REVIEWER (JMCRUZ)

RULE 3

Parties to Civil Actions

Section 1. Who may be parties; plaintiff and defendant. Only

natural or juridical persons, or entities authorized by law may be
parties in a civil action. The term "plaintiff" may refer to the
claiming party, the counter-claimant, the cross-claimant, or the
third (fourth, etc.) party plaintiff. The term "defendant" may
refer to the original defending party, the defendant in a counter-
claim, the cross-defendant, or the third (fourth, etc.) party
defendant. (1a)

Section 2. Parties in interest. A real party in interest is the

party who stands to be benefited or injured by the judgment in the
suit, or the party entitled to the avails of the suit. Unless
otherwise authorized by law or these Rules, every action must be
prosecuted or defended in the name of the real party in interest.
(2a)

Section 7. Compulsory joinder of indispensable parties. Parties

in interest without whom no final determination can be had of an
action shall be joined either as plaintiffs or defendants. (7)

Section 8. Necessary party. A necessary party is one who is

not indispensable but who ought to be joined as a party if
complete relief is to be accorded as to those already parties, or for
a complete determination or settlement of the claim subject of the
action. (8a)

RULE 4

Venue of Actions

Section 1. Venue of real actions. Actions affecting title to or

possession of real property, or interest therein, shall be
commenced and tried in the proper court which has jurisdiction
over the area wherein the real property involved, or a portion
thereof, is situated.

Forcible entry and detainer actions shall be commenced and tried

in the municipal trial court of the municipality or city wherein the
real property involved, or a portion thereof, is situated. (1[a], 2[a]a)
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RULE 8

Manner of Making Allegations in Pleadings

Section 7. Action or defense based on document. Whenever an

action or defense is based upon a written instrument or
document, the substance of such instrument or document shall
be set forth in the pleading, and the original or a copy thereof
shall be attached to the pleading as an exhibit, which shall be
deemed to be a part of the pleading, or said copy may with like
effect be set forth in the pleading. (7)

Section 8. How to contest such documents. When an action or

defense is founded upon a written instrument, copied in or
attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse party,
under oath specifically denies them, and sets forth what he claims
to be the facts, but the requirement of an oath does not apply
when the adverse party does not appear to be a party to the
instrument or when compliance with an order for an inspection of
the original instrument is refused.

Section 11. Allegations not specifically denied deemed admitted.

Material averment in the complaint, other than those as to the
amount of unliquidated damages, shall be deemed admitted when
not specifically denied. Allegations of usury in a complaint to
recover usurious interest are deemed admitted if not denied under
oath.

RULE 10

Amended and Supplemental Pleadings

Section 3. Amendments by leave of court. Except as provided in

the next preceding section, substantial amendments may be made
only upon leave of court. But such leave may be refused if it
appears to the court that the motion was made with intent to
delay. Orders of the court upon the matters provided in this
section shall be made upon motion filed in court, and after notice
to the adverse party, and an opportunity to be heard. (3a)

RULE 18

Pre-Trial
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Section 5. Effect of failure to appear. The failure of the plaintiff
to appear when so required pursuant to the next preceding section
shall be cause for dismissal of the action. The dismissal shall be
with prejudice, unless other-wise ordered by the court. A similar
failure on the part of the defendant shall be cause to allow the
plaintiff to present his evidence ex parte and the court to render
judgment on the basis thereof.

RULE 21

Subpoena

Section 4. Quashing a subpoena. The court may quash a

subpoena duces tecum upon motion promptly made and, in any
event, at or before the time specified therein if it is unreasonable
and oppressive, or the relevancy of the books, documents or
things does not appear, or if the person in whose behalf the
subpoena is issued fails to advance the reasonable cost of the
production thereof.

The court may quash a subpoena ad testificandum on the ground

that the witness is not bound thereby. In either case, the
subpoena may be quashed on the ground that the witness fees
and kilometrage allowed by these Rules were not tendered when
the subpoena was served. (4a, R23)

Section 5. Subpoena for depositions. Proof of service of a notice

to take a deposition, as provided in sections 15 and 25 of Rule 23,
shall constitute sufficient authorization for the issuance of
subpoenas for the persons named in said notice by the clerk of the
court of the place in which the deposition is to be taken. The clerk
shall not, however, issue a subpoena duces tecum to any such
person without an order of the court. (5a, R23)

Section 6. Service. Service of a subpoena shall be made in the

same manner as personal or substituted service of summons. The
original shall be exhibited and a copy thereof delivered to the
person on whom it is served, tendering to him the fees for one
day's attendance and the kilometrage allowed by these Rules,
except that, when a subpoena is issued by or on behalf of the
Republic of the Philippines or an officer or agency thereof, the
tender need not be made. The service must be made so as to allow
the witness a reasonable time for preparation and travel to the
place of attendance. If the subpoena is duces tecum, the
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reasonable cost of producing the books, documents or things
demanded shall also be tendered. (6a, R23)

Section 7. Personal appearance in court. A person present in

court before a judicial officer may be required to testify as if he
were in attendance upon a subpoena is sued by such court or
officer. (10, R23)

RULE 23

Depositions Pending Action

Section 1. Depositions pending action, when may be taken. By

leave of court after jurisdiction has been obtained over any
defendant or over property which is the subject of the action, or
without such leave after an answer has been served, the testimony
of any person, whether a party or not, may be taken, at the
instance of any party, by deposition upon oral examination or
written interrogatories. The attendance of witnesses may be
compelled by the use of a subpoena as provided in Rule 21.
Depositions shall be taken only in accordance with these Rules.
The deposition of a person confined in prison may be taken only
by leave of court on such terms as the court prescribes. (1a, R24)

Section 4. Use of depositions. At the trial or upon the hearing

of a motion or an interlocutory proceeding, any part or all of a
deposition, so far as admissible under the rules of evidence, may
be used against any party who was present or represented at the
taking of the deposition or who had due notice thereof, in
accordance with any one of the following provisions;

(a) Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of deponent as a
witness;

(b) The deposition of a party or of any one who at the time of

taking the deposition was an officer, director, or managing agent of
a public or private corporation, partnership, or association which
is a party may be used by an adverse party for any purpose;

(c) The deposition of a witness, whether or not a party, may be

used by any party for any purpose if the court finds: (1) that the
witness is dead, or (2) that the witness resides at a distance more
than one hundred (100) kilometers from the place of trial or
hearing, or is out of the Philippines, unless it appears that his
absence was procured by the party offering the deposition, or (3)
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that the witness is unable to attend or testify because of age,
sickness, infirmity, or imprisonment, or (4) that the party offering
the deposition has been unable to procure the attendance of the
witness by subpoena; or (5) upon application and notice, that
such exceptional circumstances exist as to make it desirable, in
the interest of justice and with due regard to the importance of
presenting the testimony of witnesses orally in open court, to allow
the deposition to be used; and

(d) If only part of a deposition is offered in evidence by a party, the

adverse party may require him to introduce all of it which is
relevant to the part introduced, and any party may introduce any
other parts. (4a, R24)

Section 7. Effect of taking depositions. A party shall not be

deemed to make a person his own witness for any purpose by
taking his deposition.

Section 29. Effect of errors and irregularities in depositions.

(a) As to notice. All errors and irregularities in the notice for

taking a deposition are waived unless written objection is promptly
served upon the party giving the notice.

(b) As to disqualification of officer. Objection to taking a

deposition because of disqualification of the officer before whom it
is to be taken is waived unless made before the taking of the
deposition begins or as soon thereafter as the disqualification
becomes known or could be discovered with reasonable diligence.

(c) As to competency or relevancy of evidence. Objections to the

competency of witness or the competency, relevancy, or materiality
of testimony are not waived by failure to make them before or
during the taking of the deposition, unless the ground, of the
objection is one which might have been obviated or removed if
presented at that time.

(d) As to oral examination and other particulars. Errors and

irregularities occurring at the oral examination in the manner of
taking the deposition in the form of the questions or answers, in
the oath or affirmation, or in the conduct of the parties and errors
of any kind which might be obviated, removed, or cured if
promptly prosecuted, are waived unless reasonable objection
thereto is made at the taking of the deposition.
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(e) As to form of written interrogatories. Objections to the form of
written interrogatories submitted under sections 25 and 26 of this
Rule are waived unless served in writing upon the party
propounding them within the time allowed for serving succeeding
cross or other interrogatories and within three (3) days after
service of the last interrogatories authorized.

(f) As to manner of preparation. Errors and irregularities in the

manner in which the testimony is transcribed or the deposition is
prepared, signed, certified, sealed, indorsed, transmitted, filed, or
otherwise dealt with by the officer under sections 17, 19, 20 and
26 of this Rule are waived unless a motion to suppress the
deposition or some part thereof is made with reasonable
promptness after such defect is, or with due diligence might have
been, ascertained. (29a, R24)

RULE 25

Interrogatories to Parties

Section 6. Effect of failure to serve written interrogatories.

Unless thereafter allowed by the court for good cause shown and
to prevent a failure of justice, a party not served with written
interrogatories may not be compelled by the adverse party to give
testimony in open court, or to give a deposition pending appeal. (n)

RULE 26

Admission by Adverse Party

Section 2. Implied admission. Each of the matters of which an

admission is requested shall be deemed admitted unless, within a
period designated in the request, which shall not be less than
fifteen (15) days after service thereof, or within such further time
as the court may allow on motion, the party to whom the request
is directed files and serves upon the party requesting the
admission a sworn statement either denying specifically the
matters of which an admission is requested or setting forth in
detail the reasons why he cannot truthfully either admit or deny
those matters.

Objections to any request for admission shall be submitted to the

court by the party requested within the period for and prior to the
filing of his sworn statement as contemplated in the preceding
paragraph and his compliance therewith shall be deferred until
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such objections are resolved, which resolution shall be made as
early as practicable. (2a)

Section 3. Effect of admission. Any admission made by a party

pursuant to such request is for the purpose of the pending action
only and shall not constitute an admission by him for any other
purpose nor may the same be used against him in any other
proceeding. (3)

RULE 27

Production or Inspection of Documents or Things

Section 1. Motion for production or inspection; order. Upon

motion of any party showing good cause therefor, the court in
which an action is pending may (a) order any party to produce and
permit the inspection and copying or photographing, by or on
behalf of the moving party, of any designated documents, papers,
books, accounts, letters, photographs, objects or tangible things,
not privileged, which constitute or contain evidence material to
any matter involved in the action and which are in his possession,
custody or control, or (b) order any party to permit entry upon
designated land or other property in his possession or control for
the purpose of inspecting, measuring, surveying, or photographing
the property or any designated relevant object or operation
thereon. The order shall specify the time, place and manner of
making the inspection and taking copies and photographs, and
may prescribe such terms and conditions as are just. (1a)