
or sureties setting forth the facts showing his granted by the court where the action or
right to damages and the amount thereof. proceeding is pending. If the action or
Such damages may be awarded only after proceeding is pending in the Court of Appeals
proper hearing and shall be included in the or in the Supreme Court, it may be issued by
judgment on the main case. said court or any member thereof. (2a)
If the judgment of the appellate court be
favorable to the party against whom the
Section 3. Grounds for issuance of
attachment was issued he must claim
preliminary injunction. A preliminary
damages sustained during the pendency of
injunction may be granted when it is
the appeal by filing an application in the
established:
appellate court, with notice to the party in
whose favor the attachment was issued or his (a) That the applicant is entitled to the relief
surety or sureties, before the judgment of the demanded, and the whole or part of such
appellate court becomes executory. The relief consists in restraining the commission
appellate court may allow the application to or continuance of the act or acts complained
be heard and decided by the trial court. of, or in requiring the performance of an act
or acts either for a limited period or
Nothing herein contained shall prevent the
perpetually;
party against whom the attachment was
issued from recovering in the same action the (b) That the commission, continuance or non-
damages awarded to him from any property performance of the act or acts complained of
of the attaching party not exempt from during the litigation would probably work
execution should the bond or deposit given injustice to the applicant; or
by the latter be insufficient or fail to fully (c) That a party, court, agency or a person is
satisfy the award. (20a) doing, threatening, or is attempting to do, or
is procuring or suffering to be done some act
Civil Code Article 1387 or acts probably in violation of the rights of
the applicant respecting the subject of the
Article 1387. All contracts by virtue of which
action or proceeding, and tending to render
the debtor alienates property by gratuitous
the judgment ineffectual. (3a)
title are presumed to have been entered into
Section 4. Verified application and bond for enjoined, except as herein provided. Within
preliminary injunction or temporary the said twenty-day period, the court must
restraining order. A preliminary injunction order said party or person to show cause, at
or temporary restraining order may be a specified time and place, why the injunction
granted only when: should not be granted, determine within the
(a) The application in the action or same period whether or not the preliminary
proceeding is verified, and shows facts injunction shall be granted, and accordingly
entitling the applicant to the relief issue the corresponding order. (Bar Matter
demanded; and No. 803, 17 February 1998)
(b) Unless exempted by the court the However, and subject to the provisions of the
applicant files with the court where the action preceding sections, if the matter is of
or proceeding is pending, a bond executed to extreme urgency and the applicant will suffer
the party or person enjoined, in an amount to grave injustice and irreparable injury, the
be fixed by the court, to the effect that the executive judge of a multiple-sala court or
applicant will pay to such party or person all the presiding judge of a single sala court may
damages which he may sustain by reason of issue ex parte a temporary restraining order
the injunction or temporary restraining order effective for only seventy-two (72) hours from
if the court should finally decide that the issuance but he shall immediately comply
applicant was not entitled thereto. Upon with the provisions of the next preceding
approval of the requisite bond, a writ of section as to service of summons and the
preliminary injunction shall be issued. (4a) documents to be served therewith.
(c) When an application for a writ of Thereafter, within the aforesaid seventy-two
preliminary injunction or a temporary (72) hours, the judge before whom the case
restraining order is included in a complaint or is pending shall conduct a summary hearing
any initiatory pleading, the case, if filed in a to determine whether the temporary
multiple-sala court, shall be raffled only after restraining order shall be extended until the
notice to and in the presence of the adverse application for preliminary injunction can be
party or the person to be enjoined. In any heard. In no case shall the total period of
event, such notice shall be preceded, or effectivity of the temporary restraining order
contemporaneously accompanied, by service exceed twenty (20) days, including the
of summons, together with a copy of the original seventy-two hours provided herein.
complaint or initiatory pleading and the In the event that the application for
applicant's affidavit and bond, upon the preliminary injunction is denied or not
adverse party in the Philippines. resolved within the said period, the
However, where the summons could not be temporary restraining order is deemed,
served personally or by substituted service automatically vacated. The effectivity of a
despite diligent efforts, or the adverse party temporary restraining order is not extendible
is a resident of the Philippines temporarily without need of any judicial declaration to
absent therefrom or is a nonresident thereof, that effect and no court shall have authority
the requirement of prior or contemporaneous to extend or renew the same on the same
service of summons shall not apply. ground for which it was issued.
(d) The application for a temporary However, if issued by the Court of Appeals or
restraining order shall thereafter be acted a member thereof, the temporary restraining
upon only after all parties are heard in a order shall be effective for sixty (60) days
summary hearing which shall be conducted from service on the party or person sought to
within twenty-four (24) hours after the be enjoined. A restraining, order issued by
sheriff's return of service and/or the records the Supreme Court or a member thereof shall
are received by the branch selected by raffle be effective until further orders. (5a)
and to which the records shall be transmitted
immediately. Section 6. Grounds for objection to, or for
motion of dissolution of, injunction or
Section 5. Preliminary injunction not restraining order. The application for
granted without notice; exception. No injunction or restraining order may be denied,
preliminary injunction shall be granted upon a showing of its insufficiency. The
without hearing and prior notice to the party injunction or restraining order may also be
or person sought to be enjoined. If it shall denied, or, if granted, may be dissolved, on
appear from facts shown by affidavits or by other grounds upon affidavits of the party or
the verified application that great or person enjoined, which may be opposed by
irreparable injury would result to the the applicant also by affidavits. It may further
applicant before the matter can be heard on be denied, or if granted, may be dissolved, if
notice, the court to which the application for it appears after hearing that although the
preliminary injunction was made, may issue a applicant is entitled to the injunction or
temporary restraining order to be effective restraining order, the issuance or
only for a period of twenty (20) days from continuance thereof, as the case may be,
service on the party or person sought to be would cause irreparable damage to the party
or person enjoined while the applicant can be temporary restraining order to be effective
fully compensated for such damages as he only for a period of twenty (20) days from
may suffer, and the former files a bond in an service on the party or person sought to be
amount fixed by the court conditioned that enjoined, except as herein provided. Within
he will pay all damages which the applicant the twenty-day period, the court must order
may suffer by the denial or the dissolution of said party or person to show cause at a
the injunction or restraining order. If it specified time and place, why the injunction
appears that the extent of the preliminary should not be granted. The court shall also
injunction or restraining order granted is too determine, within the same period, whether
great, it may be modified. (6a) or not the preliminary injunction shall be
granted, and accordingly issue the
Section 7. Service of copies of bonds; effect corresponding order.
of disapproval of same. The party filing a However, subject to the provisions of the
bond in accordance with the provisions of this preceding sections, if the matter is of
Rule shall forthwith serve a copy of such extreme urgency and the applicant will suffer
bond on the other party, who may except to grave injustice and irreparable injury, the
the sufficiency of the bond, or of the surety or executive judge of a multiple-sala court or
sureties thereon. If the applicant's bond is the presiding judge of a single-sala court may
found to be insufficient in amount, or if the issue ex parte a temporary restraining order
surety or sureties thereon fail to justify, and a effective for only seventy-two (72) hours from
bond sufficient in amount with sufficient issuance, but shall immediately comply with
sureties approved after justification is not the provisions of the next preceding section
filed forthwith the injunction shall be as to service of summons and the documents
dissolved. If the bond of the adverse party is to be served therewith. Thereafter, within the
found to be insufficient in amount, or the aforesaid seventy-two (72) hours, the judge
surety or sureties thereon fail to justify a before whom the case is pending shall
bond sufficient in amount with sufficient conduct a summary hearing to determine
sureties approved after justification is not whether the temporary restraining order shall
filed forthwith, the injunction shall be granted be extended until the application for
or restored, as the case may be. (8a) preliminary injunction can be heard. In no
case shall the total period of effectivity of the
temporary restraining order exceed twenty
Section 8. Judgment to include damages
(20) days, including the original seventy-two
against party and sureties. At the trial, the
hours provided herein.
amount of damages to be awarded to either
party, upon the bond of the adverse party, In the event that the application for
shall be claimed, ascertained, and awarded preliminary injunction is denied or not
under the same procedure prescribed in resolved within the said period, the
section 20 of Rule 57. (9a) temporary restraining order is deemed
automatically vacated. The effectivity of a
temporary restraining order is not extendible
Section 9. When final injunction granted. without need of any judicial declaration to
If after the trial of the action it appears that that effect, and no court shall have authority
the applicant is entitled to have the act or to extend or renew the same on the same
acts complained of permanently enjoined the ground for which it was issued.
court shall grant a final injunction perpetually
However, if issued by the Court of Appeals or
restraining the party or person enjoined from
a member thereof, the temporary restraining
the commission or continuance of the act or
order shall be effective for sixty (60) days
acts of confirming the preliminary mandatory
from service on the party or person sought to
injunction. (10a)
be enjoined. A restraining order issued by the
Supreme Court or a member thereof shall be
effective until further orders.
A.M No. 07-7-12-SC December 4 2007
The trial court, the Court of Appeals, the
AMENDMENTS TO RULES 41, 45, 58 AND Sandiganbyan or the Court of Tax Appeals
65 OF THE RULES OF COURT that issued a writ of preliminary injunction
SEC. 5. Preliminary injunction not granted against a lower court, board, officer, or quasi-
without notice; exception. No preliminary judicial agency shall decide the main case or
injunction shall be granted without hearing petition within six (6) months from the
and prior notice to the party or persons issuance of the writ.
sought to be enjoined. If it shall appear from
facts shown by affidavits or by the verified
application that great or irreparable injury RA No. 8975 (2000)
would result to the applicant before the AN ACT TO ENSURE THE EXPEDITIOUS
matter can be heard on notice, the court to IMPLEMENTATION AND COMPLETION OF
which the application for preliminary GOVERNMENT INFRASTRUCTURE
injunction was made, may issue ex parte a PROJECTS BY PROHIBITING LOWER
COURTS FROM ISSUING TEMPORARY (b) Bidding or awarding of contract/ project of
RESTRANING ORDERS. PRELIMINARY the national government as defined under
INJUNCTIONS OR PRELIMINARY Section 2 hereof;
MANDATORY INJUNCTIONS, PROVIDING (c) Commencement prosecution, execution,
PENALTIES FOR VIOLATIONS THEREOF, implementation, operation of any such
AND FOR OTHER PURPOSES. contract or project;1awphil.net
Be it enacted by the Senate and House of (d) Termination or rescission of any such
Representatives of the Philippines Congress contract/project; and
assembled: (e) The undertaking or authorization of any
Section 1. Declaration of Policy. - Article XII, other lawful activity necessary for such
Section 6 of the Constitution states that the contract/project.
use of property bears a social function, and This prohibition shall apply in all cases,
all economic agents shall contribute to the disputes or controversies instituted by a
common good. Towards this end, the State private party, including but not limited to
shall ensure the expeditious and efficient cases filed by bidders or those claiming to
implementation and completion of have rights through such bidders involving
government infrastructure projects to avoid such contract/project. This prohibition shall
unnecessary increase in construction, not apply when the matter is of extreme
maintenance and/or repair costs and to urgency involving a constitutional issue, such
immediately enjoy the social and economic that unless a temporary restraining order is
benefits therefrom. issued, grave injustice and irreparable injury
will arise. The applicant shall file a bond, in
Section 2. Definition of Terms. an amount to be fixed by the court, which
(a) National government projects" shall refer bond shall accrue in favor of the government
to all current and future national government if the court should finally decide that the
infrastructure, engineering works and service applicant was not entitled to the relief
contracts, including projects undertaken by sought.
government-owned and controlled In after due hearing the court finds that the
corporations, all projects covered by Republic award of the contract is null and void, the
Act No. 6957, as amended by Republic Act court may, if appropriate under the
No. 7718, otherwise known as the Build- circumstances, award the contract to the
Operate-and-Transfer Law, and other related qualified and winning bidder or order a
and necessary activities such as site rebidding of the same, without prejudice to
acquisition, supply and/or installation of any liability that the guilty party may incur
equipment and materials, implementation, under existing laws.
construction, completion, operation,
maintenance, improvement, repair and Section 4. Nullity of Writs and Orders. Any
rehabilitation, regardless of the source of temporary restraining order, preliminary
funding. injunction or preliminary mandatory
(b) "Service contracts" shall refer to injunction issued in violation of Section 3
infrastructure contracts entered into by any hereof is void and of no force and effect.
department, office or agency of the national
government with private entities and non-
Section 5. Designation of Regional Trial
government organizations for services
Courts. - The Supreme Court may designate
related or incidental to the functions and
regional trial courts to act as commissioners
operations of the department, office or
with the sole function of receiving facts of the
agency concerned.
case involving acquisition clearance and
development of right-of-way for government
Section 3. Prohibition on the Issuance of infrastructure projects. The designated
Temporary Restraining Orders, Preliminary regional trial court shall within thirty (30)
Mandatory Injunctions. No court, except the days from the date of receipt of the referral,
Supreme Court, shall issue any temporary forwards its findings of facts to the Supreme
restraining order, preliminary injunction or Court for appropriate action.
preliminary mandatory injunction against the
government, or any of its subdivisions,
Section 6. Penal Sanction. In addition to
officials or any person or entity, whether
any civil and criminal liabilities he or she may
public or private acting under the
incur under existing laws, any judge who
government direction, to restrain, prohibit or
shall issue a temporary restraining order,
compel the following acts:
preliminary injunction or preliminary
(a) Acquisition, clearance and development of mandatory injunction in violation of Section 3
the right-of-way and/or site or location of any hereof, shall suffer the penalty of suspension
national government project; of at least sixty (60) days without pay.
Section 7. Issuance of Permits. Upon During the pendency of an appeal, the
payment in cash of the necessary fees levied appellate court may allow an application for
under Republic Act No. 7160, as amended, the appointment of a receiver to be filed in
otherwise known as the Local Government and decided by the court of origin and the
Code of 1991, the governor of the province or receiver appointed to be subject to the
mayor of a highly-urbanized city shall control of said court. (1a)
immediately issue the necessary permit to
extract sand, gravel and other quarry Section 2. Bond on appointment of receiver.
resources needed in government projects. Before issuing the order appointing a
The issuance of said permit shall consider receiver the court shall require the applicant
environmental laws, land use ordinances and to file a bond executed to the party against
the pertinent provisions of the Local whom the application is presented, in an
Government Code relating to environment. amount to be fixed by the court, to the effect
that the applicant will pay such party all
RA No. 9136 Sec. 78 (2001) damages he may sustain by reason of the
AN ACT ORDAINING REFORMS IN THE appointment of such receiver in case the
ELECTRIC POWER INDUSTRY AMENDING applicant shall have procured such
FOR THE PURPOSE CERTAIN LAWS AND appointment without sufficient cause; and
FOR OTHER PURPOSES the court may, in its discretion, at any time
SEC. 78. Injunction and Restraining Order. after the appointment, require an additional
The implementation of the provisions of the bond as further security for such damages.
Act shall not be restrained or enjoined except (3a)
by an order issued by the Supreme Court of
the Philippines. Section 3. Denial of application or discharge
of receiver. The application may be
D. Receivership denied, or the receiver discharged, when the
Rules of Court Rule 59 adverse party files a bond executed to the
Section 1. Appointment of receiver. Upon applicant, in an amount to be fixed by the
a verified application, one or more receivers court, to the effect that such party will pay
of the property subject of the action or the applicant all damages he may suffer by
proceeding may be appointed by the court reason of the acts, omissions, or other
where the action is pending or by the Court matters specified in the application as ground
of Appeals or by the Supreme Court, or a for such appointment. The receiver may also
member thereof, in the following cases: be discharged if it is shown that his
(a) When it appears from the verified appointment was obtained without sufficient
application, and such other proof as the court cause. (4a)
may require, that the party applying for the
appointment of a receiver has an interest in Section 4. Oath and bond of receiver.
the property or fund which is the subject of Before entering upon his duties, the receiver
the action or proceeding, and that such shall be sworn to perform them faithfully, and
property or fund is in danger of being lost, shall file a bond, executed to such person and
removed, or materially injured unless a in such sum as the court may direct, to the
receiver be appointed to administer and effect that he will faithfully discharge his
preserve it; duties in the action or proceeding and obey
(b) When it appears in an action by the the orders of the court. (5a)
mortgagee for the foreclosure of a mortgage
that the property is in danger of being wasted Section 5. Service of copies of bonds; effect
or dissipated or materially injured, and that of disapproval of same. The person filing a
its value is probably insufficient to discharge bond in accordance with the provisions of this
the mortgage debt, or that the parties have Rule shall forthwith serve a copy thereof on
so stipulated in the contract of mortgage; each interested party, who may except to its
(c) After judgment, to preserve the property sufficiency or of the surety or sureties
during the pendency of an appeal, or to thereon. If either the applicant's or the
dispose of it according to the judgment, or to receiver's bond is found to be insufficient in
aid execution when the execution has been amount, or if the surety or sureties thereon
returned unsatisfied or the judgment obligor fail to justify, and a bond sufficient in amount
refuses to apply his property in satisfaction of with sufficient sureties approved after
the judgment, or otherwise to carry the justification is not filed forthwith, the
judgment into effect; application shall be denied or the receiver
(d) Whenever in other cases it appears that discharged, as the case may be. If the bond
the appointment of a receiver is the most of the adverse party is found to be
convenient and feasible means of preserving, insufficient in amount or the surety or
administering, or disposing of the property in sureties thereon fail to justify, and a bond
litigation. sufficient in amount with sufficient sureties
approved after justification is not filed Section 9. Judgment to include recovery
forthwith, the receiver shall be appointed or against sureties. The amount, if any, to be
re-appointed, as the case may be. (6a) awarded to any party upon any bond filed in
accordance with the provisions of this Rule,
Section 6. General powers of receiver. shall be claimed, ascertained, and granted
Subject to the control of the court in which under the same procedure prescribed in
the action or proceeding is pending a section 20 of Rule 57. (9a)
receiver shall have the power to bring and
defend, in such capacity, actions in his own
name; to take and keep possession of the E. Replevin
property in controversy; to receive rents; to Rules of Court Rule 60
collect debts due to himself as receiver or to Section 1. Application. A party praying for
the fund, property, estate, person, or the recovery of possession of personal
corporation of which he is the receiver; to property may, at the commencement of the
compound for and compromise the same; to action or at any time before answer, apply for
make transfers; to pay outstanding debts; to an order for the delivery of such property to
divide the money and other property that him, in the manner hereinafter provided. (1a)
shall remain among the persons legally
entitled to receive the same; and generally to Section 2. Affidavit and bond. The
do such acts respecting the property as the applicant must show by his own affidavit or
court may authorize. However, funds in the that of some other person who personally
hands of a receiver may be invested only by knows the facts:
order of the court upon the written consent of (a) That the applicant is the owner of the
all the parties to the action. (7a) property claimed, particularly describing it, or
No action may be filed by or against a is entitled to the possession thereof;
receiver without leave of the court which (b) That the property is wrongfully detained
appointed him. (n) by the adverse party, alleging the cause of
detention thereof according to the best of his
Section 7. Liability for refusal or neglect to knowledge, information, and belief ;
deliver property to receiver. A person who (c) That the property has not been distrained
refuses or neglects, upon reasonable or taken for a tax assessment or a fine
demand, to deliver to the receiver all the pursuant to law, or seized under a writ of
property, money, books, deeds, notes, bills, execution or preliminary attachment, or
documents and papers within his power or otherwise placed under custodia legis, or if so
control, subject of or involved in the action or seized, that it is exempt from such seizure or
proceeding, or in case of disagreement, as custody; and
determined and ordered by the court, may be (d) The actual market value of the property.
punished for contempt and shall be liable to
The applicant must also give a bond,
the receiver for the money or the value of the
executed to the adverse party in double the
property and other things so refused or
value of the property as stated in the affidavit
neglected to be surrendered, together with
aforementioned, for the return of the
all damages that may have been sustained
property to the adverse party if such return
by the party or parties entitled thereto as a
be adjudged, and for the payment to the
consequence of such refusal or neglect. (n)
adverse party of such sum as he may recover
from the applicant in the action. (2a)
Section 8. Termination of
receivership; compensation of receiver.
Section 3. Order. Upon the filing of such
Whenever the court, motu proprio or on
affidavit and approval of the bond, the court
motion of either party, shall determine that
shall issue an order and the corresponding
the necessity for a receiver no longer exists,
writ of replevin, describing the personal
it shall, after due notice to all interested
property alleged to be wrongfully detained
parties and hearing, settle the accounts of
and requiring the sheriff forthwith to take
the receiver, direct the delivery of the funds
such property into his custody. (3a)
and other property in his possession to the
person adjudged to be entitled to receive
them and order the discharge of the receiver Section 4. Duty of the sheriff. Upon
from further duty as such. The court shall receiving such order, the sheriff must serve a
allow the receiver such reasonable copy thereof on the adverse party, together
compensation as the circumstances of the with a copy of the application, affidavit and
case warrant, to be taxed as costs against bond, and must forthwith take the property, if
the defeated party, or apportioned, as justice it be in the possession of the adverse party,
requires. (8a) or his agent, and retain it in his custody. If the
property or any part thereof be concealed in
a building or enclosure, the sheriff must
demand its delivery, and if it be not
delivered, he must cause the building or property may be enforced against the bond
enclosure to be broken open and take the unless the action therefor is filed within one
property into his possession. After the sheriff hundred twenty (120) days from the date of
has take possession of the property as herein the filing of the bond.
provided, he must keep it in a secure place The sheriff shall not be liable for damages,
and shall be responsible for its delivery to the for the taking or keeping of such property, to
party entitled thereto upon receiving his fees any such third-party claimant if such bond
and necessary expenses for taking and shall be filed. Nothing herein contained shall
keeping the same. (4a) prevent such claimant or any third person
from vindicating his claim to the property, or
Section 5. Return of property. If the prevent the applicant from claiming damages
adverse party objects to the sufficiency of the against a third-party claimant who filed a
applicant's bond, or of the surety or sureties frivolous or plainly spurious claim, in the
thereon, he cannot immediately require the same or a separate action.
return of the property, but if he does not so When the writ of replevin is issued in favor of
object, he may, at any time before the the Republic of the Philippines, or any officer
delivery of the property to the applicant, duly representing it, the filing of such bond
require the return thereof, by filing with the shall not be required, and in case the sheriff
court where the action is pending a bond is sued for damages as a result of the
executed to the applicant, in double the value replevin, he shall be represented by the
of the property as stated in the applicant's Solicitor General, and if held liable therefor,
affidavit for the delivery thereof to the the actual damages adjudged by the court
applicant, if such delivery be adjudged, and shall be paid by the National Treasurer out of
for the payment of such sum, to him as may the funds to be appropriated for the purpose.
be recovered against the adverse party, and (7a)
by serving a copy of such bond on the
applicant. (5a) Section 8. Return of papers. The sheriff
must file the order, with his proceedings
Section 6. Disposition of property by indorsed, thereon, with the court within ten
sheriff. If within five (5) days after the (10) days after taking the property
taking of the property by the sheriff, the mentioned therein. (8a)
adverse party does not object to the
sufficiency of the bond, or of the surety or Section 9. Judgment. After trial of the
sureties thereon; or if the adverse party so issues the court shall determine who has the
objects and the court affirms its approval of right of possession to and the value of the
the applicant's bond or approves a new bond, property and shall render judgment in the
or if the adverse party requires the return of alternative for the delivery thereof to the
the property but his bond is objected to and party entitled to the same, or for its value in
found insufficient and he does not forthwith case delivery cannot be made, and also for
file an approved bond, the property shall be such damages as either party may prove,
delivered to the applicant. If for any reason with costs. (9a)
the property is not delivered to the applicant,
the sheriff must return it to the adverse party.
Section 10. Judgment to include recovery
(6a)
against sureties. The amount, if any, to be
Section 7. Proceedings where property awarded to any party upon any bond filed in
claimed by third person. If the property accordance with the provisions of this Rule,
taken is claimed by any person other than shall be claimed, ascertained, and granted
the party against whom the writ of replevin under the same procedure as prescribed in
had been issued or his agent, and such section 20 of Rule 57. (10a)
person makes an affidavit of his title thereto,
or right to the possession thereof, stating the
F. Support pendent elite
grounds therefor, and serves such affidavit
Rules of Court Rule 61
upon the sheriff while the latter has
possession of the property and a copy thereof Section 1. Application. At the
upon the applicant, the sheriff shall not be commencement of the proper action or
bound to keep the property under replevin or proceeding, or at any time prior to the
deliver it to the applicant unless the applicant judgment or final order, a verified application
or his agent, on demand of said sheriff, shall for support pendente lite may be filed by any
file a bond approved by the court to party stating the grounds for the claim and
indemnify the third-party claimant in a sum the financial conditions of both parties, and
not less than the value of the property under accompanied by affidavits, depositions or
replevin as provided in section 2 hereof. In other authentic documents in support
case of disagreement as to such value, the thereof. (1a)
court shall determine the same. No claim for
damages for the taking or keeping, of the
Section 2. Comment. A copy of the pendency, in accordance with the procedure
application and all supporting documents established under this Rule. (n)
shall be served upon the adverse party, who
shall have five (5) days to comment thereon Section 7. Restitution. When the
unless a different period is fixed by the court judgment or final order of the court finds that
upon his motion. The comment shall be the person who has been providing
verified and shall be accompanied by support pendente lite is not liable therefor, it
affidavits, depositions or other authentic shall order the recipient thereof to return to
documents in support thereof. (2a, 3a) the former the amounts already paid with
legal interest from the dates of actual
Section 3. Hearing. After the comment is payment, without prejudice to the right of the
filed, or after the expiration of the period for recipient to obtain reimbursement in a
its filing, the application shall be set for separate action from the person legally
hearing not more than three (3) days obliged to give the support. Should the
thereafter. The facts in issue shall be proved recipient fail to reimburse said amounts, the
in the same manner as is provided for person who provided the same may likewise
evidence on motions. (4a) seek reimbursement thereof in a separate
action from the person legally obliged to give
Section 4. Order. The court shall such support. (n)
determine provisionally the pertinent facts,
and shall render such orders as justice and XII. Discovery
equity may require, having the regard to the
probable outcome of the case and such other Rules of Court Rule 23
circumstances as may aid in the proper Depositions Pending Action
resolution of the question involved. If the Section 1. Depositions pending action, when
application is granted, the court shall fix the may be taken. By leave of court after
amount of money to be provisionally paid or jurisdiction has been obtained over any
such other forms of support as should be defendant or over property which is the
provided, taking into account the necessities subject of the action, or without such leave
of the applicant and the resources or means after an answer has been served, the
of the adverse party, and the terms of testimony of any person, whether a party or
payment or mode for providing the support. If not, may be taken, at the instance of any
the application is denied, the principal case party, by deposition upon oral examination or
shall be tried and decided as early as written interrogatories. The attendance of
possible. (5a) witnesses may be compelled by the use of a
subpoena as provided in Rule 21. Depositions
Section 5. Enforcement of order. If the shall be taken only in accordance with these
adverse party fails to comply with an order Rules. The deposition of a person confined in
granting support pendente lite, the court prison may be taken only by leave of court on
shall, motu proprio or upon motion; issue an such terms as the court prescribes. (1a, R24)
order of execution against him, without
prejudice to his liability for contempt. (6a) Section 2. Scope of examination. Unless
When the person ordered to give otherwise ordered by the court as provided
support pendente lite refuses or fails to do by section 16 or 18 of this Rule, the deponent
so, any third person who furnished that may be examined regarding any matter, not
support to the applicant may, after due privileged, which is relevant to the subject of
notice and hearing in the same case obtain a the pending action, whether relating to the
writ of execution to enforce his right of claim or defense of any other party, including
reimbursement against the person ordered to the existence, description, nature, custody,
provide such support. (h) condition, and location of any books,
documents, or other tangible things and the
Section 6. Support in criminal cases. In identity and location of persons having
criminal actions where the civil liability knowledge of relevant facts. (2, R24)
includes support for the offspring as a
consequence of the crime and the civil aspect Section 3. Examination and cross-
thereof has not been waived, reserved and examination. Examination and cross-
instituted prior to its filing, the accused may examination of deponents may proceed as
be ordered to provide support pendente permitted at the trial under sections 3 to 18
lite to the child born to the offended party of Rule 132. (3a, R24)
allegedly because of the crime. The
application therefor may be filed successively Section 4. Use of depositions. At the trial
by the offended party, her parents, or upon the hearing of a motion or an
grandparents or guardian and the State in interlocutory proceeding, any part or all of a
the corresponding criminal case during its deposition, so far as admissible under the
rules of evidence, may be used against any his own witness for any purpose by taking his
party who was present or represented at the deposition. (7, R24)
taking of the deposition or who had due
notice thereof, in accordance with any one of Section 8. Effect of using depositions. The
the following provisions; introduction in evidence of the deposition or
any part thereof for any purpose other than
Any deposition may be used by any party for that of contradicting or impeaching the
the purpose of contradicting or impeaching deponent makes the deponent the witness of
the testimony of deponent as a witness; the party introducing the deposition, but this
The deposition of a party or of any one who shall not apply to the use by an adverse
at the time of taking the deposition was an party of a deposition as described in
officer, director, or managing agent of a paragraph (b) of section 4 of this Rule. (8,
public or private corporation, partnership, or R24)
association which is a party may be used by
an adverse party for any purpose; Section 9. Rebutting deposition. At the
The deposition of a witness, whether or not a trial or hearing any party may rebut any
party, may be used by any party for any relevant evidence contained in a deposition
purpose if the court finds: (1) that the witness whether introduced by him or by any other
is dead, or (2) that the witness resides at a party. (9, R24)
distance more than one hundred (100)
kilometers from the place of trial or hearing, Section 10. Persons before whom
or is out of the Philippines, unless it appears depositions may be taken within the
that his absence was procured by the party Philippines. Within the Philippines
offering the deposition, or (3) that the depositions may be taken before any judge,
witness is unable to attend or testify because notary public, or the person referred to in
of age, sickness, infirmity, or imprisonment, section 14 hereof. (10a, R24)
or (4) that the party offering the deposition
has been unable to procure the attendance of
Section 11. Persons before whom
the witness by subpoena; or (5) upon
depositions may be taken in foreign
application and notice, that such exceptional
countries. In a foreign state or country,
circumstances exist as to make it desirable,
depositions may be taken (a) on notice
in the interest of justice and with due regard
before a secretary of embassy or legation,
to the importance of presenting the
consul general, consul, vice-consul, or
testimony of witnesses orally in open court,
consular agent of the Republic of the
to allow the deposition to be used; and
Philippines, (b) before such person or officer
If only part of a deposition is offered in as may be appointed by commission or under
evidence by a party, the adverse party may letters rogatory; or (c) the person referred to
require him to introduce all of it which is in section 14 hereof. (11a, R24)
relevant to the part introduced, and any party
may introduce any other parts. (4a, R24)
Section 12. Commission or letters rogatory.
A commission or letters rogatory shall be
Section 5. Effect of substitution of parties. issued only when necessary or convenient,
Substitution of parties does not affect the on application and notice, and on such terms,
right to use depositions previously taken; and with such direction as are just and
and, when an action has been dismissed and appropriate. Officers may be designated in
another action involving the same subject is notices or commissions either by name or
afterward brought between the same parties descriptive title and letters rogatory may be
or their representatives or successors in addressed to the appropriate judicial
interest, all depositions lawfully taken and authority in the foreign country. (12a, R24)
duly filed in the former action may be used in
the latter as if originally taken therefor. (5,
R24) Section 13. Disqualification by interest.
No deposition shall be taken before a person
who is a relative within the sixth degree of
Section 6. Objections to admissibility. consanguinity or affinity, or employee or
Subject to the provisions of section 29 of this counsel of any of the parties, or who is a
Rule, objection may be made at the trial or relative within the same degree, or employee
hearing, to receiving in evidence any of such counsel; or who is financially
deposition or part thereof for any reason interested in the action. (13a, R24)
which would require the exclusion of the
evidence if the witness were then present
and testifying (6, R24) Section 14. Stipulations regarding taking of
depositions. If the parties so stipulate in
writing, depositions may be taken before any
Section 7. Effect of taking depositions. A person authorized to administer oaths, at any
party shall not be deemed to make a person time or place, in accordance with these Rules
and when so taken may be used like other served with notice of taking a deposition may
depositions. (14a, R24) transmit written interrogatories to the
officers, who shall propound them to the
Section 15. Deposition upon oral witness and record the answers verbatim.
examination; notice; time and place. A (17, R24)
party desiring to take the deposition of any
person upon oral examination shall give Section 18. Motion to terminate or limit
reasonable notice in writing, to every other examination. At any time during the taking
party to the action. The notice shall state the of the deposition, on motion or petition of any
time and place for taking the deposition and party or of the deponent, and upon a showing
the name and address of each person to be that the examination is being conducted in
examined, if known, and if the name is not bad faith or in such manner as unreasonably
known, a general description sufficient to to annoy, embarrass, or oppress the
identify him or the particular class or group to deponent or party, the court in which the
which he belongs. On motion of any party action is pending or the Regional Trial Court
upon whom the notice is served, the court of the place where the deposition is being
may for cause shown enlarge or shorten the taken may order the officer conducting the
time. (15, R24) examination to cease forthwith from taking
the deposition, or may limit the scope and
Section 16. Orders for the protection of manner of the taking of the deposition, as
parties and deponents. After notice is provided in section 16 of this Rule. If the
served for taking a deposition by oral order made terminates the examination, it
examination, upon motion seasonably made shall be resumed thereafter only upon the
by any party or by the person to be examined order of the court in which the action is
and for good cause shown, the court in which pending. Upon demand of the objecting party
the action is pending may make an order that or deponent, the taking of the deposition
the deposition shall not be taken, or that it shall be suspended for the time necessary to
may be taken only at some designated place make a notice for an order. In granting or
other than that stated in the notice, or that it refusing such order, the court may impose
may be taken only on written interrogatories, upon either party or upon the witness the
or that certain matters shall not be inquired requirement to pay such costs or expenses as
into, or that the scope of the examination the court may deem reasonable. (18a, R24)
shall be held with no one present except the
parties to the action and their officers or Section 19. Submission to
counsel, or that after being sealed the witness; changes; signing. When the
deposition shall be opened only by order of testimony is fully transcribed, the deposition
the court, or that secret processes, shall be submitted to the witness for
developments, or research need not be examination and shall be read to or by him,
disclosed, or that the parties shall unless such examination and reading are
simultaneously file specified documents or waived by the witness and by the parties.
information enclosed in sealed envelopes to Any changes in form or substance which the
be opened as directed by the court or the witness desires to make shall be entered
court may make any other order which justice upon the deposition by the officer with a
requires to protect the party or witness from statement of the reasons given by the
annoyance, embarrassment, or oppression. witness for making them. The deposition shall
(16a, R24) then be signed by the witness, unless the
parties by stipulation waive the signing or the
Section 17. Record of witness is ill or cannot be found or refuses to
examination, oath; objections. The officer sign. If the deposition is not signed by the
before whom the deposition is to be taken witness, the officer shall sign it and state on
shall put the witness on oath and shall the record the fact of the waiver or of the
personally, or by some one acting under his illness or absence of the witness or the fact
direction and in his presence, record the of the refusal to sign together with the reason
testimony of the witness. The testimony shall be given therefor, if any, and the deposition
be taken stenographically unless the parties may then be used as fully as though signed,
agree otherwise. All objections made at the unless on a motion to suppress under section
time of the examination to the qualifications 29 (f) of this Rule, the court holds that the
of the officer taking the deposition, or to the reasons given for the refusal to sign require
manner of talking it, or to the evidence rejection of the deposition in whole or in part.
presented, or to the conduct of any party, (19a, R24)
and any other objection to the proceedings,
shall be noted by the officer upon the Section 20. Certification, and filing by
deposition. Evidence objected to shall be officer. The officer shall certify on the
taken subject to the objections. In lieu of deposition that the witness was duly sworn to
participating in the oral examination, parties by him and that the deposition is a true
record of the testimony given by the witness. Section 26. Officers to take responses and
He shall then securely seal the deposition in prepare record. A copy of the notice and
an envelope indorsed with the title of the copies of all interrogatories served shall be
action and marked "Deposition of (here insert delivered by the party taking the deposition
the name of witness)" and shall promptly file to the officer designated in the notice, who
it with the court in which the action is shall proceed promptly, in the manner
pending or send it by registered mail to the provided by sections 17, 19 and 20 of this
clerk thereof for filing. (20, R24) Rule, to take the testimony of the witness in
response to the interrogatories and to
Section 21. Notice of filing. The officer prepare, certify, and file or mail the
taking the deposition shall give prompt notice deposition, attaching thereto the copy of the
of its filing to all the parties. (21, R24) notice and the interrogatories received by
him. (26, R24)
Section 22. Furnishing copies. Upon
payment of reasonable charges therefor, the Section 27. Notice of filing and furnishing
officer shall furnish a copy of the deposition copies. When a deposition upon
to any party or to the deponent. (22, R24) interrogatories is filed, the officer taking it
shall promptly give notice thereof to all the
parties, and may furnish copies to them or to
Section 23. Failure to attend of party giving the deponent upon payment of reasonable
notice. If the party giving the notice of the charges therefor. (27, R24)
taking of a deposition fails to attend and
proceed therewith and another attends in
person or by counsel pursuant to the notice, Section 28. Order for the protection of
the court may order the party giving the parties and deponents. After the service of
notice to pay such other party the amount of the interrogatories and prior to the taking of
the reasonable expenses incurred by him and the testimony of the deponent, the court in
his counsel in so attending, including which the action is pending, on motion
reasonable attorney's fees. (23a, R24) promptly made by a party or a deponent, and
for good cause shown, may make any order
specified in sections 15, 16 and 18 of this
Section 24. Failure of party giving notice to Rule which is appropriate and just or an order
serve subpoena. If the party giving the that the deposition shall not be taken before
notice of the taking of a deposition of a the officer designated in the notice or that it
witness fails to serve a subpoena upon him shall not be taken except upon oral
and the witness because of such failure does examination. (28a, R24)
not attend, and if another party attends in
person or by counsel because he expects the
deposition of that witness to be taken, the Section 29. Effect of errors and
court may order the party giving the notice to irregularities in depositions.
pay to such other party the amount of the As to notice. All errors and irregularities in
reasonable expenses incurred by him and his the notice for taking a deposition are waived
counsel in so attending, including reasonable unless written objection is promptly served
attorney's fees. (24a, R24) upon the party giving the notice.

Section 25. Deposition upon written As to disqualification of officer. Objection


interrogatories; service of notice and of to taking a deposition because of
interrogatories. A party desiring to take disqualification of the officer before whom it
the deposition of any person upon written is to be taken is waived unless made before
interrogatories shall serve them upon every the taking of the deposition begins or as soon
other party with a notice stating the name thereafter as the disqualification becomes
and address of the person who is to answer known or could be discovered with
them and the name or descriptive title and reasonable diligence.
address of the officer before whom the
deposition is to be taken. Within ten (10) As to competency or relevancy of evidence.
days thereafter, a party so served may serve Objections to the competency of witness or
cross-interrogatories upon the party the competency, relevancy, or materiality of
proposing to take the deposition. Within five testimony are not waived by failure to make
(5) days thereafter, the latter may serve re- them before or during the taking of the
direct interrogatories upon a party who has deposition, unless the ground, of the
served cross-interrogatories. Within three (3) objection is one which might have been
days after being served with re-direct obviated or removed if presented at that
interrogatories, a party may serve recross- time.
interrogatories upon the party proposing to
take the deposition. (25, R24) As to oral examination and other particulars.
Errors and irregularities occurring at the
oral examination in the manner of taking the the petitioner to take the depositions of the
deposition in the form of the questions or persons to be examined named in the
answers, in the oath or affirmation, or in the petition for the purpose of perpetuating their
conduct of the parties and errors of any kind testimony. (2, R134)
which might be obviated, removed, or cured
if promptly prosecuted, are waived unless Section 3. Notice and service. The
reasonable objection thereto is made at the petitioner shall serve a notice upon each
taking of the deposition. person named in the petition as an expected
adverse party, together with a copy of the
As to form of written interrogatories. petition, stating that the petitioner will apply
Objections to the form of written to the court, at a time and place named
interrogatories submitted under sections 25 therein, for the order described in the
and 26 of this Rule are waived unless served petition. At least twenty (20) days before the
in writing upon the party propounding them date of the hearing, the court shall cause
within the time allowed for serving notice thereof to be served on the parties
succeeding cross or other interrogatories and and prospective deponents in the manner
within three (3) days after service of the last provided for service of summons. (3a, R134)
interrogatories authorized.
Section 4. Order and examination. If the
As to manner of preparation. Errors and court is satisfied that the perpetuation of the
irregularities in the manner in which the testimony may prevent a failure or delay of
testimony is transcribed or the deposition is justice, it shall make an order designating or
prepared, signed, certified, sealed, indorsed, describing the persons whose deposition may
transmitted, filed, or otherwise dealt with by be taken and specifying the subject matter of
the officer under sections 17, 19, 20 and 26 the examination and whether the depositions
of this Rule are waived unless a motion to shall be taken upon oral examination or
suppress the deposition or some part thereof written interrogatories. The depositions may
is made with reasonable promptness after be taken in accordance with Rule 23 before
such defect is, or with due diligence might the hearing. (4a, R134)
have been, ascertained. (29a, R24)
Section 5. Reference to court. For the
purpose of applying Rule 23 to depositions
Rules of Court Rule 24 for perpetuating testimony, each reference
Depositions Before Action or Pending therein to the court in which the action is
Appeal pending shall be deemed to refer to the court
Section 1. Depositions before in which the petition for such deposition was
action; petition. A person who desires to filed. (5a, R134)
perpetuate his own testimony or that of
another person regarding any matter that Section 6. Use of deposition. If a
may be cognizable in any court of the deposition to perpetuate testimony is taken
Philippines may file a verified petition in the under this Rule, or if, although not so taken, it
court of the place of the residence of any would be admissible in evidence, it may be
expected adverse party. (1a R134) used in any action involving the same subject
matter sub-sequently brought in accordance
Section 2. Contents of petition. The with the provisions of sections 4 and 5 of Rule
petition shall be entitled in the name of the 23. (6a, R134)
petitioner and shall show:
(a) that the petitioner expects to be a party Section 7. Depositions pending appeal. If
to an action in a court of the Philippines but is an appeal has been taken from a judgment of
presently unable to bring it or cause it to be a court, including the Court of Appeals in
brought; proper cases, or before the taking of an
(b) the subject matter of the expected action appeal if the time therefor has not expired,
and his interest therein; the court in which the judgment was
rendered may allow the taking of depositions
(c) the facts which he desires to establish by
of witnesses to perpetuate their testimony for
the proposed testimony and his reasons for
in the event of further proceedings in the said
desiring to perpetuate it;
court. In such case the party who desires to
(d) the names or a description of the persons perpetuate the testimony may make a
he expects will be adverse parties and their motion in the said court for leave to take the
addresses so far as known; and depositions, upon the same notice and
(e) the names and addresses of the persons service thereof as if the action was pending
to be examined and the substance of the therein. The motion shall state
testimony which he expects to elicit from (a) the names and addresses of the persons
each, and shall ask for an order authorizing to be examined and the substance of the
testimony which he expects to elicit from with written interrogatories may not be
each, and compelled by the adverse party to give
(b) the reason for perpetuating their testimony in open court, or to give a
testimony. If the court finds that the deposition pending appeal. (n)
perpetuation of the testimony is proper to
avoid a failure or delay of justice, it may
make an order allowing the deposition to be Rules of Court Rule 26
taken, and thereupon the depositions may be Admission by Adverse Party
taken and used in the same manner and Section 1. Request for admission. At any
under the same conditions as are prescribed time after issues have been joined, a party
in these Rules for depositions taken in may file and serve upon any other party may
pending actions. (7a, R134) file and serve upon any other party a written
request for the admission by the latter of the
genuineness of any material and relevant
Rules of Court Rule 25 document described in and exhibited with the
Interrogatories to Parties request or of the truth of any material and
Section 1. Interrogatories to parties; service relevant matter of fact set forth in the
thereof. Under the same conditions request. Copies of the documents shall be
specified in section 1 of Rule 23, any party delivered with the request unless copy have
desiring to elicit material and relevant facts already been furnished. (1a)
from any adverse parties shall file and serve
upon the latter written interrogatories to be Section 2. Implied admission. Each of the
answered by the party served or, if the party matters of which an admission is requested
served is a public or private corporation or a shall be deemed admitted unless, within a
partnership or association, by any officer period designated in the request, which shall
thereof competent to testify in its behalf. (1a) not be less than fifteen (15) days after
service thereof, or within such further time as
Section 2. Answer to interrogatories. The the court may allow on motion, the party to
interrogatories shall be answered fully in whom the request is directed files and serves
writing and shall be signed and sworn to by upon the party requesting the admission a
the person making them. The party upon sworn statement either denying specifically
whom the interrogatories have been served the matters of which an admission is
shall file and serve a copy of the answers on requested or setting forth in detail the
the party submitting the interrogatories reasons why he cannot truthfully either admit
within fifteen (15) days after service thereof or deny those matters.
unless the court on motion and for good Objections to any request for admission shall
cause shown, extends or shortens the time. be submitted to the court by the party
(2a) requested within the period for and prior to
the filing of his sworn statement as
contemplated in the preceding paragraph
Section 3. Objections to interrogatories.
and his compliance therewith shall be
Objections to any interrogatories may be
deferred until such objections are resolved,
presented to the court within ten (10) days
which resolution shall be made as early as
after service thereof, with notice as in case of
practicable. (2a)
a motion; and answers shall be deferred until
the objections are resolved, which shall be at
as early a time as is practicable. (3a) Section 3. Effect of admission. Any
admission made by a party pursuant to such
request is for the purpose of the pending
Section 4. Number of interrogatories. No
action only and shall not constitute an
party may, without leave of court, serve more
admission by him for any other purpose nor
than one set of interrogatories to be
may the same be used against him in any
answered by the same party. (4)
other proceeding. (3)

Section 5. Scope and use of interrogatories.


Section 4. Withdrawal. The court may
Interrogatories may relate to any matters
allow the party making an admission under
that can be inquired into under section 2 of
the Rule, whether express or implied, to
Rule 23, and the answers may be used for
withdraw or amend it upon such terms as
the same purposes provided in section 4 of
may be just. (4)
the same Rule. (5a)

Section 5. Effect of failure to file and serve


Section 6. Effect of failure to serve written
request for admission. Unless otherwise
interrogatories. Unless thereafter allowed
allowed by the court for good cause shown
by the court for good cause shown and to
and to prevent a failure of justice a party who
prevent a failure of justice, a party not served
fails to file and serve a request for admission
on the adverse party of material and relevant to be made shall be entitled upon request to
facts at issue which are, or ought to be, receive from the party examined a like report
within the personal knowledge of the latter, of any examination, previously or thereafter
shall not be permitted to present evidence on made, of the same mental or physical
such facts. (n) condition. If the party examined refuses to
deliver such report, the court on motion and
notice may make an order requiring delivery
on such terms as are just, and if a physician
Rules of Court Rule 27
fails or refuses to make such a report the
Production or Inspection of Documents court may exclude his testimony if offered at
or Things the trial. (3a)
Section 1. Motion for production or
inspection; order. Upon motion of any
Section 4. Waiver of privilege. By
party showing good cause therefor, the court
requesting and obtaining a report of the
in which an action is pending may
examination so ordered or by taking the
(a) order any party to produce and permit the deposition of the examiner, the party
inspection and copying or photographing, by examined waives any privilege he may have
or on behalf of the moving party, of any in that action or any other involving the same
designated documents, papers, books, controversy, regarding the testimony of every
accounts, letters, photographs, objects or other person who has examined or may
tangible things, not privileged, which thereafter examine him in respect of the
constitute or contain evidence material to same mental or physical examination. (4)
any matter involved in the action and which
are in his possession, custody or control, or
(b) order any party to permit entry upon
Rules of Court Rule 29
designated land or other property in his
possession or control for the purpose of Refusal to Comply with Modes of
inspecting, measuring, surveying, or Discovery
photographing the property or any Section 1. Refusal to answer. If a party or
designated relevant object or operation other deponent refuses to answer any
thereon. The order shall specify the time, question upon oral examination, the
place and manner of making the inspection examination may be completed on other
and taking copies and photographs, and may matters or adjourned as the proponent of the
prescribe such terms and conditions as are question may prefer. The proponent may
just. (1a) thereafter apply to the proper court of the
place where the deposition is being taken, for
an order to compel an answer. The same
procedure may be availed of when a party or
Rules of Court Rule 28
a witness refuses to answer any interrogatory
Physical and Mental Examination of submitted under Rules 23 or 25.
Persons
If the application is granted, the court shall
Section 1. When examination may be require the refusing party or deponent to
ordered. In an action in which the mental answer the question or interrogatory and if it
or physical condition of a party is in also finds that the refusal to answer was
controversy, the court in which the action is without substantial justification, it may
pending may in its discretion order him to require the refusing party or deponent or the
submit to a physical or mental examination counsel advising the refusal, or both of them,
by a physician. (1) to pay the proponent the amount of the
reasonable expenses incurred in obtaining
Section 2. Order for examination. The the order, including attorney's fees.
order for examination may be made only on If the application is denied and the court finds
motion for good cause shown and upon that it was filed without substantial
notice to the party to be examined and to all justification, the court may require the
other parties, and shall specify the time, proponent or the counsel advising the filing
place, manner, conditions and scope of the of the application, or both of them, to pay to
examination and the person or persons by the refusing party or deponent the amount of
whom it is to be made. (2) the reasonable expenses incurred in opposing
the application, including attorney's fees.
Section 3. Report of findings. If requested (1a)
by the party examined, the party causing the
examination to be made shall deliver to him a Section 2. Contempt of court. If a party or
copy of a detailed written report of the other witness refuses to be sworn or refuses
examining physician setting out his findings to answer any question after being directed
and conclusions. After such request and to do so by the court of the place in which
delivery, the party causing the examination
the deposition is being taken, the refusal may Section 5. Failure of party to attend or serve
be considered a contempt of that court. (2a) answers. If a party or an officer or
managing agent of a party wilfully fails to
Section 3. Other consequences. If any appear before the officer who is to take his
party or an officer or managing agent of a deposition, after being served with a proper
party refuses to obey an order made under notice, or fails to serve answers to
section 1 of this Rule requiring him to answer interrogatories submitted under Rule 25 after
designated questions, or an order under Rule proper service of such interrogatories, the
27 to produce any document or other thing court on motion and notice, may strike out all
for inspection, copying, or photographing or or any part of any pleading of that party, or
to permit it to be done, or to permit entry dismiss the action or proceeding or any part
upon land or other property or an order made thereof, or enter a judgment by default
under Rule 28 requiring him to submit to a against that party, and in its discretion, order
physical or mental examination, the court him to pay reasonable expenses incurred by
may make such orders in regard to the the other, including attorney's fees. (5)
refusal as are just, and among others the
following: Section 6. Expenses against the Republic of
An order that the matters regarding which the Philippines. Expenses and attorney's
the questions were asked, or the character or fees are not to be imposed upon the Republic
description of the thing or land, or the of the Philippines under this Rule. (6)
contents of the paper, or the physical or
mental condition of the party, or any other
designated facts shall be taken to be A. Generally
established for the purposes of the action in
accordance with the claim of the party B. Depositions
obtaining the order; C. Interrogatories to parties
An order refusing to allow the disobedient D. Request for admissions
party to support or oppose designated claims E. Production or inspection of documents or
or defenses or prohibiting him from things
introducing in evidence designated F. Physical and mental examinations of
documents or things or items of testimony, or persons
from introducing evidence of physical or G. Sanctions for refusal to make discovery
mental condition;
An order striking out pleadings or parts XIII. Pre-trial
thereof, or staying further proceedings until
the order is obeyed, or dismissing the action Rules of Court Rule 18 Sec. 1
or proceeding or any part thereof, or Section 1. When conducted. After the last
rendering a judgment by default against the pleading has been served and filed, if shall be
disobedient party; and the duty of the plaintiff to promptly move ex
In lieu of any of the foregoing orders or in parte that the case be set for pre-trial (5a,
addition thereto, an order directing the arrest R20)
of any party or agent of a party for
disobeying any of such orders except an Rules of Court Rule 18 Sec. 2
order to submit to a physical or mental Section 2. Nature and purpose. The pre-
examination. (3a) trial is mandatory. The court shall consider:
(a) The possibility of an amicable settlement
Section 4. Expenses on refusal to admit. or of a submission to alternative modes of
If a party after being served with a request dispute resolution;
under Rule 26 to admit the genuineness of (b) The simplification of the issues;
any document or the truth of any matter of (c) The necessity or desirability of
fact serves a sworn denial thereof and if the amendments to the pleadings;
party requesting the admissions thereafter (d) The possibility of obtaining stipulations or
proves the genuineness of such document or admissions of facts and of documents to
the truth of any such matter of fact, he may avoid unnecessary proof;
apply to the court for an order requiring the (e) The limitation of the number of witnesses;
other party to pay him the reasonable
(f) The advisability of a preliminary reference
expenses incurred in making such proof,
of issues to a commissioner;
including attorney's fees. Unless the court
finds that there were good reasons for the (g) The propriety of rendering judgment on
denial or that admissions sought were of no the pleadings, or summary judgment, or of
substantial importance, such order shall be dismissing the action should a valid ground
issued. (4a) therefor be found to exist;
(h) The advisability or necessity of
suspending the proceedings; and
(i) Such other matters as may aid in the unreasonable length of time, or to comply
prompt disposition of the action. (1a, R20) with these Rules or any order of the court,
the complaint may be dismissed upon motion
Rules of Court Rule 18 Sec. 6 of the defendant or upon the court's own
Section 6. Pre-trial brief. The parties shall motion, without prejudice to the right of the
file with the court and serve on the adverse defendant to prosecute his counterclaim in
party, in such manner as shall ensure their the same or in a separate action. This
receipt thereof at least three (3) days before dismissal shall have the effect of an
the date of the pre-trial, their respective pre- adjudication upon the merits, unless
trial briefs which shall contain, among others: otherwise declared by the court. (3a)
(a) A statement of their willingness to enter
into amicable settlement or alternative Rules of Court Rule 9 Sec. 3
modes of dispute resolution, indicating the Section 3. Default; declaration of. If the
desired terms thereof; defending party fails to answer within the
(b) A summary of admitted facts and time allowed therefor, the court shall, upon
proposed stipulation of facts; motion of the claiming party with notice to
the defending party, and proof of such
(c) The issues to be tried or resolved;
failure, declare the defending party in
(d) The documents or exhibits to be default. Thereupon, the court shall proceed to
presented stating the purpose thereof; render judgment granting the claimant such
(e) A manifestation of their having availed or relief as his pleading may warrant, unless the
their intention to avail themselves of court in its discretion requires the claimant to
discovery procedures or referral to submit evidence. Such reception of evidence
commissioners; and may be delegated to the clerk of court. (1a,
(f) The number and names of the witnesses, R18)
and the substance of their respective (a) Effect of order of default. A party in
testimonies. default shall be entitled to notice of
Failure to file the pre-trial brief shall have the subsequent proceedings but not to take part
same effect as failure to appear at the pre- in the trial. (2a, R18)
trial. (n) (b) Relief from order of default. A party
declared in default may at any time after
AM No. 03-1-09-SC July 13 2004 notice thereof and before judgment file a
motion under oath to set aside the order of
Rules of Court Rule 18 Sec. 4 default upon proper showing that his failure
Section 4. Appearance of parties. It shall to answer was due to fraud, accident,
be the duty of the parties and their counsel mistake or excusable negligence and that he
to appear at the pre-trial. The non- has a meritorious defense. In such case, the
appearance of a party may be excused only if order of default may be set aside on such
a valid cause is shown therefor or if a terms and conditions as the judge may
representative shall appear in his behalf fully impose in the interest of justice. (3a, R18)
authorized in writing to enter into an (c) Effect of partial default. When a
amicable settlement, to submit to alternative pleading asserting a claim states a common
modes of dispute resolution, and to enter into cause of action against several defending
stipulations or admissions of facts and of parties, some of whom answer and the others
documents. (n) fail to do so, the court shall try the case
against all upon the answers thus filed and
Rules of Court Rule 18 Sec. 5 render judgment upon the evidence
Section 5. Effect of failure to appear. The presented. (4a, R18).
failure of the plaintiff to appear when so (d) Extent of relief to be awarded. A
required pursuant to the next preceding judgment rendered against a party in default
section shall be cause for dismissal of the shall not exceed the amount or be different in
action. The dismissal shall be with prejudice, kind from that prayed for nor award
unless other-wise ordered by the court. A unliquidated damages. (5a, R18).
similar failure on the part of the defendant (e) Where no defaults allowed. If the
shall be cause to allow the plaintiff to present defending party in an action for annulment or
his evidence ex parte and the court to render declaration of nullity of marriage or for legal
judgment on the basis thereof. (2a, R20) separation fails to answer, the court shall
order the prosecuting attorney to investigate
Rules of Court Rule 17 Sec. 3 whether or not a collusion between the
Section 3. Dismissal due to fault of parties exists, and if there is no collusion, to
plaintiff. If, for no justifiable cause, the intervene for the State in order to see to it
plaintiff fails to appear on the date of the that the evidence submitted is not fabricated.
presentation of his evidence in chief on the (6a, R18)
complaint, or to prosecute his action for an
Rules of Court Rule 18 Sec. 1 supra
of the matters considered. Should the action
Rules of Court Rule 18 Sec. 3 proceed to trial, the order shall, explicitly
Section 3. Notice of pre-trial. The notice define and limit the issues to be tried. The
of pre-trial shall be served on counsel, or on contents of the order shall control the
the party who has no counsel. The counsel subsequent course of the action, unless
served with such notice is charged with the modified before trial to prevent manifest
duty of notifying the party represented by injustice. (5a, R20)
him. (n)
Rules of Court Rule 9 Sec. 3 supra
Rules of Court Rule 18 Sec. 6 supra
AM No. 03-1-09-SC July 13 2004
Rules of Court Rule 18 Sec. 7 AM No. 01-10-5-SC-PHILJA October 16
Section 7. Record of pre-trial. The 2001
proceedings in the pre-trial shall be recorded. Admin Order No. 59-2005 April 26 2005
Upon the termination thereof, the court shall AM No. 11-1-6-SC-PHILJA January 11
issue an order which shall recite in detail the 2011
matters taken up in the conference, the
action taken thereon, the amendments
allowed to the pleadings, and the agreements
or admissions made by the parties as to any

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