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RULE 1 Section 2. Cause of action, defined.

A cause of action is the


act or omission by which a party violates a right of another.
General Provisions (n)
Section 1. Title of the Rules. These Rule shall be known and Section 3. One suit for a single cause of action. A party may
cited as the Rules of Court. (1) not institute more than one suit for a single cause of action.
Section 2. In what courts applicable. These Rules shall (3a)
apply in all the courts, except as otherwise provided by the Section 4. Splitting a single cause of action; effect of. If two
Supreme Court. (n) or more suits are instituted on the basis of the same cause of
Section 3. Cases governed. These Rules shall govern the action, the filing of one or a judgment upon the merits in any
procedure to be observed in actions, civil or criminal and one is available as a ground for the dismissal of the others.
special proceedings. (4a)

(a) A civil action is one by which a party sues another Section 5. Joinder of causes of action. A party may in one
for the enforcement or protection of a right, or the pleading assert, in the alternative or otherwise, as many
prevention or redress of a wrong, (1a, R2) causes of action as he may have against an opposing party,
subject to the following conditions:
A civil action may either be ordinary or special. Both
are governed by the rules for ordinary civil actions, (a) The party joining the causes of action shall
subject to the specific rules prescribed for a special comply with the rules on joinder of parties;
civil action. (n) (b) The joinder shall not include special civil actions
(b) A criminal action is one by which the State or actions governed by special rules;
prosecutes a person for an act or omission (c) Where the causes of action are between the
punishable by law. (n) same parties but pertain to different venues or
(c) A special proceeding is a remedy by which a party jurisdictions, the joinder may be allowed in the
seeks to establish a status, a right, or a particular Regional Trial Court provided one of the causes of
fact. (2a, R2) action falls within the jurisdiction of said court and
the venue lies therein; and
Section 4. In what case not applicable. These Rules shall
not apply to election cases, land registration, cadastral, (d) Where the claims in all the causes action are
naturalization and insolvency proceedings, and other cases principally for recovery of money, the aggregate
not herein provided for, except by analogy or in a suppletory amount claimed shall be the test of jurisdiction. (5a)
character and whenever practicable and convenient. (R143a) Section 6. Misjoinder of causes of action. Misjoinder of
Section 5. Commencement of action. A civil action is causes of action is not a ground for dismissal of an action. A
commenced by the filing of the original complaint in court. If misjoined cause of action may, on motion of a party or on the
an additional defendant is impleaded in a later pleading, the initiative of the court, be severed and proceeded with
action is commenced with regard to him on the dated of the separately. (n)
filing of such later pleading, irrespective of whether the RULE 3
motion for its admission, if necessary, is denied by the court.
(6a) Parties to Civil Actions

Section 6. Construction. These Rules shall be liberally Section 1. Who may be parties; plaintiff and defendant.
construed in order to promote their objective of securing a Only natural or juridical persons, or entities authorized by law
just, speedy and inexpensive disposition of every action and may be parties in a civil action. The term "plaintiff" may refer
proceeding. (2a) to the claiming party, the counter-claimant, the cross-
claimant, or the third (fourth, etc.) party plaintiff. The term
Civil Actions "defendant" may refer to the original defending party, the
Ordinary Civil Actions defendant in a counter-claim, the cross-defendant, or the
third (fourth, etc.) party defendant. (1a)
RULE 2
Section 2. Parties in interest. A real party in interest is the
Cause of Action party who stands to be benefited or injured by the judgment
in the suit, or the party entitled to the avails of the suit.
Section 1. Ordinary civil actions, basis of. Every ordinary Unless otherwise authorized by law or these Rules, every
civil action must be based on a cause of action. (n) action must be prosecuted or defended in the name of the
real party in interest. (2a)
Section 3. Representatives as parties. Where the action is Section 10. Unwilling co-plaintiff. If the consent of any
allowed to be prosecuted and defended by a representative party who should be joined as plaintiff can not be obtained,
or someone acting in a fiduciary capacity, the beneficiary shall he may be made a defendant and the reason therefor shall be
be included in the title of the case and shall be deemed to be stated in the complaint. (10)
the real property in interest. A representative may be a
trustee of an expert trust, a guardian, an executor or Section 11. Misjoinder and non-joinder of parties. Neither
administrator, or a party authorized by law or these Rules. An misjoinder nor non-joinder of parties is ground for dismissal
agent acting in his own name and for the benefit of an of an action. Parties may be dropped or added by order of the
undisclosed principal may sue or be sued without joining the court on motion of any party or on its own initiative at any
principal except when the contract involves things belonging stage the action and on such terms as are just. Any claim
to the principal. (3a) against a misjoined party may be severed and proceeded with
separately. (11a)
Section 4. Spouses as parties. Husband and wife shall sue
or be sued jointly, except as provided by law. (4a) Section 12. Class suit. When the subject matter of the
controversy is one of common or general interest to many
Section 5. Minor or incompetent persons. A minor or a persons so numerous that it is impracticable to join all as
person alleged to be incompetent, may sue or be sued with parties, a number of them which the court finds to be
the assistance of his father, mother, guardian, or if he has sufficiently numerous and representative as to fully protect
none, a guardian ad litem. (5a) the interests of all concerned may sue or defend for the
benefit of all. Any party in interest shall have the right to
Section 6. Permissive joinder of parties. All persons in intervene to protect his individual interest. (12a)
whom or against whom any right to relief in respect to or
arising out of the same transaction or series of transactions is Section 13. Alternative defendants. Where the plaintiff is
alleged to exist, whether jointly, severally, or in the uncertain against who of several persons he is entitled to
alternative, may, except as otherwise provided in these Rules, relief, he may join any or all of them as defendants in the
join as plaintiffs or be joined as defendants in one complaint, alternative, although a right to relief against one may be
where any question of law or fact common to all such inconsistent with a right of relief against the other. (13a)
plaintiffs or to all such defendants may arise in the action; but
the court may make such orders as may be just to prevent Section 14. Unknown identity or name of defendant.
any plaintiff or defendant from being embarrassed or put to Whenever the identity or name of a defendant is unknown,
expense in connection with any proceedings in which he may he may be sued as the unknown owner heir devisee, or by
have no interest. (6n) such other designation as the case may require, when his
identity or true name is discovered, the pleading must be
Section 7. Compulsory joinder of indispensable parties. amended accordingly. (14)
Parties in interest without whom no final determination can
be had of an action shall be joined either as plaintiffs or Section 15. Entity without juridical personality as defendant.
defendants. (7) When two or more persons not organized as an entity with
juridical personality enter into a transaction, they may be
Section 8. Necessary party. A necessary party is one who is sued under the name by which they are generally or
not indispensable but who ought to be joined as a party if commonly known.
complete relief is to be accorded as to those already parties,
or for a complete determination or settlement of the claim In the answer of such defendant, the name and addresses of
subject of the action. (8a) the persons composing said entity must all be revealed. (15a)

Section 9. Non-joinder of necessary parties to be pleaded. Section 16. Death of party; duty of counsel. Whenever a
Whenever in any pleading in which a claim is asserted a party to a pending action dies, and the claim is not thereby
necessary party is not joined, the pleader shall set forth his extinguished, it shall be the duty of his counsel to inform the
name, if known, and shall state why he is omitted. Should the court within thirty (30) days after such death of the fact
court find the reason for the omission unmeritorious, it may thereof, and to give the name and address of his legal
order the inclusion of the omitted necessary party if representative or representatives. Failure of counsel to
jurisdiction over his person may be obtained. comply with his duty shall be a ground for disciplinary action.

The failure to comply with the order for his inclusion, without The heirs of the deceased may be allowed to be substituted
justifiable cause, shall be deemed a waiver of the claim for the deceased, without requiring the appointment of an
against such party. executor or administrator and the court may appoint a
guardian ad litem for the minor heirs.
The non-inclusion of a necessary party does not prevent the
court from proceeding in the action, and the judgment The court shall forthwith order said legal representative or
rendered therein shall be without prejudice to the rights of representatives to appear and be substituted within a period
such necessary party. (8a, 9a) of thirty (30) days from notice.
If no legal representative is named by the counsel for the lien on any judgment rendered in the case favorable to the
deceased party, or if the one so named shall fail to appear indigent, unless the court otherwise provides.
within the specified period, the court may order the opposing
party, within a specified time to procure the appointment of Any adverse party may contest the grant of such authority at
an executor or administrator for the estate of the deceased any time before judgment is rendered by the trial court. If the
and the latter shall immediately appear for and on behalf of court should determine after hearing that the party declared
the deceased. The court charges in procuring such as an indigent is in fact a person with sufficient income or
appointment, if defrayed by the opposing party, may be property, the proper docket and other lawful fees shall be
recovered as costs. (16a, 17a) assessed and collected by the clerk of court. If payment is not
made within the time fixed by the court, execution shall issue
Section 17. Death or separation of a party who is a public or the payment thereof, without prejudice to such other
officer. When a public officer is a party in an action in his sanctions as the court may impose. (22a)
official capacity and during its pendency dies, resigns, or
otherwise ceases to hold office, the action may be continued Section 22. Notice to the Solicitor General. In any action
and maintained by or against his successor if, within thirty involving the validity of any treaty, law, ordinance, executive
(30) days after the successor takes office or such time as may order, presidential decree, rules or regulations, the court, in
be granted by the court, it is satisfactorily shown to the court its discretion, may require the appearance of the Solicitor
by any party that there is a substantial need for continuing or General who may be heard in person or a representative duly
maintaining it and that the successor adopts or continues or designated by him. (23a)
threatens to adopt or continue to adopt or continue the RULE 4
action of his predecessor. Before a substitution is made, the
party or officer to be affected, unless expressly assenting Venue of Actions
thereto, shall be given reasonable notice of the application
therefor and accorded an opportunity to be heard. (18a) Section 1. Venue of real actions. Actions affecting title to
or possession of real property, or interest therein, shall be
Section 18. Incompetency or incapacity. If a party becomes commenced and tried in the proper court which has
incompetent or incapacitated, the court, upon motion with jurisdiction over the area wherein the real property involved,
notice, may allow the action to be continued by or against the or a portion thereof, is situated.
incompetent or incapacitated person assisted by his legal
guardian or guardian ad litem. (19a) Forcible entry and detainer actions shall be commenced and
tried in the municipal trial court of the municipality or city
Section 19. Transfer of interest. In case of any transfer of wherein the real property involved, or a portion thereof, is
interest, the action may be continued by or against the situated. (1[a], 2[a]a)
original party, unless the court upon motion directs the
person to whom the interest is transferred to be substituted Section 2. Venue of personal actions. All other actions may
in the action or joined with the original party. (20) be commenced and tried where the plaintiff or any of the
principal plaintiffs resides, or where the defendant or any of
Section 20. Action and contractual money claims. When the principal defendants resides, or in the case of a non-
the action is for recovery of money arising from contract, resident defendant where he may be found, at the election of
express or implied, and the defendant dies before entry of the plaintiff. (2[b]a)
final judgment in the court in which the action was pending at
the time of such death, it shall not be dismissed but shall Section 3. Venue of actions against nonresidents. If any of
instead be allowed to continue until entry of final judgment. the defendants does not reside and is not found in the
A favorable judgment obtained by the plaintiff therein shall Philippines, and the action affects the personal status of the
be enforced in the manner especially provided in these Rules plaintiff, or any property of said defendant located in the
for prosecuting claims against the estate of a deceased Philippines, the action may be commenced and tried in the
person. (21a) court of the place where the plaintiff resides, or where the
property or any portion thereof is situated or found. (2[c]a)
Section 21. Indigent party. A party may be authorized to
litigate his action, claim or defense as an indigent if the court, Section 4. When Rule not applicable. This Rule shall not
upon an ex parte application and hearing, is satisfied that the apply.
party is one who has no money or property sufficient and (a) In those cases where a specific rule or law
available for food, shelter and basic necessities for himself provides otherwise; or
and his family.
(b) Where the parties have validly agreed in writing
Such authority shall include an exemption from payment of before the filing of the action on the exclusive venue
docket and other lawful fees, and of transcripts of thereof. (3a, 5a)
stenographic notes which the court may order to be
furnished him. The amount of the docket and other lawful
fees which the indigent was exempted from paying shall be a
RULE 5 courts of justice, arises out of or is connected with the
transaction or occurrence constituting the subject matter of
Uniform Procedure In Trial Courts the opposing party's claim and does not require for its
Section 1. Uniform procedure. The procedure in the adjudication the presence of third parties of whom the court
Municipal Trial Courts shall be the same as in the Regional cannot acquire jurisdiction. Such a counterclaim must be
Trial Courts, except (a) where a particular provision expressly within the jurisdiction of the court both as to the amount and
or impliedly applies only to either of said courts, or (b) in civil the nature thereof, except that in an original action before
cases governed by the Rule on Summary Procedure. (n) the Regional Trial Court, the counter-claim may be considered
compulsory regardless of the amount. (n)
Section 2. Meaning of terms. The term "Municipal Trial
Courts" as used in these Rules shall include Metropolitan Trial Section 8. Cross-claim. A cross-claim is any claim by one
Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, party against a co-party arising out of the transaction or
and Municipal Circuit Trial Courts. (1a) occurrence that is the subject matter either of the original
action or of a counterclaim therein. Such cross-claim may
Procedure In Regional Trial Courts include a claim that the party against whom it is asserted is or
may be liable to the cross-claimant for all or part of a claim
RULE 6 asserted in the action against the cross-claimant. (7)
Kinds Of Pleadings Section 9. Counter-counterclaims and counter-crossclaims.
Section 1. Pleadings defined. Pleadings are the written A counter-claim may be asserted against an original counter-
statements of the respective claims and defenses of the claimant.
parties submitted to the court for appropriate judgment. (1a) A cross-claim may also be filed against an original cross-
Section 2. Pleadings allowed. The claims of a party are claimant. (n)
asserted in a complaint, counterclaim, cross-claim, third Section 10. Reply. A reply is a pleading, the office or
(fourth, etc.)-party complaint, or complaint-in-intervention. function of which is to deny, or allege facts in denial or
The defenses of a party are alleged in the answer to the avoidance of new matters alleged by way of defense in the
pleading asserting a claim against him. answer and thereby join or make issue as to such new
matters. If a party does not file such reply, all the new
An answer may be responded to by a reply. (n) matters alleged in the answer are deemed controverted.
Section 3. Complaint. The complaint is the pleading If the plaintiff wishes to interpose any claims arising out of
alleging the plaintiff's cause or causes of action. The names the new matters so alleged, such claims shall be set forth in
and residences of the plaintiff and defendant must be stated an amended or supplemental complaint. (11)
in the complaint. (3a)
Section 11. Third, (fourth, etc.)party complaint. A third
Section 4. Answer. An answer is a pleading in which a (fourth, etc.) party complaint is a claim that a defending
defending party sets forth his defenses. (4a) party may, with leave of court, file against a person not a
party to the action, called the third (fourth, etc.) party
Section 5. Defenses. Defenses may either be negative or
defendant for contribution, indemnity, subrogation or any
affirmative.
other relief, in respect of his opponent's claim. (12a)
(a) A negative defense is the specific denial of the
Section 12. Bringing new parties. When the presence of
material fact or facts alleged in the pleading of the
parties other than those to the original action is required for
claimant essential to his cause or causes of action.
the granting of complete relief in the determination of a
(b) An affirmative defense is an allegation of a new counterclaim or cross-claim, the court shall order them to be
matter which, while hypothetically admitting the brought in as defendants, if jurisdiction over them can be
material allegations in the pleading of the claimant, obtained. (14)
would nevertheless prevent or bar recovery by him.
Section 13. Answer to third (fourth, etc.)party complaint.
The affirmative defenses include fraud, statute of
A third (fourth, etc.) party defendant may allege in his
limitations, release, payment, illegality, statute of
answer his defenses, counterclaims or cross-claims, including
frauds, estoppel, former recovery, discharge in
such defenses that the third (fourth, etc.) party plaintiff
bankruptcy, and any other matter by way of
may have against the original plaintiff's claim. In proper cases,
confession and avoidance. (5a)
he may also assert a counterclaim against the original plaintiff
Section 6. Counterclaim. A counterclaim is any claim which in respect of the latter's claim against the third-party plaintiff.
a defending party may have against an opposing party. (6a) (n)

Section 7. Compulsory counterclaim. A compulsory


counterclaim is one which, being cognizable by the regular
RULE 7 remedied if it shall appear that the same was due to mere
inadvertence and not intended for delay. Counsel who
Parts of a Pleading deliberately files an unsigned pleading, or signs a pleading in
Section 1. Caption. The caption sets forth the name of the violation of this Rule, or alleges scandalous or indecent
court, the title of the action, and the docket number if matter therein, or fails promptly report to the court a change
assigned. of his address, shall be subject to appropriate disciplinary
action. (5a)
The title of the action indicates the names of the parties. They
shall all be named in the original complaint or petition; but in Section 4. Verification. Except when otherwise specifically
subsequent pleadings, it shall be sufficient if the name of the required by law or rule, pleadings need not be under oath,
first party on each side be stated with an appropriate verified or accompanied by affidavit .(5a)
indication when there are other parties. A pleading is verified by an affidavit that the affiant has read
Their respective participation in the case shall be indicated. the pleading and that the allegations therein are true and
(1a, 2a) correct of his knowledge and belief.

Section 2. The body. The body of the pleading sets fourth A pleading required to be verified which contains a
its designation, the allegations of the party's claims or verification based on "information and belief", or upon
defenses, the relief prayed for, and the date of the pleading. "knowledge, information and belief", or lacks a proper
(n) verification, shall be treated as an unsigned pleading. (6a)

(a) Paragraphs. The allegations in the body of a Section 5. Certification against forum shopping. The
pleading shall be divided into paragraphs so plaintiff or principal party shall certify under oath in the
numbered to be readily identified, each of which complaint or other initiatory pleading asserting a claim for
shall contain a statement of a single set of relief, or in a sworn certification annexed thereto and
circumstances so far as that can be done with simultaneously filed therewith: (a) that he has not
convenience. A paragraph may be referred to by its theretofore commenced any action or filed any claim
number in all succeeding pleadings. (3a) involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of his knowledge, no such
(b) Headings. When two or more causes of action other action or claim is pending therein; (b) if there is such
are joined the statement of the first shall be other pending action or claim, a complete statement of the
prefaced by the words "first cause of action,'' of the present status thereof; and (c) if he should thereafter learn
second by "second cause of action", and so on for that the same or similar action or claim has been filed or is
the others. pending, he shall report that fact within five (5) days
therefrom to the court wherein his aforesaid complaint or
When one or more paragraphs in the answer are initiatory pleading has been filed.
addressed to one of several causes of action in the
complaint, they shall be prefaced by the words Failure to comply with the foregoing requirements shall not
"answer to the first cause of action" or "answer to be curable by mere amendment of the complaint or other
the second cause of action" and so on; and when initiatory pleading but shall be cause for the dismissal of the
one or more paragraphs of the answer are case without prejudice, unless otherwise provided, upon
addressed to several causes of action, they shall be motion and after hearing. The submission of a false
prefaced by words to that effect. (4) certification or non-compliance with any of the undertakings
therein shall constitute indirect contempt of court, without
(c) Relief. The pleading shall specify the relief prejudice to the corresponding administrative and criminal
sought, but it may add a general prayer for such actions. If the acts of the party or his counsel clearly
further or other relief as may be deemed just or constitute willful and deliberate forum shopping, the same
equitable. (3a, R6) shall be ground for summary dismissal with prejudice and
(d) Date. Every pleading shall be dated. (n) shall constitute direct contempt, as well as a cause for
administrative sanctions. (n)
Section 3. Signature and address. Every pleading must be
signed by the party or counsel representing him, stating in RULE 8
either case his address which should not be a post office box. Manner of Making Allegations in Pleadings
The signature of counsel constitutes a certificate by him that Section 1. In general. Every pleading shall contain in a
he has read the pleading; that to the best of his knowledge, methodical and logical form, a plain, concise and direct
information, and belief there is good ground to support it; statement of the ultimate facts on which the party pleading
and that it is not interposed for delay. relies for his claim or defense, as the case may be, omitting
An unsigned pleading produces no legal effect. However, the the statement of mere evidentiary facts. (1)
court may, in its discretion, allow such deficiency to be
If a defense relied on is based on law, the pertinent document was issued or the act done in compliance with law.
provisions thereof and their applicability to him shall be (9)
clearly and concisely stated. (n)
Section 10. Specific denial. A defendant must specify each
Section 2. Alternative causes of action or defenses. A party material allegation of fact the truth of which he does not
may set forth two or more statements of a claim or defense admit and, whenever practicable, shall set forth the
alternatively or hypothetically, either in one cause of action substance of the matters upon which he relies to support his
or defense or in separate causes of action or defenses. When denial. Where a defendant desires to deny only a part of an
two or more statements are made in the alternative and one averment, he shall specify so much of it as is true and
of them if made independently would be sufficient, the material and shall deny only the remainder. Where a
pleading is not made insufficient by the insufficiency of one defendant is without knowledge or information sufficient to
or more of the alternative statements. (2) form a belief as to the truth of a material averment made to
the complaint, he shall so state, and this shall have the effect
Section 3. Conditions precedent. In any pleading a general of a denial. (10a)
averment of the performance or occurrence of all conditions
precedent shall be sufficient. (3) Section 11. Allegations not specifically denied deemed
admitted. Material averment in the complaint, other than
Section 4. Capacity. Facts showing the capacity of a party those as to the amount of unliquidated damages, shall be
to sue or be sued or the authority of a party to sue or be sued deemed admitted when not specifically denied. Allegations of
in a representative capacity or the legal existence of an usury in a complaint to recover usurious interest are deemed
organized association of person that is made a party, must be admitted if not denied under oath. (1a, R9)
averred. A party desiring to raise an issue as to the legal
existence of any party or the capacity of any party to sue or Section 12. Striking out of pleading or matter contained
be sued in a representative capacity, shall do so by specific therein. Upon motion made by a party before responding
denial, which shall include such supporting particulars as are to a pleading or, if no responsive pleading is permitted by
peculiarly within the pleader's knowledge. (4) these Rules, upon motion made by a party within twenty (20)
days after the service of the pleading upon him, or upon the
Section 5. Fraud, mistake, condition of the mind. In all court's own initiative at any time, the court may order any
averments of fraud or mistake the circumstances constituting pleading to be stricken out or that any sham or false,
fraud or mistake must be stated with particularity. Malice, redundant, immaterial, impertinent, or scandalous matter be
intent, knowledge, or other condition of the mind of a person stricken out therefrom. (5, R9)
may be averred generally.(5a)
RULE 9
Section 6. Judgment. In pleading a judgment or decision of
a domestic or foreign court, judicial or quasi-judicial tribunal, Effect of Failure to Plead
or of a board or officer, it is sufficient to aver the judgment or
decision without setting forth matter showing jurisdiction to Section 1. Defenses and objections not pleaded. Defenses
render it. (6) and objections not pleaded either in a motion to dismiss or in
the answer are deemed waived. However, when it appears
Section 7. Action or defense based on document. from the pleadings or the evidence on record that the court
Whenever an action or defense is based upon a written has no jurisdiction over the subject matter, that there is
instrument or document, the substance of such instrument or another action pending between the same parties for the
document shall be set forth in the pleading, and the original same cause, or that the action is barred by a prior judgment
or a copy thereof shall be attached to the pleading as an or by statute of limitations, the court shall dismiss the claim.
exhibit, which shall be deemed to be a part of the pleading, or (2a)
said copy may with like effect be set forth in the pleading. (7)
Section 2. Compulsory counterclaim, or cross-claim, not set up
Section 8. How to contest such documents. When an action barred. A compulsory counterclaim, or a cross-claim, not
or defense is founded upon a written instrument, copied in or set up shall be barred. (4a)
attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the Section 3. Default; declaration of. If the defending party
instrument shall be deemed admitted unless the adverse fails to answer within the time allowed therefor, the court
party, under oath specifically denies them, and sets forth shall, upon motion of the claiming party with notice to the
what he claims to be the facts, but the requirement of an defending party, and proof of such failure, declare the
oath does not apply when the adverse party does not appear defending party in default. Thereupon, the court shall
to be a party to the instrument or when compliance with an proceed to render judgment granting the claimant such relief
order for an inspection of the original instrument is refused. as his pleading may warrant, unless the court in its discretion
(8a) requires the claimant to submit evidence. Such reception of
evidence may be delegated to the clerk of court. (1a, R18)
Section 9. Official document or act. In pleading an official
document or official act, it is sufficient to aver that the
(a) Effect of order of default. A party in default motion filed in court, and after notice to the adverse party,
shall be entitled to notice of subsequent proceedings and an opportunity to be heard. (3a)
but not to take part in the trial. (2a, R18)
Section 4. Formal amendments. A defect in the designation
(b) Relief from order of default. A party declared of the parties and other clearly clerical or typographical errors
in default may at any time after notice thereof and may be summarily corrected by the court at any stage of the
before judgment file a motion under oath to set action, at its initiative or on motion, provided no prejudice is
aside the order of default upon proper showing that caused thereby to the adverse party. (4a)
his failure to answer was due to fraud, accident,
mistake or excusable negligence and that he has a Section 5. Amendment to conform to or authorize
meritorious defense. In such case, the order of presentation of evidence. When issues not raised by the
default may be set aside on such terms and pleadings are tried with the express or implied consent of the
conditions as the judge may impose in the interest of parties they shall be treated in all respects as if they had been
justice. (3a, R18) raised in the pleadings. Such amendment of the pleadings as
may be necessary to cause them to conform to the evidence
(c) Effect of partial default. When a pleading and to raise these issues may be made upon motion of any
asserting a claim states a common cause of action party at any time, even after judgment; but failure to amend
against several defending parties, some of whom does not effect the result of the trial of these issues. If
answer and the others fail to do so, the court shall evidence is objected to at the trial on the ground that it is not
try the case against all upon the answers thus filed within the issues made by the pleadings, the court may allow
and render judgment upon the evidence presented. the pleadings to be amended and shall do so with liberality if
(4a, R18). the presentation of the merits of the action and the ends of
substantial justice will be subserved thereby. The court may
(d) Extent of relief to be awarded. A judgment grant a continuance to enable the amendment to be made.
rendered against a party in default shall not exceed (5a)
the amount or be different in kind from that prayed
for nor award unliquidated damages. (5a, R18). Section 6. Supplemental pleadings. Upon motion of a party
the court may, upon reasonable notice and upon such terms
(e) Where no defaults allowed. If the defending as are just, permit him to serve a supplemental pleading
party in an action for annulment or declaration of setting forth transactions, occurrences or events which have
nullity of marriage or for legal separation fails to happened since the date of the pleading sought to be
answer, the court shall order the prosecuting supplemented. The adverse party may plead thereto within
attorney to investigate whether or not a collusion ten (10) days from notice of the order admitting the
between the parties exists, and if there is no supplemental pleading. (6a)
collusion, to intervene for the State in order to see
to it that the evidence submitted is not fabricated. Section 7. Filing of amended pleadings. When any pleading
(6a, R18) is amended, a new copy of the entire pleading, incorporating
the amendments, which shall be indicated by appropriate
RULE 10 marks, shall be filed. (7a)
Amended and Supplemental Pleadings Section 8. Effect of amended pleadings. An amended
Section 1. Amendments in general. Pleadings may be pleading supersedes the pleading that it amends. However,
amended by adding or striking out an allegation or the name admissions in superseded pleadings may be received in
of any party, or by correcting a mistake in the name of a party evidence against the pleader, and claims or defenses alleged
or a mistaken or inadequate allegation or description in any therein not incorporated in the amended pleading shall be
other respect, so that the actual merits of the controversy deemed waived. (n)
may speedily be determined, without regard to technicalities, RULE 11
and in the most expeditious and inexpensive manner. (1)
When to File Responsive Pleadings
Section 2. Amendments as a matter of right. A party may
amend his pleading once as a matter of right at any time Section 1. Answer to the complaint. The defendant shall
before a responsive pleading is served or, in the case of a file his answer to the complaint within fifteen (15) days after
reply, at any time within ten (10) days after it is served. (2a) service of summons, unless a different period is fixed by the
court. (la)
Section 3. Amendments by leave of court. Except as
provided in the next preceding section, substantial Section 2. Answer of a defendant foreign private juridical
amendments may be made only upon leave of court. But such entity. Where the defendant is a foreign private juridical
leave may be refused if it appears to the court that the entity and service of summons is made on the government
motion was made with intent to delay. Orders of the court official designated by law to receive the same, the answer
upon the matters provided in this section shall be made upon shall be filed within thirty (30) days after receipt of summons
by such entity. (2a)
Section 3. Answer to amended complaint. When the RULE 12
plaintiff files an amended complaint as a matter of right, the
defendant shall answer the same within fifteen (15) days Bill of Particulars
after being served with a copy thereof. Section 1. When applied for; purpose. Before responding
Where its filing is not a matter of right, the defendant shall to a pleading, a party may move for a definite statement or
answer the amended complaint within ten (l0) days from for a bill of particulars of any matter which is not averted with
notice of the order admitting the same. An answer earlier sufficient definiteness or particularity to enable him properly
filed may serve as the answer to the amended complaint if no to prepare his responsive pleading. If the pleading is a reply,
new answer is filed. the motion must be filed within ten (10) days from service
thereof. Such motion shall point out the defects complained
This Rule shall apply to the answer to an amended of, the paragraphs wherein they are contained, and the
counterclaim, amended cross-claim, amended third (fourth, details desired. (1a)
etc.)party complaint, and amended complaint-in-
intervention. (3a) Section 2. Action by the court. Upon the filing of the
motion, the clerk of court must immediately bring it to the
Section 4. Answer to counterclaim or cross-claim. A attention of the court which may either deny or grant it
counterclaim or cross-claim must be answered within ten (10) outright, or allow the parties the opportunity to be heard. (n)
days from service. (4)
Section 3. Compliance with order. If the motion is granted,
Section 5. Answer to third (fourth, etc.)-party complaint. either in whole or in part, the compliance therewith must be
The time to answer a third (fourth, etc.)party complaint effected within ten (10) days from notice of the order, unless
shall be governed by the same rule as the answer to the a different period is fixed by the court. The bill of particulars
complaint. (5a) or a more definite statement ordered by the court may be
filed either in a separate or in an amended pleading, serving a
Section 6. Reply. A reply may be filed within ten (10) days copy thereof on the adverse party. (n)
from service of the pleading responded to. (6)
Section 4. Effect of non-compliance. If the order is not
Section 7. Answer to supplemental complain. A obeyed, or in case of insufficient compliance therewith, the
supplemental complaint may be answered within ten (10) court may order the striking out of the pleading or the
days from notice of the order admitting the same, unless a portions thereof to which the order was directed or make
different period is fixed by the court. The answer to the such other order as it deems just. (1[c]a)
complaint shall serve as the answer to the supplemental
complaint if no new or supplemental answer is filed. (n) Section 5. Stay of period to file responsive pleading. After
service of the bill of particulars or of a more definite pleading,
Section 8. Existing counterclaim or cross-claim. A or after notice of denial of his motion, the moving party may
compulsory counterclaim or a cross-claim that a defending file his responsive pleading within the period to which he was
party has at the time he files his answer shall be contained entitled at the time of filing his motion, which shall not be
therein. (8a, R6) less than five (5) days in any event. (1[b]a)
Section 9. Counterclaim or cross-claim arising after answer. Section 6. Bill a part of pleading. A bill of particulars
A counterclaim or a cross-claim which either matured or becomes part of the pleading for which it is intended. (1[a]a)
was acquired by a party after serving his pleading may, with
the permission of the court, be presented as a counterclaim RULE 13
or a cross-claim by supplemental pleading before judgment.
(9, R6) Filing and Service of Pleadings, Judgments and Other Papers

Section 10. Omitted counterclaim or cross-claim. When a Section 1. Coverage. This Rule shall govern the filing of all
pleader fails to set up a counterclaim or a cross-claim through pleadings and other papers, as well as the service thereof,
oversight, inadvertence, or excusable neglect, or when justice except those for which a different mode of service is
requires, he may, by leave of court, set up the counterclaim prescribed. (n)
or cross-claim by amendment before judgment. (3, R9) Section 2. Filing and service, defined. Filing is the act of
Section 11. Extension of time to plead. Upon motion and presenting the pleading or other paper to the clerk of court.
on such terms as may be just, the court may extend the time Service is the act of providing a party with a copy of the
to plead provided in these Rules. pleading or paper concerned. If any party has appeared by
The court may also, upon like terms, allow an answer or other counsel, service upon him shall be made upon his counsel or
pleading to be filed after the time fixed by these Rules. (7) one of them, unless service upon the party himself is ordered
by the court. Where one counsel appears for several parties,
he shall only be entitled to one copy of any paper served
upon him by the opposite side. (2a)
Section 3. Manner of filing. The filing of pleadings, complete upon the expiration of ten (10) days after mailing,
appearances, motions, notices, orders, judgments and all unless the court otherwise provides. Service by registered
other papers shall be made by presenting the original copies mail is complete upon actual receipt by the addressee, or
thereof, plainly indicated as such, personally to the clerk of after five (5) days from the date he received the first notice of
court or by sending them by registered mail. In the first case, the postmaster, whichever date is earlier. (8a)
the clerk of court shall endorse on the pleading the date and
hour of filing. In the second case, the date of the mailing of Section 11. Priorities in modes of service and filing.
motions, pleadings, or any other papers or payments or Whenever practicable, the service and filing of pleadings and
deposits, as shown by the post office stamp on the envelope other papers shall be done personally. Except with respect to
or the registry receipt, shall be considered as the date of their papers emanating from the court, a resort to other modes
filing, payment, or deposit in court. The envelope shall be must be accompanied by a written explanation why the
attached to the record of the case. (1a) service or filing was not done personally. A violation of this
Rule may be cause to consider the paper as not filed. (n)
Section 4. Papers required to be filed and served. Every
judgment, resolution, order, pleading subsequent to the Section 12. Proof of filing. The filing of a pleading or paper
complaint, written motion, notice, appearance, demand, shall be proved by its existence in the record of the case. If it
offer of judgment or similar papers shall be filed with the is not in the record, but is claimed to have been filed
court, and served upon the parties affected. (2a) personally, the filing shall be proved by the written or
stamped acknowledgment of its filing by the clerk of court on
Section 5. Modes of service. Service of pleadings motions, a copy of the same; if filed by registered mail, by the registry
notices, orders, judgments and other papers shall be made receipt and by the affidavit of the person who did the mailing,
either personally or by mail. (3a) containing a full statement of the date and place of
depositing the mail in the post office in a sealed envelope
Section 6. Personal service. Service of the papers may be addressed to the court, with postage fully prepaid, and with
made by delivering personally a copy to the party or his instructions to the postmaster to return the mail to the
counsel, or by leaving it in his office with his clerk or with a sender after ten (10) days if not delivered. (n)
person having charge thereof. If no person is found in his
office, or his office is not known, or he has no office, then by Section 13. Proof of Service. Proof of personal service shall
leaving the copy, between the hours of eight in the morning consist of a written admission of the party served, or the
and six in the evening, at the party's or counsel's residence, if official return of the server, or the affidavit of the party
known, with a person of sufficient age and discretion then serving, containing a full statement of the date, place and
residing therein. (4a) manner of service. If the service is by ordinary mail, proof
thereof shall consist of an affidavit of the person mailing of
Section 7. Service by mail. Service by registered mail shall facts showing compliance with section 7 of this Rule. If
be made by depositing the copy in the post office in a sealed service is made by registered mail, proof shall be made by
envelope, plainly addressed to the party or his counsel at his such affidavit and the registry receipt issued by the mailing
office, if known, otherwise at his residence, if known, with office. The registry return card shall be filed immediately
postage fully prepaid, and with instructions to the postmaster upon its receipt by the sender, or in lieu thereof the
to return the mail to the sender after ten (10) days if unclaimed letter together with the certified or sworn copy of
undelivered. If no registry service is available in the locality of the notice given by the postmaster to the addressee. (10a)
either the senders or the addressee, service may be done by
ordinary mail. (5a; Bar Matter No. 803, 17 February 1998) Section 14. Notice of lis pendens. In an action affecting the
title or the right of possession of real property, the plaintiff
Section 8. Substituted service. If service of pleadings, and the defendant, when affirmative relief is claimed in his
motions, notices, resolutions, orders and other papers cannot answer, may record in the office of the registry of deeds of
be made under the two preceding sections, the office and the province in which the property is situated notice of the
place of residence of the party or his counsel being unknown, pendency of the action. Said notice shall contain the names of
service may be made by delivering the copy to the clerk of the parties and the object of the action or defense, and a
court, with proof of failure of both personal service and description of the property in that province affected thereby.
service by mail. The service is complete at the time of such Only from the time of filing such notice for record shall a
delivery. (6a) purchaser, or encumbrancer of the property affected
Section 9. Service of judgments, final orders, or resolutions. thereby, be deemed to have constructive notice of the
Judgments, final orders or resolutions shall be served either pendency of the action, and only of its pendency against the
personally or by registered mail. When a party summoned by parties designated by their real names.
publication has failed to appear in the action, judgments, final The notice of lis pendens hereinabove mentioned may be
orders or resolutions against him shall be served upon him cancelled only upon order of the court, after proper showing
also by publication at the expense of the prevailing party. (7a) that the notice is for the purpose of molesting the adverse
Section 10. Completeness of service. Personal service is party, or that it is not necessary to protect the rights of the
complete upon actual delivery. Service by ordinary mail is rights of the party who caused it to be recorded. (24a, R-14)
RULE 14 upon due notice, been severed before the action was
brought. (9a)
Summons
Section 9. Service upon prisoners. When the defendant is a
Section 1. Clerk to issue summons. Upon the filing of the prisoner confined in a jail or institution, service shall be
complaint and the payment of the requisite legal fees, the effected upon him by the officer having the management of
clerk of court shall forthwith issue the corresponding such jail or institution who is deemed deputized as a special
summons to the defendants. (1a) sheriff for said purpose. (12a)
Section 2. Contents. The summons shall be directed to the Section 10. Service upon minors and incompetents. When
defendant, signed by the clerk of court under seal and the defendant is a minor, insane or otherwise an
contain (a) the name of the court and the names of the incompetent, service shall be made upon him personally and
parties to the action; (b) a direction that the defendant on his legal guardian if he has one, or if none his guardian ad
answer within the time fixed by these Rules; (c) a notice that litem whose appointment shall be applied for by the plaintiff.
unless the defendant so answers plaintiff will take judgment In the case of a minor, service may also be made on his father
by default and may be granted the relief applied for. or mother. (l0a, 11a)
A copy of the complaint and order for appointment of Section 11. Service upon domestic private juridical entity.
guardian ad litem if any, shall be attached to the original and When the defendant is a corporation, partnership or
each copy of the summons. (3a) association organized under the laws of the Philippines with a
Section 3. By whom served. The summons may be served juridical personality, service may be made on the president,
by the sheriff, his deputy, or other proper court officer, or for managing partner, general manager, corporate secretary,
justifiable reasons by any suitable person authorized by the treasurer, or in-house counsel. (13a)
court issuing the summons. (5a) Section 12. Service upon foreign private juridical entities.
Section 4. Return. When the service has been completed, When the defendant is a foreign private juridical entity which
the server shall, within five (5) days therefrom, serve a copy has transacted business in the Philippines, service may be
of the return, personally or by registered mail, to the made on its resident agent designated in accordance with law
plaintiff's counsel, and shall return the summons to the clerk, for that purpose, or, if there be no such agent, on the
who issued it, accompanied by proof of service. (6a) government official designated by law to that effect, or on
any of its officers or agents within the Philippines. (14a)
Section 5. Issuance of alias summons. If a summons is
returned without being served on any or all of the Section 13. Service upon public corporations. When the
defendants, the server shall also serve a copy of the return on defendant is the Republic of the Philippines, service may be
the plaintiff's counsel, stating the reasons for the failure of effected on the Solicitor General; in case of a province, city or
service, within five (5) days therefrom. In such a case, or if the municipality, or like public corporations, service may be
summons has been lost, the clerk, on demand of the plaintiff, effected on its executive head, or on such other officer or
may issue an alias summons. (4a) officers as the law or the court may direct. (15)

Section 6. Service in person on defendant. Whenever Section 14. Service upon defendant whose identity or
practicable, the summons shall be served by handling a copy whereabouts are unknown. In any action where the
thereof to the defendant in person, or, if he refuses to receive defendant is designated as an unknown owner, or the like, or
and sign for it, by tendering it to him. (7a) whenever his whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave of court,
Section 7. Substituted service. If, for justifiable causes, the be effected upon him by publication in a newspaper of
defendant cannot be served within a reasonable time as general circulation and in such places and for such time as the
provided in the preceding section, service may be effected (a) court may order. (16a)
by leaving copies of the summons at the defendant's
residence with some person of suitable age and discretion Section 15. Extraterritorial service. When the defendant
then residing therein, or (b) by leaving the copies at does not reside and is not found in the Philippines, and the
defendant's office or regular place of business with some action affects the personal status of the plaintiff or relates to,
competent person in charge thereof. (8a) or the subject of which is, property within the Philippines, in
which the defendant has or claims a lien or interest, actual or
Section 8. Service upon entity without juridical personality. contingent, or in which the relief demanded consists, wholly
When persons associated in an entity without juridical or in part, in excluding the defendant from any interest
personality are sued under the name by which they are therein, or the property of the defendant has been attached
generally or commonly known, service may be effected upon within the Philippines, service may, by leave of court, be
all the defendants by serving upon any one of them, or upon effected out of the Philippines by personal service as under
the person in charge of the office or place of business section 6; or by publication in a newspaper of general
maintained in such name. But such service shall not bind circulation in such places and for such time as the court may
individually any person whose connection with the entity has, order, in which case a copy of the summons and order of the
court shall be sent by registered mail to the last known Section 4. Hearing of motion. Except for motions which the
address of the defendant, or in any other manner the court court may act upon without prejudicing the rights of the
may deem sufficient. Any order granting such leave shall adverse party, every written motion shall be set for hearing
specify a reasonable time, which shall not be less than sixty by the applicant.
(60) days after notice, within which the defendant must
answer. (17a) Every written motion required to be heard and the notice of
the hearing thereof shall be served in such a manner as to
Section 16. Residents temporarily out of the Philippines. ensure its receipt by the other party at least three (3) days
When any action is commenced against a defendant who before the date of hearing, unless the court for good cause
ordinarily resides within the Philippines, but who is sets the hearing on shorter notice. (4a)
temporarily out of it, service may, by leave of court, be also
effected out of the Philippines, as under the preceding Section 5. Notice of hearing. The notice of hearing shall be
section. (18a) addressed to all parties concerned, and shall specify the time
and date of the hearing which must not be later than ten (10)
Section 17. Leave of court. Any application to the court days after the filing of the motion. (5a)
under this Rule for leave to effect service in any manner for
which leave of court is necessary shall be made by motion in Section 6. Proof of service necessary. No written motion
writing, supported by affidavit of the plaintiff or some person set for hearing shall be acted upon by the court without proof
on his behalf, setting forth the grounds for the application. of service thereof. (6a)
(19) Section 7. Motion day. Except for motions requiring
Section 18. Proof of service. The proof of service of a immediate action, all motions shall be scheduled for hearing
summons shall be made in writing by the server and shall set on Friday afternoons, or if Friday is a non-working day, in the
forth the manner, place, and date of service; shall specify any afternoon of the next working day. (7a)
papers which have been served with the process and the Section 8. Omnibus motion. Subject to the provisions of
name of the person who received the same; and shall be section 1 of Rule 9, a motion attacking a pleading, order,
sworn to when made by a person other than a sheriff or his judgment, or proceeding shall include all objections then
deputy. (20) available, and all objections not so included shall be deemed
Section 19. Proof of service by publication. If the service waived. (8a)
has been made by publication, service may be proved by the Section 9. Motion for leave. A motion for leave to file a
affidavit of the printer, his foreman or principal clerk, or of pleading or motion shall be accompanied by the pleading or
the editor, business or advertising manager, to which affidavit motion sought to be admitted. (n)
a copy of the publication shall be attached and by an affidavit
showing the deposit of a copy of the summons and order for Section 10. Form. The Rules applicable to pleadings shall
publication in the post office, postage prepaid, directed to the apply to written motions so far as concerns caption,
defendant by registered mail to his last known address. (21) designation, signature, and other matters of form. (9a)

Section 20. Voluntary appearance. The defendant's RULE 16


voluntary appearance in the action shall be equivalent to
service of summons. The inclusion in a motion to dismiss of Motion to Dismiss
other grounds aside from lack of jurisdiction over the person Section 1. Grounds. Within the time for but before filing
of the defendant shall not be deemed a voluntary the answer to the complaint or pleading asserting a claim, a
appearance. (23a) motion to dismiss may be made on any of the following
RULE 15 grounds:

Motions (a) That the court has no jurisdiction over the person
of the defending party;
Section 1. Motion defined. A motion is an application for
relief other than by a pleading. (1a) (b) That the court has no jurisdiction over the subject
matter of the claim;
Section 2. Motions must be in writings. All motions shall be
in writing except those made in open court or in the course of (c) That venue is improperly laid;
a hearing or trial. (2a) (d) That the plaintiff has no legal capacity to sue;
Section 3. Contents. A motion shall state the relief sought (e) That there is another action pending between the
to be obtained and the grounds upon which it is based, and if same parties for the same cause;
required by these Rules or necessary to prove facts alleged
therein, shall be accompanied by supporting affidavits and (f) That the cause of action is barred by a prior
other papers. (3a) judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no Section 1. Dismissal upon notice by plaintiff. A complaint
cause of action; may be dismissed by the plaintiff by filing a notice of dismissal
at any time before service of the answer or of a motion for
(h) That the claim or demand set forth in the summary judgment. Upon such notice being filed, the court
plaintiff's pleading has been paid, waived, shall issue an order confirming the dismissal. Unless
abandoned, or otherwise extinguished; otherwise stated in the notice, the dismissal is without
(i) That the claim on which the action is founded is prejudice, except that a notice operates as an adjudication
enforceable under the provisions of the statute of upon the merits when filed by a plaintiff who has once
frauds; and dismissed in a competent court an action based on or
including the same claim. (1a)
(j) That a condition precedent for filing the claim has
not been complied with. (1a) Section 2. Dismissal upon motion of plaintiff. Except as
provided in the preceding section, a complaint shall not be
Section 2. Hearing of motion. At the hearing of the motion, dismissed at the plaintiff's instance save upon approval of the
the parties shall submit their arguments on the questions of court and upon such terms and conditions as the court deems
law and their evidence on the questions of fact involved proper. If a counterclaim has been pleaded by a defendant
except those not available at that time. Should the case go to prior to the service upon him of the plaintiffs motion for
trial, the evidence presented during the hearing shall dismissal, the dismissal shall be limited to the complaint. The
automatically be part of the evidence of the party presenting dismissal shall be without prejudice to the right of the
the same. (n) defendant to prosecute his counterclaim in a separate action
unless within fifteen (15) days from notice of the motion he
Section 3. Resolution of Motion. After the hearing, the manifests his preference to have his counterclaim resolved in
court may dismiss the action or claim, deny the motion, or the same action. Unless otherwise specified in the order, a
order the amendment of the pleading. dismissal under this paragraph shall be without prejudice. A
The court shall not defer the resolution of the motion for the class suit shall not be dismissed or compromised without the
reason that the ground relied upon is not indubitable. approval of the court. (2a)

In every case, the resolution shall state clearly and distinctly Section 3. Dismissal due to fault of plaintiff. If, for no
the reasons therefor. (3a) justifiable cause, the plaintiff fails to appear on the date of
the presentation of his evidence in chief on the complaint, or
Section 4. Time to plead. If the motion is denied, the to prosecute his action for an unreasonable length of time, or
movant shall file his answer within the balance of the period to comply with these Rules or any order of the court, the
prescribed by Rule 11 to which he was entitled at the time of complaint may be dismissed upon motion of the defendant or
serving his motion, but not less than five (5) days in any upon the court's own motion, without prejudice to the right
event, computed from his receipt of the notice of the denial. of the defendant to prosecute his counterclaim in the same
If the pleading is ordered to be amended, he shall file his or in a separate action. This dismissal shall have the effect of
answer within the period prescribed by Rule 11 counted from an adjudication upon the merits, unless otherwise declared
service of the amended pleading, unless the court provides a by the court. (3a)
longer period. (4a)
Section 4. Dismissal of counterclaim, cross-claim, or third-
Section 5. Effect of dismissal. Subject to the right of party complaint. The provisions of this Rule shall apply to
appeal, an order granting a motion to dismiss based on the dismissal of any counterclaim, cross-claim, or third-party
paragraphs (f), (h) and (i) of section 1 hereof shall bar the complaint. A voluntary dismissal by the claimant by notice as
refiling of the same action or claim. (n) in section 1 of this Rule, shall be made before a responsive
pleading or a motion for summary judgment is served or, if
Section 6. Pleading grounds as affirmative defenses. If no there is none, before the introduction of evidence at the trial
motion to dismiss has been filed, any of the grounds for
or hearing. (4a)
dismissal provided for in this Rule may be pleaded as an
affirmative defense in the answer and, in the discretion of the RULE 18
court, a preliminary hearing may be had thereon as if a
motion to dismiss had been filed. (5a) Pre-Trial

The dismissal of the complaint under this section shall be Section 1. When conducted. After the last pleading has
without prejudice to the prosecution in the same or separate been served and filed, if shall be the duty of the plaintiff to
action of a counterclaim pleaded in the answer. (n) promptly move ex parte that the case be set for pre-trial (5a,
R20)
RULE 17
Section 2. Nature and purpose. The pre-trial is mandatory.
Dismissal of Actions The court shall consider:
(a) The possibility of an amicable settlement or of a (b) A summary of admitted facts and proposed
submission to alternative modes of dispute stipulation of facts;
resolution;
(c) The issues to be tried or resolved;
(b) The simplification of the issues;
(d) The documents or exhibits to be presented
(c) The necessity or desirability of amendments to stating the purpose thereof;
the pleadings;
(e) A manifestation of their having availed or their
(d) The possibility of obtaining stipulations or intention to avail themselves of discovery
admissions of facts and of documents to avoid procedures or referral to commissioners; and
unnecessary proof;
(f) The number and names of the witnesses, and the
(e) The limitation of the number of witnesses; substance of their respective testimonies.

(f) The advisability of a preliminary reference of Failure to file the pre-trial brief shall have the same effect as
issues to a commissioner; failure to appear at the pre-trial. (n)

(g) The propriety of rendering judgment on the Section 7. Record of pre-trial. The proceedings in the pre-
pleadings, or summary judgment, or of dismissing trial shall be recorded. Upon the termination thereof, the
the action should a valid ground therefor be found court shall issue an order which shall recite in detail the
to exist; matters taken up in the conference, the action taken thereon,
the amendments allowed to the pleadings, and the
(h) The advisability or necessity of suspending the agreements or admissions made by the parties as to any of
proceedings; and the matters considered. Should the action proceed to trial,
(i) Such other matters as may aid in the prompt the order shall, explicitly define and limit the issues to be
disposition of the action. (1a, R20) tried. The contents of the order shall control the subsequent
course of the action, unless modified before trial to prevent
Section 3. Notice of pre-trial. The notice of pre-trial shall manifest injustice. (5a, R20)
be served on counsel, or on the party who has no counsel.
The counsel served with such notice is charged with the duty RULE 19
of notifying the party represented by him. (n) Intervention
Section 4. Appearance of parties. It shall be the duty of the Section 1. Who may intervene. A person who has a legal
parties and their counsel to appear at the pre-trial. The non- interest in the matter in litigation, or in the success of either
appearance of a party may be excused only if a valid cause is of the parties, or an interest against both, or is so situated as
shown therefor or if a representative shall appear in his to be adversely affected by a distribution or other disposition
behalf fully authorized in writing to enter into an amicable of property in the custody of the court or of an officer thereof
settlement, to submit to alternative modes of dispute may, with leave of court, be allowed to intervene in the
resolution, and to enter into stipulations or admissions of action. The court shall consider whether or not the
facts and of documents. (n) intervention will unduly delay or prejudice the adjudication of
Section 5. Effect of failure to appear. The failure of the the rights of the original parties, and whether or not the
plaintiff to appear when so required pursuant to the next intervenor's rights may be fully protected in a separate
preceding section shall be cause for dismissal of the action. proceeding. (2[a], [b]a, R12)
The dismissal shall be with prejudice, unless other-wise Section 2. Time to intervene. The motion to intervene may
ordered by the court. A similar failure on the part of the be filed at any time before rendition of judgment by the trial
defendant shall be cause to allow the plaintiff to present his court. A copy of the pleading-in-intervention shall be
evidence ex parte and the court to render judgment on the attached to the motion and served on the original parties. (n)
basis thereof. (2a, R20)
Section 3. Pleadings-in-intervention. The intervenor shall
Section 6. Pre-trial brief. The parties shall file with the file a complaint-in-intervention if he asserts a claim against
court and serve on the adverse party, in such manner as shall either or all of the original parties, or an answer-in-
ensure their receipt thereof at least three (3) days before the intervention if he unites with the defending party in resisting
date of the pre-trial, their respective pre-trial briefs which a claim against the latter. (2[c]a, R12)
shall contain, among others:
Section 4. Answer to complaint-in-intervention. The
(a) A statement of their willingness to enter into answer to the complaint-in-intervention shall be filed within
amicable settlement or alternative modes of dispute fifteen (15) days from notice of the order admitting the same,
resolution, indicating the desired terms thereof; unless a different period is fixed by the court. (2[d]a, R12)
RULE 20 things demanded which must appear to the court prima
facie relevant. (3a, R23)
Calendar of Cases
Section 4. Quashing a subpoena. The court may quash a
Section 1. Calendar of cases. The clerk of court, under the subpoena duces tecum upon motion promptly made and, in
direct supervision of the judge, shall keep a calendar of cases any event, at or before the time specified therein if it is
for pre-trial, for trial, those whose trials were adjourned or unreasonable and oppressive, or the relevancy of the books,
postponed, and those with motions to set for hearing. documents or things does not appear, or if the person in
Preference shall be given to habeas corpus cases, election whose behalf the subpoena is issued fails to advance the
cases, special civil actions, and those so required by law. (1a, reasonable cost of the production thereof.
R22)
The court may quash a subpoena ad testificandum on the
Section 2. Assignment of cases. The assignment of cases to ground that the witness is not bound thereby. In either case,
the different branches of a court shall be done exclusively by the subpoena may be quashed on the ground that the
raffle. The assignment shall be done in open session of which witness fees and kilometrage allowed by these Rules were
adequate notice shall be given so as to afford interested not tendered when the subpoena was served. (4a, R23)
parties the opportunity to be present. (7a, R22)
Section 5. Subpoena for depositions. Proof of service of a
RULE 21 notice to take a deposition, as provided in sections 15 and 25
Subpoena of Rule 23, shall constitute sufficient authorization for the
issuance of subpoenas for the persons named in said notice
Section 1. Subpoena and subpoena duces tecum. Subpoena by the clerk of the court of the place in which the deposition
is a process directed to a person requiring him to attend and is to be taken. The clerk shall not, however, issue a
to testify at the hearing or the trial of an action, or at any subpoena duces tecum to any such person without an order
investigation conducted by competent authority, or for the of the court. (5a, R23)
taking of his deposition. It may also require him to bring with
him any books, documents, or other things under his control, Section 6. Service. Service of a subpoena shall be made in
in which case it is called a subpoena duces tecum. (1a, R23) the same manner as personal or substituted service of
summons. The original shall be exhibited and a copy thereof
Section 2. By whom issued. The subpoena may be issued delivered to the person on whom it is served, tendering to
by him the fees for one day's attendance and the kilometrage
allowed by these Rules, except that, when a subpoena is
(a) the court before whom the witness is required to issued by or on behalf of the Republic of the Philippines or an
attend; officer or agency thereof, the tender need not be made. The
(b) the court of the place where the deposition is to service must be made so as to allow the witness a reasonable
be taken; time for preparation and travel to the place of attendance. If
the subpoena is duces tecum, the reasonable cost of
(c) the officer or body authorized by law to do so in producing the books, documents or things demanded shall
connection with investigations conducted by said also be tendered. (6a, R23)
officer or body; or
Section 7. Personal appearance in court. A person present
(d) any Justice of the Supreme Court or of the Court in court before a judicial officer may be required to testify as
of Appeals in any case or investigation pending if he were in attendance upon a subpoena is sued by such
within the Philippines. court or officer. (10, R23)
When application for a subpoena to a prisoner is made, the Section 8. Compelling attendance. In case of failure of a
judge or officer shall examine and study carefully such witness to attend, the court or judge issuing the subpoena,
application to determine whether the same is made for a upon proof of the service thereof and of the failure of the
valid purpose. witness, may issue a warrant to the sheriff of the province, or
his deputy, to arrest the witness and bring him before the
No prisoner sentenced to death, reclusion perpetua or life
court or officer where his attendance is required, and the cost
imprisonment and who is confined in any penal institution
of such warrant and seizure of such witness shall be paid by
shall be brought outside the said penal institution for
the witness if the court issuing it shall determine that his
appearance or attendance in any court unless authorized by
failure to answer the subpoena was willful and without just
the Supreme Court (2a, R23)
excuse. (11, R23)
Section 3. Form and contents. A subpoena shall state the
Section 9. Contempt. Failure by any person without
name of the court and the title of the action or investigation,
adequate cause to obey a subpoena served upon him shall be
shall be directed to the person whose attendance is required,
deemed a contempt of the court from which the subpoena is
and in the case of a subpoena duces tecum, it shall also
issued. If the subpoena was not issued by a court, the
contain a reasonable description of the books, documents or
disobedience thereto shall be punished in accordance with Section 4. Use of depositions. At the trial or upon the
the applicable law or Rule. (12a R23) hearing of a motion or an interlocutory proceeding, any part
or all of a deposition, so far as admissible under the rules of
Section 10. Exceptions. The provisions of sections 8 and 9 evidence, may be used against any party who was present or
of this Rule shall not apply to a witness who resides more represented at the taking of the deposition or who had due
than one hundred (100) kilometers from his residence to the notice thereof, in accordance with any one of the following
place where he is to testify by the ordinary course of travel, provisions;
or to a detention prisoner if no permission of the court in
which his case is pending was obtained. (9a, R23) (a) Any deposition may be used by any party for the
purpose of contradicting or impeaching the
RULE 22 testimony of deponent as a witness;
Computation of Time (b) The deposition of a party or of any one who at
Section 1. How to compute time. In computing any period the time of taking the deposition was an officer,
of time prescribed or allowed by these Rules, or by order of director, or managing agent of a public or private
the court, or by any applicable statute, the day of the act or corporation, partnership, or association which is a
event from which the designated period of time begins to run party may be used by an adverse party for any
is to be excluded and the date of performance included. If the purpose;
last day of the period, as thus computed, falls on a Saturday a (c) The deposition of a witness, whether or not a
Sunday, or a legal holiday in the place where the court sits, party, may be used by any party for any purpose if
the time shall not run until the next working day. (a) the court finds: (1) that the witness is dead, or (2)
Section 2. Effect of interruption. Should an act be done that the witness resides at a distance more than one
which effectively interrupts the running of the period, the hundred (100) kilometers from the place of trial or
allowable period after such interruption shall start to run on hearing, or is out of the Philippines, unless it appears
the day after notice of the cessation of the cause thereof. that his absence was procured by the party offering
the deposition, or (3) that the witness is unable to
The day of the act that caused the interruption shall be attend or testify because of age, sickness, infirmity,
excluded in the computation of the period. (n) or imprisonment, or (4) that the party offering the
deposition has been unable to procure the
RULE 23 attendance of the witness by subpoena; or (5) upon
Depositions Pending Action application and notice, that such exceptional
circumstances exist as to make it desirable, in the
Section 1. Depositions pending action, when may be taken. interest of justice and with due regard to the
By leave of court after jurisdiction has been obtained over importance of presenting the testimony of witnesses
any defendant or over property which is the subject of the orally in open court, to allow the deposition to be
action, or without such leave after an answer has been used; and
served, the testimony of any person, whether a party or not,
may be taken, at the instance of any party, by deposition (d) If only part of a deposition is offered in evidence
upon oral examination or written interrogatories. The by a party, the adverse party may require him to
attendance of witnesses may be compelled by the use of a introduce all of it which is relevant to the part
subpoena as provided in Rule 21. Depositions shall be taken introduced, and any party may introduce any other
only in accordance with these Rules. The deposition of a parts. (4a, R24)
person confined in prison may be taken only by leave of court Section 5. Effect of substitution of parties. Substitution of
on such terms as the court prescribes. (1a, R24) parties does not affect the right to use depositions previously
Section 2. Scope of examination. Unless otherwise ordered taken; and, when an action has been dismissed and another
by the court as provided by section 16 or 18 of this Rule, the action involving the same subject is afterward brought
deponent may be examined regarding any matter, not between the same parties or their representatives or
privileged, which is relevant to the subject of the pending successors in interest, all depositions lawfully taken and duly
action, whether relating to the claim or defense of any other filed in the former action may be used in the latter as if
party, including the existence, description, nature, custody, originally taken therefor. (5, R24)
condition, and location of any books, documents, or other Section 6. Objections to admissibility. Subject to the
tangible things and the identity and location of persons provisions of section 29 of this Rule, objection may be made
having knowledge of relevant facts. (2, R24) at the trial or hearing, to receiving in evidence any deposition
Section 3. Examination and cross-examination. or part thereof for any reason which would require the
Examination and cross-examination of deponents may exclusion of the evidence if the witness were then present
proceed as permitted at the trial under sections 3 to 18 of and testifying (6, R24)
Rule 132. (3a, R24)
Section 7. Effect of taking depositions. A party shall not be belongs. On motion of any party upon whom the notice is
deemed to make a person his own witness for any purpose by served, the court may for cause shown enlarge or shorten the
taking his deposition. (7, R24) time. (15, R24)

Section 8. Effect of using depositions. The introduction in Section 16. Orders for the protection of parties and
evidence of the deposition or any part thereof for any deponents. After notice is served for taking a deposition by
purpose other than that of contradicting or impeaching the oral examination, upon motion seasonably made by any party
deponent makes the deponent the witness of the party or by the person to be examined and for good cause shown,
introducing the deposition, but this shall not apply to the use the court in which the action is pending may make an order
by an adverse party of a deposition as described in paragraph that the deposition shall not be taken, or that it may be taken
(b) of section 4 of this Rule. (8, R24) only at some designated place other than that stated in the
notice, or that it may be taken only on written
Section 9. Rebutting deposition. At the trial or hearing any interrogatories, or that certain matters shall not be inquired
party may rebut any relevant evidence contained in a into, or that the scope of the examination shall be held with
deposition whether introduced by him or by any other party. no one present except the parties to the action and their
(9, R24) officers or counsel, or that after being sealed the deposition
Section 10. Persons before whom depositions may be taken shall be opened only by order of the court, or that secret
within the Philippines. Within the Philippines depositions processes, developments, or research need not be disclosed,
may be taken before any judge, notary public, or the person or that the parties shall simultaneously file specified
referred to in section 14 hereof. (10a, R24) documents or information enclosed in sealed envelopes to be
opened as directed by the court or the court may make any
Section 11. Persons before whom depositions may be taken in other order which justice requires to protect the party or
foreign countries. In a foreign state or country, depositions witness from annoyance, embarrassment, or oppression.
may be taken (a) on notice before a secretary of embassy or (16a, R24)
legation, consul general, consul, vice-consul, or consular
agent of the Republic of the Philippines, (b) before such Section 17. Record of examination, oath; objections. The
person or officer as may be appointed by commission or officer before whom the deposition is to be taken shall put
under letters rogatory; or (c) the person referred to in section the witness on oath and shall personally, or by some one
14 hereof. (11a, R24) acting under his direction and in his presence, record the
testimony of the witness. The testimony shall be taken
Section 12. Commission or letters rogatory. A commission stenographically unless the parties agree otherwise. All
or letters rogatory shall be issued only when necessary or objections made at the time of the examination to the
convenient, on application and notice, and on such terms, qualifications of the officer taking the deposition, or to the
and with such direction as are just and appropriate. Officers manner of talking it, or to the evidence presented, or to the
may be designated in notices or commissions either by name conduct of any party, and any other objection to the
or descriptive title and letters rogatory may be addressed to proceedings, shall be noted by the officer upon the
the appropriate judicial authority in the foreign country. (12a, deposition. Evidence objected to shall be taken subject to the
R24) objections. In lieu of participating in the oral examination,
parties served with notice of taking a deposition may transmit
Section 13. Disqualification by interest. No deposition shall written interrogatories to the officers, who shall propound
be taken before a person who is a relative within the sixth them to the witness and record the answers verbatim. (17,
degree of consanguinity or affinity, or employee or counsel of R24)
any of the parties, or who is a relative within the same
degree, or employee of such counsel; or who is financially Section 18. Motion to terminate or limit examination. At
interested in the action. (13a, R24) any time during the taking of the deposition, on motion or
petition of any party or of the deponent, and upon a showing
Section 14. Stipulations regarding taking of depositions. If that the examination is being conducted in bad faith or in
the parties so stipulate in writing, depositions may be taken such manner as unreasonably to annoy, embarrass, or
before any person authorized to administer oaths, at any oppress the deponent or party, the court in which the action
time or place, in accordance with these Rules and when so is pending or the Regional Trial Court of the place where the
taken may be used like other depositions. (14a, R24) deposition is being taken may order the officer conducting
Section 15. Deposition upon oral examination; notice; time the examination to cease forthwith from taking the
and place. A party desiring to take the deposition of any deposition, or may limit the scope and manner of the taking
person upon oral examination shall give reasonable notice in of the deposition, as provided in section 16 of this Rule. If the
writing, to every other party to the action. The notice shall order made terminates the examination, it shall be resumed
state the time and place for taking the deposition and the thereafter only upon the order of the court in which the
name and address of each person to be examined, if known, action is pending. Upon demand of the objecting party or
and if the name is not known, a general description sufficient deponent, the taking of the deposition shall be suspended for
to identify him or the particular class or group to which he the time necessary to make a notice for an order. In granting
or refusing such order, the court may impose upon either
party or upon the witness the requirement to pay such costs Section 25. Deposition upon written interrogatories; service of
or expenses as the court may deem reasonable. (18a, R24) notice and of interrogatories. A party desiring to take the
deposition of any person upon written interrogatories shall
Section 19. Submission to witness; changes; signing. When serve them upon every other party with a notice stating the
the testimony is fully transcribed, the deposition shall be name and address of the person who is to answer them and
submitted to the witness for examination and shall be read to the name or descriptive title and address of the officer before
or by him, unless such examination and reading are waived by whom the deposition is to be taken. Within ten (10) days
the witness and by the parties. Any changes in form or thereafter, a party so served may serve cross-interrogatories
substance which the witness desires to make shall be entered upon the party proposing to take the deposition. Within five
upon the deposition by the officer with a statement of the (5) days thereafter, the latter may serve re-direct
reasons given by the witness for making them. The deposition interrogatories upon a party who has served cross-
shall then be signed by the witness, unless the parties by interrogatories. Within three (3) days after being served with
stipulation waive the signing or the witness is ill or cannot be re-direct interrogatories, a party may serve recross-
found or refuses to sign. If the deposition is not signed by the interrogatories upon the party proposing to take the
witness, the officer shall sign it and state on the record the deposition. (25, R24)
fact of the waiver or of the illness or absence of the witness
or the fact of the refusal to sign together with the reason be Section 26. Officers to take responses and prepare record.
given therefor, if any, and the deposition may then be used as A copy of the notice and copies of all interrogatories served
fully as though signed, unless on a motion to suppress under shall be delivered by the party taking the deposition to the
section 29 (f) of this Rule, the court holds that the reasons officer designated in the notice, who shall proceed promptly,
given for the refusal to sign require rejection of the in the manner provided by sections 17, 19 and 20 of this Rule,
deposition in whole or in part. (19a, R24) to take the testimony of the witness in response to the
interrogatories and to prepare, certify, and file or mail the
Section 20. Certification, and filing by officer. The officer deposition, attaching thereto the copy of the notice and the
shall certify on the deposition that the witness was duly interrogatories received by him. (26, R24)
sworn to by him and that the deposition is a true record of
the testimony given by the witness. He shall then securely Section 27. Notice of filing and furnishing copies. When a
seal the deposition in an envelope indorsed with the title of deposition upon interrogatories is filed, the officer taking it
the action and marked "Deposition of (here insert the name shall promptly give notice thereof to all the parties, and may
of witness)" and shall promptly file it with the court in which furnish copies to them or to the deponent upon payment of
the action is pending or send it by registered mail to the clerk reasonable charges therefor. (27, R24)
thereof for filing. (20, R24)
Section 28. Order for the protection of parties and deponents.
Section 21. Notice of filing. The officer taking the After the service of the interrogatories and prior to the
deposition shall give prompt notice of its filing to all the taking of the testimony of the deponent, the court in which
parties. (21, R24) the action is pending, on motion promptly made by a party or
a deponent, and for good cause shown, may make any order
Section 22. Furnishing copies. Upon payment of specified in sections 15, 16 and 18 of this Rule which is
reasonable charges therefor, the officer shall furnish a copy appropriate and just or an order that the deposition shall not
of the deposition to any party or to the deponent. (22, R24) be taken before the officer designated in the notice or that it
Section 23. Failure to attend of party giving notice. If the shall not be taken except upon oral examination. (28a, R24)
party giving the notice of the taking of a deposition fails to Section 29. Effect of errors and irregularities in depositions.
attend and proceed therewith and another attends in person
or by counsel pursuant to the notice, the court may order the (a) As to notice. All errors and irregularities in the
party giving the notice to pay such other party the amount of notice for taking a deposition are waived unless
the reasonable expenses incurred by him and his counsel in written objection is promptly served upon the party
so attending, including reasonable attorney's fees. (23a, R24) giving the notice.

Section 24. Failure of party giving notice to serve subpoena. (b) As to disqualification of officer. Objection to
If the party giving the notice of the taking of a deposition taking a deposition because of disqualification of the
of a witness fails to serve a subpoena upon him and the officer before whom it is to be taken is waived unless
witness because of such failure does not attend, and if made before the taking of the deposition begins or
another party attends in person or by counsel because he as soon thereafter as the disqualification becomes
expects the deposition of that witness to be taken, the court known or could be discovered with reasonable
may order the party giving the notice to pay to such other diligence.
party the amount of the reasonable expenses incurred by him
and his counsel in so attending, including reasonable (c) As to competency or relevancy of evidence.
attorney's fees. (24a, R24) 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 Section 3. Notice and service. The petitioner shall serve a
ground, of the objection is one which might have notice upon each person named in the petition as an
been obviated or removed if presented at that time. expected adverse party, together with a copy of the petition,
stating that the petitioner will apply to the court, at a time
(d) As to oral examination and other particulars. and place named therein, for the order described in the
Errors and irregularities occurring at the oral petition. At least twenty (20) days before the date of the
examination in the manner of taking the deposition hearing, the court shall cause notice thereof to be served on
in the form of the questions or answers, in the oath the parties and prospective deponents in the manner
or affirmation, or in the conduct of the parties and provided for service of summons. (3a, R134)
errors of any kind which might be obviated,
removed, or cured if promptly prosecuted, are Section 4. Order and examination. If the court is satisfied
waived unless reasonable objection thereto is made that the perpetuation of the testimony may prevent a failure
at the taking of the deposition. or delay of justice, it shall make an order designating or
describing the persons whose deposition may be taken and
(e) As to form of written interrogatories. specifying the subject matter of the examination and whether
Objections to the form of written interrogatories the depositions shall be taken upon oral examination or
submitted under sections 25 and 26 of this Rule are written interrogatories. The depositions may be taken in
waived unless served in writing upon the party accordance with Rule 23 before the hearing. (4a, R134)
propounding them within the time allowed for
serving succeeding cross or other interrogatories and Section 5. Reference to court. For the purpose of applying
within three (3) days after service of the last Rule 23 to depositions for perpetuating testimony, each
interrogatories authorized. reference therein to the court in which the action is pending
shall be deemed to refer to the court in which the petition for
(f) As to manner of preparation. Errors and such deposition was filed. (5a, R134)
irregularities in the manner in which the testimony is
transcribed or the deposition is prepared, signed, Section 6. Use of deposition. If a deposition to perpetuate
certified, sealed, indorsed, transmitted, filed, or testimony is taken under this Rule, or if, although not so
otherwise dealt with by the officer under sections taken, it would be admissible in evidence, it may be used in
17, 19, 20 and 26 of this Rule are waived unless a any action involving the same subject matter sub-sequently
motion to suppress the deposition or some part brought in accordance with the provisions of sections 4 and 5
thereof is made with reasonable promptness after of Rule 23. (6a, R134)
such defect is, or with due diligence might have
been, ascertained. (29a, R24) Section 7. Depositions pending appeal. If an appeal has
been taken from a judgment of a court, including the Court of
RULE 24 Appeals in proper cases, or before the taking of an appeal if
the time therefor has not expired, the court in which the
Depositions Before Action or Pending Appeal judgment was rendered may allow the taking of depositions
Section 1. Depositions before action; petition. A person of witnesses to perpetuate their testimony for in the event of
who desires to perpetuate his own testimony or that of further proceedings in the said court. In such case the party
another person regarding any matter that may be cognizable who desires to perpetuate the testimony may make a motion
in any court of the Philippines may file a verified petition in in the said court for leave to take the depositions, upon the
the court of the place of the residence of any expected same notice and service thereof as if the action was pending
adverse party. (1a R134) therein. The motion shall state (a) the names and addresses
of the persons to be examined and the substance of the
Section 2. Contents of petition. The petition shall be testimony which he expects to elicit from each, and (b) the
entitled in the name of the petitioner and shall show: (a) that reason for perpetuating their testimony. If the court finds
the petitioner expects to be a party to an action in a court of that the perpetuation of the testimony is proper to avoid a
the Philippines but is presently unable to bring it or cause it failure or delay of justice, it may make an order allowing the
to be brought; (b) the subject matter of the expected action deposition to be taken, and thereupon the depositions may
and his interest therein; (c) the facts which he desires to be taken and used in the same manner and under the same
establish by the proposed testimony and his reasons for conditions as are prescribed in these Rules for depositions
desiring to perpetuate it; (d) the names or a description of taken in pending actions. (7a, R134)
the persons he expects will be adverse parties and their
addresses so far as known; and (e) the names and addresses RULE 25
of the persons to be examined and the substance of the Interrogatories to Parties
testimony which he expects to elicit from each, and shall ask
for an order authorizing the petitioner to take the depositions Section 1. Interrogatories to parties; service thereof. Under
of the persons to be examined named in the petition for the the same conditions specified in section 1 of Rule 23, any
purpose of perpetuating their testimony. (2, R134) party desiring to elicit material and relevant facts from any
adverse parties shall file and serve upon the latter written
interrogatories to be answered by the party served or, if the Objections to any request for admission shall be submitted to
party served is a public or private corporation or a the court by the party requested within the period for and
partnership or association, by any officer thereof competent prior to the filing of his sworn statement as contemplated in
to testify in its behalf. (1a) the preceding paragraph and his compliance therewith shall
be deferred until such objections are resolved, which
Section 2. Answer to interrogatories. The interrogatories resolution shall be made as early as practicable. (2a)
shall be answered fully in writing and shall be signed and
sworn to by the person making them. The party upon whom Section 3. Effect of admission. Any admission made by a
the interrogatories have been served shall file and serve a party pursuant to such request is for the purpose of the
copy of the answers on the party submitting the pending action only and shall not constitute an admission by
interrogatories within fifteen (15) days after service thereof him for any other purpose nor may the same be used against
unless the court on motion and for good cause shown, him in any other proceeding. (3)
extends or shortens the time. (2a)
Section 4. Withdrawal. The court may allow the party
Section 3. Objections to interrogatories. Objections to any making an admission under the Rule, whether express or
interrogatories may be presented to the court within ten (10) implied, to withdraw or amend it upon such terms as may be
days after service thereof, with notice as in case of a motion; just. (4)
and answers shall be deferred until the objections are
resolved, which shall be at as early a time as is practicable. Section 5. Effect of failure to file and serve request for
(3a) admission. Unless otherwise allowed by the court for good
cause shown and to prevent a failure of justice a party who
Section 4. Number of interrogatories. No party may, fails to file and serve a request for admission on the adverse
without leave of court, serve more than one set of party of material and relevant facts at issue which are, or
interrogatories to be answered by the same party. (4) ought to be, within the personal knowledge of the latter, shall
not be permitted to present evidence on such facts. (n)
Section 5. Scope and use of interrogatories. Interrogatories
may relate to any matters that can be inquired into under RULE 27
section 2 of Rule 23, and the answers may be used for the
same purposes provided in section 4 of the same Rule. (5a) Production or Inspection of Documents or Things

Section 6. Effect of failure to serve written interrogatories. Section 1. Motion for production or inspection; order. Upon
Unless thereafter allowed by the court for good cause shown motion of any party showing good cause therefor, the court
and to prevent a failure of justice, a party not served with in which an action is pending may (a) order any party to
written interrogatories may not be compelled by the adverse produce and permit the inspection and copying or
party to give testimony in open court, or to give a deposition photographing, by or on behalf of the moving party, of any
pending appeal. (n) designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, not privileged, which
RULE 26 constitute or contain evidence material to any matter
involved in the action and which are in his possession,
Admission by Adverse Party custody or control, or (b) order any party to permit entry
Section 1. Request for admission. At any time after issues upon designated land or other property in his possession or
have been joined, a party may file and serve upon any other control for the purpose of inspecting, measuring, surveying,
party may file and serve upon any other party a written or photographing the property or any designated relevant
request for the admission by the latter of the genuineness of object or operation thereon. The order shall specify the time,
any material and relevant document described in and place and manner of making the inspection and taking copies
exhibited with the request or of the truth of any material and and photographs, and may prescribe such terms and
relevant matter of fact set forth in the request. Copies of the conditions as are just. (1a)
documents shall be delivered with the request unless copy RULE 28
have already been furnished. (1a)
Physical and Mental Examination of Persons
Section 2. Implied admission. Each of the matters of which
an admission is requested shall be deemed admitted unless, Section 1. When examination may be ordered. In an action
within a period designated in the request, which shall not be in which the mental or physical condition of a party is in
less than fifteen (15) days after service thereof, or within such controversy, the court in which the action is pending may in
further time as the court may allow on motion, the party to its discretion order him to submit to a physical or mental
whom the request is directed files and serves upon the party examination by a physician. (1)
requesting the admission a sworn statement either denying
specifically the matters of which an admission is requested or Section 2. Order for examination. The order for
setting forth in detail the reasons why he cannot truthfully examination may be made only on motion for good cause
either admit or deny those matters. shown and upon notice to the party to be examined and to all
other parties, and shall specify the time, place, manner,
conditions and scope of the examination and the person or Section 3. Other consequences. If any party or an officer or
persons by whom it is to be made. (2) managing agent of a party refuses to obey an order made
under section 1 of this Rule requiring him to answer
Section 3. Report of findings. If requested by the party designated questions, or an order under Rule 27 to produce
examined, the party causing the examination to be made any document or other thing for inspection, copying, or
shall deliver to him a copy of a detailed written report of the photographing or to permit it to be done, or to permit entry
examining physician setting out his findings and conclusions. upon land or other property or an order made under Rule 28
After such request and delivery, the party causing the requiring him to submit to a physical or mental examination,
examination to be made shall be entitled upon request to the court may make such orders in regard to the refusal as
receive from the party examined a like report of any are just, and among others the following:
examination, previously or thereafter made, of the same
mental or physical condition. If the party examined refuses to (a) An order that the matters regarding which the
deliver such report, the court on motion and notice may questions were asked, or the character or
make an order requiring delivery on such terms as are just, description of the thing or land, or the contents of
and if a physician fails or refuses to make such a report the the paper, or the physical or mental condition of the
court may exclude his testimony if offered at the trial. (3a) party, or any other designated facts shall be taken to
be established for the purposes of the action in
Section 4. Waiver of privilege. By requesting and obtaining accordance with the claim of the party obtaining the
a report of the examination so ordered or by taking the order;
deposition of the examiner, the party examined waives any
privilege he may have in that action or any other involving the (b) An order refusing to allow the disobedient party
same controversy, regarding the testimony of every other to support or oppose designated claims or defenses
person who has examined or may thereafter examine him in or prohibiting him from introducing in evidence
respect of the same mental or physical examination. (4) designated documents or things or items of
testimony, or from introducing evidence of physical
RULE 29 or mental condition;
Refusal to Comply with Modes of Discovery (c) An order striking out pleadings or parts thereof,
Section 1. Refusal to answer. If a party or other deponent or staying further proceedings until the order is
refuses to answer any question upon oral examination, the obeyed, or dismissing the action or proceeding or
examination may be completed on other matters or any part thereof, or rendering a judgment by default
adjourned as the proponent of the question may prefer. The against the disobedient party; and
proponent may thereafter apply to the proper court of the (d) In lieu of any of the foregoing orders or in
place where the deposition is being taken, for an order to addition thereto, an order directing the arrest of any
compel an answer. The same procedure may be availed of party or agent of a party for disobeying any of such
when a party or a witness refuses to answer any orders except an order to submit to a physical or
interrogatory submitted under Rules 23 or 25. mental examination. (3a)
If the application is granted, the court shall require the Section 4. Expenses on refusal to admit. If a party after
refusing party or deponent to answer the question or being served with a request under Rule 26 to admit the
interrogatory and if it also finds that the refusal to answer genuineness of any document or the truth of any matter of
was without substantial justification, it may require the fact serves a sworn denial thereof and if the party requesting
refusing party or deponent or the counsel advising the the admissions thereafter proves the genuineness of such
refusal, or both of them, to pay the proponent the amount of document or the truth of any such matter of fact, he may
the reasonable expenses incurred in obtaining the order, apply to the court for an order requiring the other party to
including attorney's fees. pay him the reasonable expenses incurred in making such
If the application is denied and the court finds that it was filed proof, including attorney's fees. Unless the court finds that
without substantial justification, the court may require the there were good reasons for the denial or that admissions
proponent or the counsel advising the filing of the sought were of no substantial importance, such order shall be
application, or both of them, to pay to the refusing party or issued. (4a)
deponent the amount of the reasonable expenses incurred in Section 5. Failure of party to attend or serve answers. If a
opposing the application, including attorney's fees. (1a) party or an officer or managing agent of a party wilfully fails
Section 2. Contempt of court. If a party or other witness to appear before the officer who is to take his deposition,
refuses to be sworn or refuses to answer any question after after being served with a proper notice, or fails to serve
being directed to do so by the court of the place in which the answers to interrogatories submitted under Rule 25 after
deposition is being taken, the refusal may be considered a proper service of such interrogatories, the court on motion
contempt of that court. (2a) and notice, may strike out all or any part of any pleading of
that party, or dismiss the action or proceeding or any part
thereof, or enter a judgment by default against that party,
and in its discretion, order him to pay reasonable expenses (e) The parties against whom any counterclaim or
incurred by the other, including attorney's fees. (5) cross-claim has been pleaded, shall adduce evidence
in support of their defense, in the order to be
Section 6. Expenses against the Republic of the Philippines. prescribed by the court;
Expenses and attorney's fees are not to be imposed upon the
Republic of the Philippines under this Rule. (6) (f) The parties may then respectively adduce
rebutting evidence only, unless the court, for good
RULE 30 reasons and in the furtherance of justice, permits
Trial them to adduce evidence upon their original case;
and
Section 1. Notice of Trial. Upon entry of a case in the trial
calendar, the clerk shall notify the parties of the date of its (g) Upon admission of the evidence, the case shall be
trial in such manner as shall ensure his receipt of that notice deemed submitted for decision, unless the court
at least five (5) days before such date. (2a, R22) directs the parties to argue or to submit their
respective memoranda or any further pleadings.
Section 2. Adjournments and postponements. A court may
adjourn a trial from day to day, and to any stated time, as the If several defendants or third-party defendants, and so forth,
expeditious and convenient transaction of business may having separate defenses appear by different counsel, the
require, but shall have no power to adjourn a trial for a longer court shall determine the relative order of presentation of
period than one month for each adjournment nor more than their evidence. (1a, R30)
three months in all, except when authorized in writing by the Section 6. Agreed statement of facts. The parties to any
Court Administrator, Supreme Court. (3a, R22) action may agree, in writing, upon the facts involved in the
Section 3. Requisites of motion to postpone trial for absence litigation, and submit the case for judgment on the facts
of evidence. A motion to postpone a trial on the ground of agreed upon, without the introduction of evidence.
absence of evidence can be granted only upon affidavit If the parties agree only on some of the facts in issue, the trial
showing the materiality or relevancy of such evidence, and shall be held as to the disputed facts in such order as the
that due diligence has been used to procure it. But if the court shall prescribe. (2a, R30)
adverse party admits the facts to be given in evidence, even if
he objects or reserves the right to object to their Section 7. Statement of judge. During the hearing or trial
admissibility, the trial shall not be postponed. (4a, R22; Bar of a case any statement made by the judge with reference to
Matter No. 803, 21 July 1998) the case, or to any of the parties, witnesses or counsel, shall
be made of record in the stenographic notes. (3a, R30)
Section 4. Requisites of motion to postpone trial for illness of
party or counsel. A motion to postpone a trial on the Section 8. Suspension of actions. The suspension of actions
ground of illness of a party or counsel may be granted if it shall be governed by the provisions of the Civil Code. (n)
appears upon affidavit or sworn certification that the
presence of such party or counsel at the trial is indispensable Section 9. Judge to receive evidence; delegation to clerk of
and that the character of his illness is such as to render his court. The judge of the court where the case is pending
non-attendance excusable. (5a, R22) shall personally receive the evidence to be adduced by the
parties. However, in default or ex parte hearings, and in any
Section 5. Order of trial. Subject to the provisions of case where the parties agree in writing, the court may
section 2 of Rule 31, and unless the court for special reasons delegate the reception of evidence to its clerk of court who is
otherwise directs, the trial shall be limited to the issues a member of the bar. The clerk of court shall have no power
stated in the pre-trial order and shall proceed as follows: to rule on objections to any question or to the admission of
exhibits, which objections shall be resolved by the court upon
(a) The plaintiff shall adduce evidence in support of submission of his report and the transcripts within ten (10)
his complaint; days from termination of the hearing. (n)
(b) The defendant shall then adduce evidence in RULE 31
support of his defense, counterclaim, cross-claim
and third-party complaints; Consolidation or Severance

(c) The third-party defendant if any, shall adduce Section 1. Consolidation. When actions involving a
evidence of his defense, counterclaim, cross-claim common question of law or fact are pending before the court,
and fourth-party complaint; it may order a joint hearing or trial of any or all the matters in
issue in the actions; it may order all the actions consolidated,
(d) The fourth-party, and so forth, if any, shall and it may make such orders concerning proceedings therein
adduce evidence of the material facts pleaded by as may tend to avoid unnecessary costs or delay. (1)
them;
Section 2. Separate trials. The court, in furtherance of
convenience or to avoid prejudice, may order a separate trial
of any claim, cross-claim, counterclaim, or third-party place for the first meeting of the parties or their counsel to be
complaint, or of any separate issue or of any number of held within ten (10) days after the date of the order of
claims, cross-claims, counterclaims, third-party complaints or reference and shall notify the parties or their counsel. (5a,
issues. (2a) R33)

RULE 32 Section 6. Failure of parties to appear before commissioner.


If a party fails to appear at the time and place appointed,
Trial by Commissioner the commissioner may proceed ex parte or, in his discretion,
Section 1. Reference by consent. By written consent of adjourn the proceedings to a future day, giving notice to the
both parties, the court may order any or all of the issues in a absent party or his counsel of the adjournment. (6a, R33)
case to be referred to a commissioner to be agreed upon by Section 7. Refusal of witness. The refusal of a witness to
the parties or to be appointed by the court. As used in these obey a subpoena issued by the commissioner or to give
Rules, the word "commissioner" includes a referee, an evidence before him, shall be deemed a contempt of the
auditor and an examiner. (1a, R33) court which appointed the commissioner. (7a R33)
Section 2. Reference ordered on motion. When the parties Section 8. Commissioner shall avoid delays. It is the duty of
do not consent, the court may, upon the application of either the commissioner to proceed with all reasonable diligence.
or of its own motion, direct a reference to a commissioner in Either party, on notice to the parties and commissioner, may
the following cases: apply to the court for an order requiring the commissioner to
(a) When the trial of an issue of fact requires the expedite the proceedings and to make his report. (8a, R33)
examination of a long account on either side, in Section 9. Report of commissioner. Upon the completion of
which case the commissioner may be directed to the trial or hearing or proceeding before the commissioner,
hear and report upon the whole issue or any specific he shall file with the court his report in writing upon the
question involved therein; matters submitted to him by the order of reference. When his
(b) When the taking of an account is necessary for powers are not specified or limited, he shall set forth his
the information of the court before judgment, or for findings of fact and conclusions of law in his report. He shall
carrying a judgment or order into effect. attach thereto all exhibits, affidavits, depositions, papers and
the transcript, if any, of the testimonial evidence presented
(c) When a question of fact, other than upon the before him. (9a, R33)
pleadings, arises upon motion or otherwise, in any
stage of a case, or for carrying a judgment or order Section 10. Notice to parties of the filing of report. Upon
into effect. (2a, R33) the filing of the report, the parties shall be notified by the
clerk, and they shall be allowed ten (10) days within which to
Section 3. Order of reference; powers of the commissioner. signify grounds of objections to the findings of the report, if
When a reference is made, the clerk shall forthwith furnish they so desire. Objections to the report based upon grounds
the commissioner with a copy of the order of reference. The which were available to the parties during the proceedings
order may specify or limit the powers of the commissioner, before the commissioner, other than objections to the
and may direct him to report only upon particular issues, or findings and conclusions therein, set forth, shall not be
to do or perform particular acts, or to receive and report considered by the court unless they were made before the
evidence only and may fix the date for beginning and closing commissioner. (10, R33)
the hearings and for the filing of his report. Subject to other
specifications and limitations stated in the order, the Section 11. Hearing upon report. Upon the expiration of
commissioner has and shall exercise the power to regulate the period of ten (10) days referred to in the preceding
the proceedings in every hearing before him and to do all acts section, the report shall be set for hearing, after which the
and take all measures necessary or proper for the efficient court shall issue an order adopting, modifying, or rejecting
performance of his duties under the order. He may issue the report in whole or in part, or recommitting it with
subpoenas and subpoenas duces tecum, swear witnesses, and instructions, or requiring the parties to present further
unless otherwise provided in the order of reference, he may evidence before the commissioner or the court. (11a, R33)
rule upon the admissibility of evidence. The trial or hearing Section 12. Stipulations as to findings. When the parties
before him shall proceed in all respects as it would if held stipulate that a commissioner's findings of fact shall be final,
before the court. (3a, R33) only questions of law shall thereafter be considered. (12a,
Section 4. Oath of commissioner. Before entering upon his R33)
duties the commissioner shall be sworn to a faithful and Section 13. Compensation of commissioner. The court shall
honest performance thereof. (14, R33) allow the commissioner such reasonable compensation as the
Section 5. Proceedings before commissioner. Upon receipt circumstances of the case warrant, to be taxed as costs
of the order of reference and unless otherwise provided against the defeated party, or apportioned, as justice
therein, the commissioner shall forthwith set a time and requires. (13, R33)
RULE 33 faith controverted. It shall thereupon make an order
specifying the facts that appear without substantial
Demurrer to Evidence controversy, including the extent to which the amount of
Section 1. Demurrer to evidence. After the plaintiff has damages or other relief is not in controversy, and directing
completed the presentation of his evidence, the defendant such further proceedings in the action as are just. The facts so
may move for dismissal on the ground that upon the facts specified shall be deemed established, and the trial shall be
and the law the plaintiff has shown no right to relief. If his conducted on the controverted facts accordingly. (4a, R34)
motion is denied he shall have the right to present evidence. Section 5. Form of affidavits and supporting papers.
If the motion is granted but on appeal the order of dismissal Supporting and opposing affidavits shall be made on personal
is reversed he shall be deemed to have waived the right to knowledge, shall set forth such facts as would be admissible
present evidence. (1a, R35) in evidence, and shall show affirmatively that the affiant is
RULE 34 competent to testify to the matters stated therein. Certified
true copies of all papers or parts thereof referred to in the
Judgment on the Pleadings affidavit shall be attached thereto or served therewith. (5a,
R34)
Section 1. Judgment on the pleadings. Where an answer
fails to tender an issue, or otherwise admits the material Section 6. Affidavits in bad faith. Should it appear to its
allegations of the adverse party's pleading, the court may; on satisfaction at any time that any of the affidavits presented
motion of that party, direct judgment on such pleading. pursuant to this Rule are presented in bad faith, or solely for
However, in actions for declaration of nullity or annulment of the purpose of delay, the court shall forthwith order the
marriage or for legal separation, the material facts alleged in offending party or counsel to pay to the other party the
the complaint shall always be proved. (1a, R19) amount of the reasonable expenses which the filing of the
affidavits caused him to incur including attorney's fees, it
RULE 35 may, after hearing further adjudge the offending party or
Summary Judgments counsel guilty of contempt. (6a, R34)

Section 1. Summary judgment for claimant. A party RULE 36


seeking to recover upon a claim, counterclaim, or cross-claim Judgments, Final Orders and Entry Thereof
or to obtain a declaratory relief may, at any time after the
pleading in answer thereto has been served, move with Section 1. Rendition of judgments and final orders. A
supporting affidavits, depositions or admissions for a judgment or final order determining the merits of the case
summary judgment in his favor upon all or any part thereof. shall be in writing personally and directly prepared by the
(1a, R34) judge, stating clearly and distinctly the facts and the law on
which it is based, signed by him, and filed with the clerk of
Section 2. Summary judgment for defending party. A party the court. (1a)
against whom a claim, counterclaim, or cross-claim is
asserted or a declaratory relief is sought may, at any time, Section 2. Entry of judgments and final orders. If no appeal
move with supporting affidavits, depositions or admissions or motion for new trial or reconsideration is filed within the
for a summary judgment in his favor as to all or any part time provided in these Rules, the judgment or final order shall
thereof. (2a, R34) forthwith be entered by the clerk in the book of entries of
judgments. The date of finality of the judgment or final order
Section 3. Motion and proceedings thereon. The motion shall be deemed to be the date of its entry. The record shall
shall be served at least ten (10) days before the time specified contain the dispositive part of the judgment or final order and
for the hearing. The adverse party may serve opposing shall be signed by the clerk, within a certificate that such
affidavits, depositions, or admissions at least three (3) days judgment or final order has become final and executory. (2a,
before the hearing. After the hearing, the judgment sought 10, R51)
shall be rendered forthwith if the pleadings, supporting
affidavits, depositions, and admissions on file, show that, Section 3. Judgment for or against one or more of several
except as to the amount of damages, there is no genuine parties. Judgment may be given for or against one or more
issue as to any material fact and that the moving party is of several plaintiffs and for or against one or more of several
entitled to a judgment as a matter of law. (3a, R34) defendants. When justice so demands, the court may require
the parties on each side to file adversary pleadings as
Section 4. Case not fully adjudicated on motion. If on between themselves and determine their ultimate rights and
motion under this Rule, judgment is not rendered upon the obligations. (3)
whole case or for all the reliefs sought and a trial is necessary,
the court at the hearing of the motion, by examining the Section 4. Several judgments. In an action against several
pleadings and the evidence before it and by interrogating defendants, the court may, when a several judgment is
counsel shall ascertain what material facts exist without proper, render judgment against one or more of them,
substantial controversy and what are actually and in good leaving the action to proceed against the others. (4)
Section 5. Separate judgments. When more than one claim A motion for reconsideration shall point out a specifically the
for relief is presented in an action, the court, at any stage, findings or conclusions of the judgment or final order which
upon a determination of the issues material to a particular are not supported by the evidence or which are contrary to
claim and all counterclaims arising out of the transaction or law making express reference to the testimonial or
occurrence which is the subject matter of the claim, may documentary evidence or to the provisions of law alleged to
render a separate judgment disposing of such claim. The be contrary to such findings or conclusions.
judgment shall terminate the action with respect to the claim
so disposed of and the action shall proceed as to the A pro forma motion for new trial or reconsideration shall not
remaining claims. In case a separate judgment is rendered the toll the reglementary period of appeal. (2a)
court by order may stay its enforcement until the rendition of Section 3. Action upon motion for new trial or
a subsequent judgment or judgments and may prescribe such reconsideration. The trial court may set aside the judgment
conditions as may be necessary to secure the benefit thereof or final order and grant a new trial, upon such terms as may
to the party in whose favor the judgment is rendered. (5a) be just, or may deny the motion. If the court finds that
Section 6. Judgment against entity without juridical excessive damages have been awarded or that the judgment
personality. When judgment is rendered against two or or final order is contrary to the evidence or law, it may amend
more persons sued as an entity without juridical personality, such judgment or final order accordingly. (3a)
the judgment shall set out their individual or proper names, if Section 4. Resolution of motion. A motion for new trial or
known. (6a) reconsideration shall be resolved within thirty (30) days from
RULE 37 the time it is submitted for resolution. (n)

New Trial or Reconsiderations Section 5. Second motion for new trial. A motion for new
trial shall include all grounds then available and those not so
Section 1. Grounds of and period for filing motion for new included shall be deemed waived. A second motion for new
trial or reconsideration. Within the period for taking an trial, based on a ground not existing nor available when the
appeal, the aggrieved party may move the trial court to set first motion was made, may be filed within the time herein
aside the judgment or final order and grant a new trial for provided excluding the time during which the first motion had
one or more of the following causes materially affecting the been pending.
substantial rights of said party:
No party shall be allowed a second motion for
(a) Fraud, accident, mistake or excusable negligence reconsideration of a judgment or final order (4a, 4, IRG)
which ordinary prudence could not have guarded
against and by reason of which such aggrieved party Section 6. Effect of granting of motion for new trial. If a
has probably been impaired in his rights; or new trial is granted in accordance with the provisions of this
Rules the original judgment or final order shall be vacated,
(b) Newly discovered evidence, which he could not, and the action shall stand for trial de novo; but the recorded
with reasonable diligence, have discovered and evidence taken upon the former trial, insofar as the same is
produced at the trial, and which if presented would material and competent to establish the issues, shall be used
probably alter the result. at the new trial without retaking the same. (5a)

Within the same period, the aggrieved party may also move Section 7. Partial new trial or reconsideration. If the
for reconsideration upon the grounds that the damages grounds for a motion under this Rule appear to the court to
awarded are excessive, that the evidence is insufficient to affect the issues as to only a part, or less than an of the
justify the decision or final order, or that the decision or final matter in controversy, or only one, or less than all, of the
order is contrary to law. (1a) parties to it, the court may order a new trial or grant
reconsideration as to such issues if severable without
Section 2. Contents of motion for new trial or reconsideration interfering with the judgment or final order upon the rest.
and notice thereof. The motion shall be made in writing (6a)
stating the ground or grounds therefor, a written notice of
which shall be served by the movant on the adverse party. Section 8. Effect of order for partial new trial. When less
than all of the issues are ordered retried, the court may either
A motion for new trial shall be proved in the manner provided enter a judgment or final order as to the rest, or stay the
for proof of motion. A motion for the cause mentioned in enforcement of such judgment or final order until after the
paragraph (a) of the preceding section shall be supported by new trial. (7a)
affidavits of merits which may be rebutted by affidavits. A
motion for the cause mentioned in paragraph (b) shall be Section 9. Remedy against order denying a motion for new
supported by affidavits of the witnesses by whom such trial or reconsideration. An order denying a motion for new
evidence is expected to be given, or by duly authenticated trial or reconsideration is not appealed, the remedy being an
documents which are proposed to be introduced in evidence. appeal from the judgment or final order. (n)
RULE 38 court shall then proceed to hear and determine the case as if
a timely motion for a new trial or reconsideration had been
Relief from Judgments, Orders, or Other Proceedings granted by it. (6a)
Section 1. Petition for relief from judgment, order, or other Section 7. Procedure where the denial of an appeal is set
proceedings. When a judgment or final order is entered, or aside. Where the denial of an appeal is set aside, the lower
any other proceeding is thereafter taken against a party in court shall be required to give due course to the appeal and
any court through fraud, accident, mistake, or excusable to elevate the record of the appealed case as if a timely and
negligence, he may file a petition in such court and in the proper appeal had been made. (7a)
same case praying that the judgment, order or proceeding be
set aside. (2a) RULE 39

Section 2. Petition for relief from denial of appeal. When a Execution, Satisfaction and Effect of Judgments
judgment or final order is rendered by any court in a case,
and a party thereto, by fraud, accident, mistake, or excusable Section 1. Execution upon judgments or final orders.
negligence, has been prevented from taking an appeal, he Execution shall issue as a matter of right, or motion, upon a
may file a petition in such court and in the same case praying judgment or order that disposes of the action or proceeding
that the appeal be given due course. (1a) upon the expiration of the period to appeal therefrom if no
appeal has been duly perfected. (1a)
Section 3. Time for filing petition; contents and verification.
A petition provided for in either of the preceding sections of If the appeal has been duly perfected and finally resolved, the
this Rule must be verified, filed within sixty (60) days after the execution may forthwith be applied for in the court of origin,
petitioner learns of the judgment, final order, or other on motion of the judgment obligee, submitting therewith
proceeding to be set aside, and not more than six (6) months certified true copies of the judgment or judgments or final
after such judgment or final order was entered, or such order or orders sought to be enforced and of the entry
proceeding was taken, and must be accompanied with thereof, with notice to the adverse party.
affidavits showing the fraud, accident, mistake, or excusable The appellate court may, on motion in the same case, when
negligence relied upon, and the facts constituting the the interest of justice so requires, direct the court of origin to
petitioner's good and substantial cause of action or defense, issue the writ of execution. (n)
as the case may be. (3)
Section 2. Discretionary execution.
Section 4. Order to file an answer. If the petition is
sufficient in form and substance to justify relief, the court in (a) Execution of a judgment or final order pending
which it is filed, shall issue an order requiring the adverse appeal. On motion of the prevailing party with
parties to answer the same within fifteen (15) days from the notice to the adverse party filed in the trial court
receipt thereof. The order shall be served in such manner as while it has jurisdiction over the case and is in
the court may direct, together with copies of the petition and possession of either the original record or the record
the accompanying affidavits. (4a) on appeal, as the case may be, at the time of the
filing of such motion, said court may, in its
Section 5. Preliminary injunction pending proceedings. The discretion, order execution of a judgment or final
court in which the petition is filed may grant such preliminary order even before the expiration of the period to
injunction as may be necessary for the preservation of the appeal.
rights of the parties, upon the filing by the petitioner of a
bond in favor of the adverse party, conditioned that if the After the trial court has lost jurisdiction the motion
petition is dismissed or the petitioner fails on the trial of the for execution pending appeal may be filed in the
case upon its merits, he will pay the adverse party all appellate court.
damages and costs that may be awarded to him by reason of
the issuance of such injunction or the other proceedings Discretionary execution may only issue upon good
following the petition, but such injunction shall not operate reasons to be stated in a special order after due
to discharge or extinguish any lien which the adverse party hearing.
may have acquired upon, the property, of the petitioner. (5a) (b) Execution of several, separate or partial
Section 6. Proceedings after answer is filed. After the filing judgments. A several, separate or partial
of the answer or the expiration of the period therefor, the judgment may be executed under the same terms
court shall hear the petition and if after such hearing, it finds and conditions as execution of a judgment or final
that the allegations thereof are not true, the petition shall be order pending appeal. (2a)
dismissed; but if it finds said allegations to be true, it shall set Section 3. Stay of discretionary execution. Discretionary
aside the judgment or final order or other proceeding execution issued under the preceding section may be stayed
complained of upon such terms as may be just. Thereafter upon approval by the proper court of a sufficient supersedeas
the case shall stand as if such judgment, final order or other bond filed by the party against whom it is directed,
proceeding had never been rendered, issued or taken. The conditioned upon the performance of the judgment or order
allowed to be executed in case it shall be finally sustained in is directed to enforce the writ according to its terms, in the
whole or in part. The bond thus given may be proceeded manner hereinafter provided:
against on motion with notice to the surety. (3a )
(a) If the execution be against the property of the
Section 4. Judgments not stayed by appeal. Judgments in judgment obligor, to satisfy the judgment, with
actions for injunction, receivership, accounting and support, interest, out of the real or personal property of such
and such other judgments as are now or may hereafter be judgment obligor;
declared to be immediately executory, shall be enforceable
after their rendition and shall not, be stayed by an appeal (b) If it be against real or personal property in the
taken therefrom, unless otherwise ordered by the trial court. hands of personal representatives, heirs, devisees,
On appeal therefrom, the appellate court in its discretion may legatees, tenants, or trustees of the judgment
make an order suspending, modifying, restoring or granting obligor, to satisfy the judgment, with interest, out of
the injunction, receivership, accounting, or award of support. such property;

The stay of execution shall be upon such terms as to bond or (c) If it be for the sale of real or personal property to
otherwise as may be considered proper for the security or sell such property describing it, and apply the
protection of the rights of the adverse party. (4a) proceeds in conformity with the judgment, the
material parts of which shall be recited in the writ of
Section 5. Effect of reversal of executed judgment. Where execution;
the executed judgment is reversed totally or partially, or
annulled, on appeal or otherwise, the trial court may, on (d) If it be for the delivery of the possession of real or
motion, issue such orders of restitution or reparation of personal property, to deliver the possession of the
damages as equity and justice may warrant under the same, describing it, to the party entitled thereto, and
circumstances. (5a) to satisfy any costs, damages, rents, or profits
covered by the judgment out of the personal
Section 6. Execution by motion or by independent action. A property of the person against whom it was
final and executory judgment or order may be executed on rendered, and if sufficient personal property cannot
motion within five (5) years from the date of its entry. After be found, then out of the real property; and
the lapse of such time, and before it is barred by the statute
of limitations, a judgment may be enforced by action. The (e) In all cases, the writ of execution shall specifically
revived judgment may also be enforced by motion within five state the amount of the interest, costs, damages,
(5) years from the date of its entry and thereafter by action rents, or profits due as of the date of the issuance of
before it is barred by the statute of limitations. (6a) the writ, aside from the principal obligation under
the judgment. For this purpose, the motion for
Section 7. Execution in case of death of party. In case of execution shall specify the amounts of the foregoing
the death of a party, execution may issue or be enforced in reliefs sought by the movant.(8a)
the following manner:
Section 9. Execution of judgments for money, how enforced.
(a) In case of the death of the judgment obligee,
upon the application of his executor or
administrator, or successor in interest; (a) Immediate payment on demand. The officer
shall enforce an execution of a judgment for money
(b) In case of the death of the judgment obligor, by demanding from the judgment obligor the
against his executor or administrator or successor in immediate payment of the full amount stated in the
interest, if the judgment be for the recovery of real writ of execution and all lawful fees. The judgment
or personal property, or the enforcement of a lien obligor shall pay in cash, certified bank check
thereon; payable to the judgment obligee, or any other form
of payment acceptable to the latter, the amount of
(c) In case of the death of the judgment obligor, after the judgment debt under proper receipt directly to
execution is actually levied upon any of his property, the judgment obligee or his authorized
the same may be sold for the satisfaction of the representative if present at the time of payment.
judgment obligation, and the officer making the sale The lawful fees shall be handed under proper receipt
shall account to the corresponding executor or to the executing sheriff who shall turn over the said
administrator for any surplus in his hands. (7a) amount within the same day to the clerk of court of
Section 8. Issuance, form and contents of a writ of execution. the court that issued the writ.
The writ of execution shall: (1) issue in the name of the If the judgment obligee or his authorized
Republic of the Philippines from the court which granted the representative is not present to receive payment,
motion; (2) state the name of the court, the case number and the judgment obligor shall deliver the aforesaid
title, the dispositive part of the subject judgment or order; payment to the executing sheriff. The latter shall
and (3) require the sheriff or other proper officer to whom it turn over all the amounts coming into his possession
within the same day to the clerk of court of the court The garnishee shall make a written report to the
that issued the writ, or if the same is not practicable, court within five (5) days from service of the notice
deposit said amounts to a fiduciary account in the of garnishment stating whether or not the judgment
nearest government depository bank of the Regional obligor has sufficient funds or credits to satisfy the
Trial Court of the locality. amount of the judgment. If not, the report shall state
how much funds or credits the garnishee holds for
The clerk of said court shall thereafter arrange for the judgment obligor. The garnished amount in cash,
the remittance of the deposit to the account of the or certified bank check issued in the name of the
court that issued the writ whose clerk of court shall judgment obligee, shall be delivered directly to the
then deliver said payment to the judgment obligee in judgment obligee within ten (10) working days from
satisfaction of the judgment. The excess, if any, shall service of notice on said garnishee requiring such
be delivered to the judgment obligor while the delivery, except the lawful fees which shall be paid
lawful fees shall be retained by the clerk of court for directly to the court.
disposition as provided by law. In no case shall the
executing sheriff demand that any payment by check In the event there are two or more garnishees
be made payable to him. holding deposits or credits sufficient to satisfy the
judgment, the judgment obligor, if available, shall
(b) Satisfaction by levy. If the judgment obligor have the right to indicate the garnishee or
cannot pay all or part of the obligation in cash, garnishees who shall be required to deliver the
certified bank check or other mode of payment amount due, otherwise, the choice shall be made by
acceptable to the judgment obligee, the officer shall the judgment obligee.
levy upon the properties of the judgment obligor of
every kind and nature whatsoever which may be The executing sheriff shall observe the same
disposed, of for value and not otherwise exempt procedure under paragraph (a) with respect to
from execution giving the latter the option to delivery of payment to the judgment obligee. (8a,
immediately choose which property or part thereof 15a)
may be levied upon, sufficient to satisfy the
judgment. If the judgment obligor does not exercise Section 10. Execution of judgments for specific act.
the option, the officer shall first levy on the personal (a) Conveyance, delivery of deeds, or other specific
properties, if any, and then on the real properties if acts; vesting title. If a judgment directs a party to
the personal properties are insufficient to answer for execute a conveyance of land or personal property,
the judgment. or to deliver deeds or other documents, or to
The sheriff shall sell only a sufficient portion of the perform, any other specific act in connection
personal or real property of the judgment obligor therewith, and the party fails to comply within the
which has been levied upon. time specified, the court may direct the act to be
done at the cost of the disobedient party by some
When there is more property of the judgment other person appointed by the court and the act
obligor than is sufficient to satisfy the judgment and when so done shall have like effect as if done by the
lawful fees, he must sell only so much of the party. If real or personal property is situated within
personal or real property as is sufficient to satisfy the the Philippines, the court in lieu of directing a
judgment and lawful fees. conveyance thereof may by an order divest the title
of any party and vest it in others, which shall have
Real property, stocks, shares, debts, credits, and the force and effect of a conveyance executed in due
other personal property, or any interest in either real form of law. (10a)
or personal property, may be levied upon in like
manner and with like effect as under a writ of (b) Sale of real or personal property. If the
attachment. judgment be for the sale of real or personal
property, to sell such property, describing it, and
(c) Garnishment of debts and credits. The officer apply the proceeds in conformity with the judgment.
may levy on debts due the judgment obligor and (8[c]a)
other credits, including bank deposits, financial
interests, royalties, commissions and other personal (c) Delivery or restitution of real property. The
property not capable of manual delivery in the officer shall demand of the person against whom the
possession or control of third parties. Levy shall be judgment for the delivery or restitution of real
made by serving notice upon the person owing such property is rendered and all persons claiming rights
debts or having in his possession or control such under him to peaceably vacate the property within
credits to which the judgment obligor is entitled. The three (3) working days, and restore possession
garnishment shall cover only such amount as will thereof to the judgment obligee, otherwise, the
satisfy the judgment and all lawful fees. officer shall oust all such persons therefrom with the
assistance, if necessary, of appropriate peace
officers, and employing such means as may be judgment obligor may select, of a value not
reasonably necessary to retake possession, and place exceeding one hundred thousand pesos;
the judgment obligee in possession of such property.
Any costs, damages, rents or profits awarded by the (f) Provisions for individual or family use sufficient
judgment shall be satisfied in the same manner as a for four months;
judgment for money. (13a) (g) The professional libraries and equipment of
(d) Removal of improvements on property subject of judges, lawyers, physicians, pharmacists, dentists,
execution. When the property subject of the engineers, surveyors, clergymen, teachers, and other
execution contains improvements constructed or professionals, not exceeding three hundred
planted by the judgment obligor or his agent, the thousand pesos in value;
officer shall not destroy, demolish or remove said (h) One fishing boat and accessories not exceeding
improvements except upon special order of the the total value of one hundred thousand pesos
court, issued upon motion of the judgment obligee owned by a fisherman and by the lawful use of which
after the hearing and after the former has failed to he earns his livelihood;
remove the same within a reasonable time fixed by
the court. (14a) (i) So much of the salaries, wages, or earnings of the
judgment obligor for his personal services within the
(e) Delivery of personal property. In judgment for four months preceding the levy as are necessary for
the delivery of personal property, the officer shall the support of his family;
take possession of the same and forthwith deliver it
to the party entitled thereto and satisfy any (j) Lettered gravestones;
judgment for money as therein provided. (8a)
(k) Monies, benefits, privileges, or annuities accruing
Section 11. Execution of special judgments. When a or in any manner growing out of any life insurance;
judgment requires the performance of any act other than
those mentioned in the two preceding sections, a certified (l) The right to receive legal support, or money or
copy of the judgment shall be attached to the writ of property obtained as such support, or any pension or
execution and shall be served by the officer upon the party gratuity from the Government;
against whom the same is rendered, or upon any other (m) Properties specially exempted by law.
person required thereby, or by law, to obey the same, and
such party or person may be punished for contempt if he But no article or species of property mentioned in this section
disobeys such judgment. (9a) shall be exempt from execution issued upon a judgment
recovered for its price or upon a judgment of foreclosure of a
Section 12. Effect of levy on execution as to third person. mortgage thereon. (12a)
The levy on execution shall create a lien in favor of the
judgment obligee over the right, title and interest of the Section 14. Return of writ of execution. The writ of
judgment obligor in such property at the time of the levy, execution shall be returnable to the court issuing it
subject to liens and encumbrances then existing. (16a) immediately after the judgment has been satisfied in part or
in full. If the judgment cannot be satisfied in full within thirty
Section 13. Property exempt from execution. Except as (30) days after his receipt of the writ, the officer shall report
otherwise expressly provided by law, the following property, to the court and state the reason therefor. Such writ shall
and no other, shall be exempt from execution: continue in effect during the period within which the
(a) The judgment obligor's family home as provided judgment may be enforced by motion. The officer shall make
by law, or the homestead in which he resides, and a report to the court every thirty (30) days on the
land necessarily used in connection therewith; proceedings taken thereon until the judgment is satisfied in
full, or its effectivity expires. The returns or periodic reports
(b) Ordinary tools and implements personally used shall set forth the whole of the proceedings taken, and shall
by him in his trade, employment, or livelihood; be filed with the court and copies thereof promptly furnished
the parties. (11a)
(c) Three horses, or three cows, or three carabaos, or
other beasts of burden, such as the judgment obligor Section 15. Notice of sale of property on execution. Before
may select necessarily used by him in his ordinary the sale of property on execution, notice thereof must be
occupation; given as follows:

(d) His necessary clothing and articles for ordinary (a) In case of perishable property, by posting written
personal use, excluding jewelry; notice of the time and place of the sale in three (3)
public places, preferably in conspicuous areas of the
(e) Household furniture and utensils necessary for municipal or city hall, post office and public market
housekeeping, and used for that purpose by the in the municipality or city where the sale is to take
judgment obligor and his family, such as the place, for such time as may be reasonable,
considering the character and condition of the bond is filed. Nothing herein contained shall prevent such
property; claimant or any third person from vindicating his claim to the
property in a separate action, or prevent the judgment
(b) In case of other personal property, by posting a obligee from claiming damages in the same or a separate
similar notice in the three (3) public places above- action against a third-party claimant who filed a frivolous or
mentioned for not less than five (5) days; plainly spurious claim.
(c) In case of real property, by posting for twenty When the writ of execution is issued in favor of the Republic
(20) days in the three (3) public places of the Philippines, or any officer duly representing it, the filing
abovementioned a similar notice particularly of such bond shall not be required, and in case the sheriff or
describing the property and stating where the levying officer is sued for damages as a result of the levy, he
property is to be sold, and if the assessed value of shall be represented by the Solicitor General and if held liable
the property exceeds fifty thousand (P50,000.00) therefor, the actual damages adjudged by the court shall be
pesos, by publishing a copy of the notice once a paid by the National Treasurer out of such funds as may be
week for two (2) consecutive weeks in one appropriated for the purpose. (17a)
newspaper selected by raffle, whether in English,
Filipino, or any major regional language published, Section 17. Penalty for selling without notice, or removing or
edited and circulated or, in the absence thereof, defacing notice. An officer selling without the notice
having general circulation in the province or city; prescribed by section 15 of this Rule shall be liable to pay
punitive damages in the amount of five thousand (P5,000.00)
(d) In all cases, written notice of the sale shall be pesos to any person injured thereby, in addition to his actual
given to the judgment obligor, at least three (3) days damages, both to be recovered by motion in the same action;
before the sale, except as provided in paragraph (a) and a person willfully removing or defacing the notice posted,
hereof where notice shall be given the same manner if done before the sale, or before the satisfaction of the
as personal service of pleadings and other papers as judgment if it be satisfied before the sale, shall be liable to
provided by section 6 of Rule 13. pay five thousand (P5,000.00) pesos to any person injured by
The notice shall specify the place, date and exact time of the reason thereof, in addition to his actual damages, to be
sale which should not be earlier than nine o'clock in the recovered by motion in the same action. (19a)
morning and not later than two o'clock in the afternoon. The Section 18. No sale if judgment and costs paid. At any time
place of the sale may be agreed upon by the parties. In the before the sale of property on execution, the judgment
absence of such agreement, the sale of the property or obligor may prevent the sale by paying the amount required
personal property not capable of manual delivery shall be by the execution and the costs that have been incurred
held in the office of the clerk of court of the Regional Trial therein. (20a)
Court or the Municipal Trial Court which issued the writ of or
which was designated by the appellate court. In the case of Section 19. How property sold on execution; who may direct
personal property capable of manual delivery, the sale shall manner and order of sale. All sales of property under
be held in the place where the property is located. (18a) execution must be made at public auction, to the highest
bidder, to start at the exact time fixed in the notice. After
Section 16. Proceedings where property claimed by third sufficient property has been sold to satisfy the execution, no
person. If the property levied on is claimed by any person more shall be sold and any excess property or proceeds of the
other than the judgment obligor or his agent, and such sale shall be promptly delivered to the judgment obligor or
person makes an affidavit of his title thereto or right to the his authorized representative, unless otherwise directed by
possession thereof, stating the grounds of such right or title, the judgment or order of the court. When the sale is of real
and serves the same upon the officer making the levy and property, consisting of several known lots, they must be sold
copy thereof, stating the grounds of such right or tittle, and a separately; or, when a portion of such real property is
serves the same upon the officer making the levy and a copy claimed by a third person, he may require it to be sold
thereof upon the judgment obligee, the officer shall not be separately. When the sale is of personal property capable of
bound to keep the property, unless such judgment obligee, manual delivery, it must be sold within view of those
on demand of the officer, files a bond approved by the court attending the same and in such parcels as are likely to bring
to indemnity the third-party claimant in a sum not less than the highest price. The judgment obligor, if present at the sale,
the value of the property levied on. In case of disagreement may direct the order in which property, real or personal shall
as to such value, the same shall be determined by the court be sold, when such property consists of several known lots or
issuing the writ of execution. No claim for damages for the parcels which can be sold to advantage separately. Neither
taking or keeping of the property may be enforced against the officer conducting the execution sale, nor his deputies,
the bond unless the action therefor is filed within one can become a purchaser, nor be interested directly or
hundred twenty (120) days from the date of the filing of the indirectly in any purchase at such sale. (21a)
bond.
Section 20. Refusal of purchaser to pay. If a purchaser
The officer shall not be liable for damages for the taking or refuses to pay the amount bid by him for property struck off
keeping of the property, to any third-party claimant if such
to him at a sale under execution, the officer may again sell Such certificate must be registered in the registry of deeds of
the property to the highest bidder and shall not be the place where the property is situated. (27 a)
responsible for any loss occasioned thereby; but the court
may order the refusing purchaser to pay into the court the Section 26. Certificate of sale where property claimed by third
amount of such loss, with costs, and may punish him for person. When a property sold by virtue of a writ of
contempt if he disobeys the order. The amount of such execution has been claimed by a third person, the certificate
payment shall be for the benefit of the person entitled to the of sale to be issued by the sheriff pursuant to sections 23, 24
proceeds of the execution, unless the execution has been and 25 of this Rule shall make express mention of the
fully satisfied, in which event such proceeds shall be for the existence of such third-party claim. (28a)
benefit of the judgment obligor. The officer may thereafter Section 27. Who may redeem real property so sold. Real
reject any subsequent bid of such purchaser who refuses to property sold as provided in the last preceding section, or any
pay. (22a) part thereof sold separately, may be redeemed in the manner
Section 21. Judgment obligee as purchaser. When the hereinafter provided, by the following persons:
purchaser is the judgment obligee, and no third-party claim (a) The judgment obligor; or his successor in interest
has been filed, he need not pay the amount of the bid if it in the whole or any part of the property;
does not exceed the amount of his judgment. If it does, he
shall pay only the excess. (23a) (b) A creditor having a lien by virtue of an
attachment, judgment or mortgage on the property
Section 22. Adjournment of sale. By written consent of the sold, or on some part thereof, subsequent to the lien
judgment obligor and obligee, or their duly authorized under which the property was sold. Such redeeming
representatives, the officer may adjourn the sale to any date creditor is termed a redemptioner. (29a)
and time agreed upon by them. Without such agreement, he
may adjourn the sale from day to day if it becomes necessary Section 28. Time and manner of, and amounts payable
to do so for lack of time to complete the sale on the day fixed on, successive redemptions; notice to be given and filed.
in the notice or the day to which it was adjourned. (24a) The judgment obligor, or redemptioner, may redeem the
property from the purchaser, at any time within one (1) year
Section 23. Conveyance to purchaser of personal property from the date of the registration of the certificate of sale, by
capable of manual delivery. When the purchaser of any paying the purchaser the amount of his purchase, with
personal property, capable of manual delivery, pays the the per centum per month interest thereon in addition, up to
purchase price, the officer making the sale must deliver the the time of redemption, together with the amount of any
property to the purchaser and, if desired, execute and deliver assessments or taxes which the purchaser may have paid
to him a certificate of sale. The sale conveys to the purchaser thereon after purchase, and interest on such last named
all the rights which the judgment obligor had in such property amount at the same rate; and if the purchaser be also a
as of the date of the levy on execution or preliminary creditor having a prior lien to that of the redemptioner, other
attachment. (25a) than the judgment under which such purchase was made, the
Section 24. Conveyance to purchaser of personal property not amount of such other lien, with interest.
capable of manual delivery. When the purchaser of any Property so redeemed may again be redeemed within sixty
personal property, not capable of manual delivery, pays the (60) days after the last redemption upon payment of the sum
purchase price, the officer making the sale must execute and paid on the last redemption, with two per centum thereon in
deliver to the purchaser a certificate of sale. Such certificate addition and the amount of any assessments or taxes which
conveys to the purchaser all the rights which the judgment the last redemptioner may have paid thereon after
obligor had in such property as of the date of the levy on redemption by him, with interest on such last named amount,
execution or preliminary attachment. (26a) and in addition, the amount of any liens held by said last
Section 25. Conveyance of real property; certificate thereof redemptioner prior to his own, with interest. The property
given to purchaser and filed with registry of deeds. Upon a may be again, and as often as a redemptioner is so disposed,
sale of real property, the officer must give to the purchaser a redeemed from any previous redemptioner within sixty (60)
certificate of sale containing: days after the last redemption, on paying the sum paid on the
last previous redemption, with two per centum thereon in
(a) A particular description of the real property sold; addition, and the amounts of any assessments or taxes which
the last previous redemptioner paid after the redemption
(b) The price paid for each distinct lot or parcel; thereon, with interest thereon, and the amount of any liens
(c) The whole price paid by him; held by the last redemptioner prior to his own, with interest.

(d) A statement that the right of redemption expires Written notice of any redemption must be given to the officer
one (1) year from the date of the registration of the who made the sale and a duplicate filed with the registry of
certificate of sale. deeds of the place, and if any assessments or taxes are paid
by the redemptioner or if he has or acquires any lien other
than that upon which the redemption was made, notice
thereof must in like manner be given to the officer and filed Section 33. Deed and possession to be given at expiration of
with the registry of deeds; if such notice be not filed, the redemption period; by whom executed or given. If no
property may be redeemed without paying such assessments, redemption be made within one (1) year from the date of the
taxes, or liens. (30a) registration of the certificate of sale, the purchaser is entitled
to a conveyance and possession of the property; or, if so
Section 29. Effect of redemption by judgment obligor, and a redeemed whenever sixty (60) days have elapsed and no
certificate to be delivered and recorded thereupon; to whom other redemption has been made, and notice thereof given,
payments on redemption made. If the judgment obligor and the time for redemption has expired, the last
redeems he must make the same payments as are required to redemptioner is entitled to the conveyance and possession;
effect a redemption by a redemptioner, whereupon, no but in all cases the judgment obligor shall have the entire
further redemption shall be allowed and he is restored to his period of one (1) year from the date of the registration of the
estate. The person to whom the redemption payment is sale to redeem the property. The deed shall be executed by
made must execute and deliver to him a certificate of the officer making the sale or by his successor in office, and in
redemption acknowledged before a notary public or other the latter case shall have the same validity as though the
officer authorized to take acknowledgments of conveyances officer making the sale had continued in office and executed
of real property. Such certificate must be filed and recorded it.
in the registry of deeds of the place in which the property is
situated and the registrar of deeds must note the record Upon the expiration of the right of redemption, the purchaser
thereof on the margin of the record of the certificate of sale. or redemptioner shall be substituted to and acquire all the
The payments mentioned in this and the last preceding rights, title, interest and claim of the judgment obligor to the
sections may be made to the purchaser or redemptioner, or property as of the time of the levy. The possession of the
for him to the officer who made the sale. (31a) property shall be given to the purchaser or last redemptioner
by the same officer unless a third party adversely to the
Section 30. Proof required of redemptioner. A judgment obligor. (35a)
redemptioner must produce to the officer, or person from
whom he seeks to redeem, and serve with his notice to the Section 34. Recovery of price if sale not effective; revival of
officer a copy of the judgment or final order under which he judgment. If the purchaser of real property sold on
claims the right to redeem, certified by the clerk of the court execution, or his successor in interest, fails to recover the
wherein the judgment or final order is entered, or, if he possession thereof, or is evicted therefrom, in consequence
redeems upon a mortgage or other lien, a memorandum of of irregularities in the proceedings concerning the sale, or
the record thereof, certified by the registrar of deeds, or an because the judgment has been reversed or set aside, or
original or certified copy of any assignment necessary to because the property sold was exempt from execution, or
establish his claim; and an affidavit executed by him or his because a third person has vindicated his claim to the
agent, showing the amount then actually due on the lien. property, he may on motion in the same action or in a
(32a) separate action recover from the judgment obligee the price
paid, with interest, or so much thereof as has not been
Section 31. Manner of using premises pending delivered to the judgment obligor, or he may, on motion,
redemption; waste restrained. Until the expiration of the have the original judgment revived in his name for the whole
time allowed for redemption, the court may, as in other price with interest, or so much thereof as has been delivered
proper cases, restrain the commission of waste on the to the judgment obligor. The judgment so revived shall have
property by injunction, on the application of the purchaser or the same force and effect as an original judgment would have
the judgment obligee, with or without notice; but it is not as of the date of the revival and no more. (36a)
waste for a person in possession of the property at the time
of the sale, or entitled to possession afterwards, during the Section 35. Right to contribution or reimbursement. When
period allowed for redemption, to continue to use it in the property liable to an execution against several persons is sold
same manner in which it was previously used, or to use it in thereon, and more than a due proportion of the judgment is
the ordinary course of husbandry; or to make the necessary satisfied out of the proceeds of the sale of the property of
repairs to buildings thereon while he occupies the property. one of them, or one of them pays, without a sale, more than
(33a) his proportion, he may compel a contribution from the
others; and when a judgment is upon an obligation of one of
Section 32. Rents, earnings and income of property pending them, as security for another, and the surety pays the
redemption. The purchaser or a redemptioner shall not be amount, or any part thereof, either by sale of his property or
entitled to receive the rents, earnings and income of the before sale, he may compel repayment from the principal.
property sold on execution, or the value of the use and (37a)
occupation thereof when such property is in the possession
of a tenant. All rents, earnings and income derived from the Section 36. Examination of judgment obligor when judgment
property pending redemption shall belong to the judgment unsatisfied. When the return of a writ of execution issued
obligor until the expiration of his period of redemption. (34a) against property of a judgment obligor, or any one of several
obligors in the same judgment, shows that the judgment
remains unsatisfied, in whole or in part, the judgment
obligee, at any time after such return is made, shall be property of the judgment obligor, or money due him, not
entitled to an order from the court which rendered the said exempt from execution, in the hands of either himself or
judgment, requiring such judgment obligor to appear and be another person, or of a corporation or other juridical entity,
examined concerning his property and income before such to be applied to the satisfaction of the judgment, subject to
court or before a commissioner appointed by it at a specified any prior rights over such property.
time and place; and proceedings may thereupon be had for
the application of the property and income of the judgment If, upon investigation of his current income and expenses, it
obligor towards the satisfaction of the judgment. But no appears that the earnings of the judgment obligor for his
judgment obligor shall be so required to appear before a personal services are more than necessary for the support of
court or commissioner outside the province or city in which his family, the court may order that he pay the judgment in
such obligor resides or is found. (38a) fixed monthly installments, and upon his failure to pay any
such installment when due without good excuse, may punish
Section 37. Examination of obligor of judgment obligor. him for indirect contempt. (42a)
When the return of a writ of execution against the property
of a judgment obligor shows that the judgment remain Section 41. Appointment of receiver. The court may
unsatisfied, in whole or in part, and upon proof to the appoint a receiver of the property of the judgment obligor;
satisfaction of the court which issued the writ, that a person, and it may also forbid a transfer or other disposition of, or
corporation, or other juridical entity has property of such any interference with, the property of the judgment obligor
judgment obligor or is indebted to him, the court may, by an not exempt from execution. (43a)
order, require such person, corporation, or other juridical Section 42. Sale of ascertainable interest of judgment obligor
entity, or any officer, or member thereof, to appear before in real estate. If it appears that the judgment obligor has
the court or a commissioner appointed by it, at a time and an interest in real estate in the place in which proceedings are
place within the province or city where such debtor resides or had, as mortgagor or mortgagee or other- wise, and his
is found, and be examined concerning the same. The service interest therein can be ascertained without controversy the
of the order shall bind all credits due the judgment obligor receiver may be ordered to sell and convey such real estate
and all money and property of the judgment obligor in the or the interest of the obligor therein; and such sale shall be
possession or in the control of such person corporation, or conducted in all respects in the same manner as is provided
juridical entity from the time of service; and the court may for the sale of real state upon execution, and the proceedings
also require notice of such proceedings to be given to any thereon shall be approved by the court before the execution
party to the action in such manner as it may deem proper. of the deed. (34a)
(39a)
Section 43. Proceedings when indebtedness denied or another
Section 38. Enforcement of attendance and conduct of person claims the property. If it appears that a person or
examination. A party or other person may be compelled, corporation, alleged to have property of the judgment obligor
by an order or subpoena, to attend before the court or or to be indebted to him, claims an interest in the property
commissioner to testify as provided in the two preceding adverse to him or denied the debt, the court may authorize,
sections, and upon failure to obey such order or subpoena or by an order made to that effect, the judgment obligee to
to be sworn, or to answer as a witness or to subscribe his institute an action against such person or corporation for the
deposition, may be punished for contempt as in other cases. recovery of such interest or debt, forbid a transfer or other
Examinations shall not be unduly prolonged, but the disposition of such interest or debt within one hundred
proceedings may be adjourned from time to time, until they twenty (120) days from notice of the order, and may punish
are completed. If the examination is before a commissioner, disobedience of such order as for contempt. Such order may
he must take it in writing and certify it to the court. All be modified or vacated at any time by the court which issued
examinations and answers before a court commissioner must it, or by the court in which the action is brought, upon such
be under oath, and when a corporation or other juridical terms as may be just. (45a)
entity answers, it must be on the oath of an authorized
officer or agent thereof. (40a) Section 44. Entry of satisfaction of judgment by clerk of court.
Satisfaction of a judgment shall be entered by the clerk of
Section 39. Obligor may pay execution against obligee. court in the court docket, and in the execution book, upon
After a writ of execution against property has been issued, a the return of a writ of execution showing the full satisfaction
person indebted to the judgment obligor may pay to the of the judgment, or upon the filing of an admission to the
sheriff holding the writ of execution the amount of his debt or satisfaction of the judgment executed and acknowledged in
so much thereof as may be necessary to satisfy the judgment, the same manner as a conveyance of real property by the
in the manner prescribed in section 9 of this Rule, and the judgment obligee or by his counsel unless a revocation of his
sheriff's receipt shall be a sufficient discharge for the amount authority is filed, or upon the endorsement of such admission
so paid or directed to be credited by the judgment obligee on by the judgment obligee or his counsel, on the face of the
the execution. (41a) record of the judgment. (46a)
Section 40. Order for application of property and income to Section 45. Entry of satisfaction with or without admission.
satisfaction of judgment. The court may order any Whenever a judgment is satisfied in fact, or otherwise than
upon an execution on demand of the judgment obligor, the evidence of a right as between the parties and their
judgment obligee or his counsel must execute and successors in interest by a subsequent title.
acknowledge, or indorse an admission of the satisfaction as
provided in the last preceding section, and after notice and In either case, the judgment or final order may be repelled by
upon motion the court may order either the judgment evidence of a want of jurisdiction, want of notice to the party,
obligee or his counsel to do so, or may order the entry of collusion, fraud, or clear mistake of law or fact. (50a)
satisfaction to be made without such admission. (47a) Appeals
Section 46. When principal bound by judgment against RULE 40
surety. When a judgment is rendered against a party who
stands as surety for another, the latter is also bound from the Appeal From Municipal Trial Courts to the Regional Trial
time that he has notice of the action or proceeding, and an Courts
opportunity at the surety's request to join in the defense.
(48a) Section 1. Where to appeal. An appeal from a judgment or
final order of a Municipal Trial Court may be taken to the
Section 47. Effect of judgments or final orders. The effect Regional Trial Court exercising jurisdiction over the area to
of a judgment or final order rendered by a court of the which the former pertains. The title of the case shall remain
Philippines, having jurisdiction to pronounce the judgment or as it was in the court of origin, but the party appealing the
final order, may be as follows: case shall be further referred to as the appellant and the
adverse party as the appellee. (a)
(a) In case of a judgment or final order against a
specific thing, or in respect to the probate of a will, Section 2. When to appeal. An appeal may be taken within
or the administration of the estate of a deceased fifteen (15) days after notice to the appellant of the judgment
person, or in respect to the personal, political, or or final order appealed from. Where a record on appeal is
legal condition or status of a particular person or his required, the appellant shall file a notice of appeal and a
relationship to another, the judgment or final order record on appeal within thirty (30) days after notice of the
is conclusive upon the title to the thing, the will or judgment or final order.
administration or the condition, status or
relationship of the person, however, the probate of a The period of appeal shall be interrupted by a timely motion
will or granting of letters of administration shall only for new trial or reconsideration. No motion for extension of
be prima facie evidence of the death of the testator time to file a motion for new trial or reconsideration shall be
or intestate; allowed. (n)

(b) In other cases, the judgment or final order is, Section 3. How to appeal. The appeal is taken by filing a
with respect to the matter directly adjudged or as to notice of appeal with the court that rendered the judgment
any other matter that could have been missed in or final order appealed from. The notice of appeal shall
relation thereto, conclusive between the parties and indicate the parties to the appeal, the judgment or final order
their successors in interest, by title subsequent to or part thereof appealed from, and state the material dates
the commencement of the action or special showing the timeliness of the appeal.
proceeding, litigating for the same thing and under A record on appeal shall be required only in special
the same title and in the same capacity; and proceedings and in other cases of multiple or separate
(c) In any other litigation between the same parties appeals.
or their successors in interest, that only is deemed to The form and contents of the record on appeal shall be as
have been adjudged in a former judgment or final provided in section 6, Rule 41.
order which appears upon its face to have been so
adjudged, or which was actually and necessarily Copies of the notice of appeal, and the record on appeal
included therein or necessary thereto. (49a) where required, shall be served on the adverse party. (n)

Section 48. Effect of foreign judgments or final orders. The Section 4. Perfection of appeal; effect thereof. The
effect of a judgment or final order of a tribunal of a foreign perfection of the appeal and the effect thereof shall be
country, having jurisdiction to render the judgment or final governed by the provisions of section 9, Rule 41. (n)
order is as follows:
Section 5. Appellate court docket and other lawful fees.
(a) In case of a judgment or final order upon a Within the period for taking an appeal, the appellant shall pay
specific thing, the judgment or final order, is to the clerk of the court which rendered the judgment or final
conclusive upon the title to the thing, and order appealed from the full amount of the appellate court
docket and other lawful fees. Proof of payment thereof shall
(b) In case of a judgment or final order against a be transmitted to the appellate court together with the
person, the judgment or final order is presumptive original record or the record on appeal, as the case may be.
(n)
Section 6. Duty of the clerk of court. Within fifteen (15) RULE 41
days from the perfection of the appeal, the clerk of court or
the branch clerk of court of the lower court shall transmit the Appeal From The Regional Trial Courts
original record or the record on appeal, together with the Section 1. Subject of appeal. An appeal may be taken from
transcripts and exhibits, which he shall certify as complete, to a judgment or final order that completely disposes of the
the proper Regional Trial Court. A copy of his letter of case, or of a particular matter therein when declared by these
transmittal of the records to the appellate court shall be Rules to be appealable.
furnished the parties. (n)
No appeal may be taken from:
Section 7. Procedure in the Regional Trial Court.
(a) An order denying a motion for new trial or
(a) Upon receipt of the complete record or the reconsideration;
record on appeal, the clerk of court of the Regional
Trial Court shall notify the parties of such fact. (b) An order denying a petition for relief or any
similar motion seeking relief from judgment;
(b) Within fifteen (15) days from such notice, it shall
be the duty of the appellant to submit a (c) An interlocutory order;
memorandum which shall briefly discuss the errors
imputed to the lower court, a copy of which shall be (d) An order disallowing or dismissing an appeal;
furnished by him to the adverse party. Within fifteen (e) An order denying a motion to set aside a
(15) days from receipt of the appellant's judgment by consent, confession or compromise on
memorandum, the appellee may file his the ground of fraud, mistake or duress, or any other
memorandum. Failure of the appellant to file a ground vitiating consent;
memorandum shall be a ground for dismissal of the
appeal. (f) An order of execution;

(c) Upon the filing of the memorandum of the (g) A judgment or final order for or against one or
appellee, or the expiration of the period to do so, more of several parties or in separate claims,
the case shall be considered submitted for decision. counterclaims, cross-claims and third-party
The Regional Trial Court shall decide the case on the complaints, while the main case is pending, unless
basis of the entire record of the proceedings had in the court allows an appeal therefrom; and
the court of original and such memoranda as are
(h) An order dismissing an action without prejudice.
filed. (n)
In all the above instances where the judgment or final order is
Section 8. Appeal from orders dismissing case without
not appealable, the aggrieved party may file an appropriate
trial; lack of jurisdiction. If an appeal is taken from an order
special civil action under Rule 65. (n)
of the lower court dismissing the case without a trial on the
merits, the Regional Trial Court may affirm or reverse it, as Section 2. Modes of appeal.
the case may be. In case of affirmance and the ground of
dismissal is lack of jurisdiction over the subject matter, the (a) Ordinary appeal. The appeal to the Court of
Regional Trial Court, if it has jurisdiction thereover, shall try Appeals in cases decided by the Regional Trial Court
the case on the merits as if the case was originally filed with in the exercise of its original jurisdiction shall be
it. In case of reversal, the case shall be remanded for further taken by filing a notice of appeal with the court
proceedings. which rendered the judgment or final order
appealed from and serving a copy thereof upon the
If the case was tried on the merits by the lower court without adverse party. No record on appeal shall be required
jurisdiction over the subject matter, the Regional Trial Court except in special proceedings and other cases of
on appeal shall not dismiss the case if it has original multiple or separate appeals where law on these
jurisdiction thereof, but shall decide the case in accordance Rules so require. In such cases, the record on appeal
with the preceding section, without prejudice to the shall be filed and served in like manner.
admission of amended pleadings and additional evidence in
the interest of justice. (n) (b) Petition for review. The appeal to the Court of
Appeals in cases decided by the Regional Trial Court
Section 9. Applicability of Rule 41. The other provisions of in the exercise of its appellate jurisdiction shall be by
Rule 41 shall apply to appeals provided for herein insofar as petition for review in accordance with Rule 42.
they are not inconsistent with or may serve to supplement
the provisions of this Rule. (n) (c) Appeal by certiorari. In all cases where only
questions of law are raised or involved, the appeal
shall be to the Supreme Court by petition for review
on certiorari in accordance with the Rule 45. (n)
Section 3. Period of ordinary appeal. The appeal shall be days from receipt thereof, shall redraft the record by
taken within fifteen (15) days from notice of the judgment or including therein, in their proper chronological sequence,
final order appealed from. Where a record on appeal is such additional matters as the court may have directed him
required, the appellant shall file a notice of appeal and a to incorporate, and shall thereupon submit the redrafted
record on appeal within thirty (30) days from notice of the record for approval, upon notice to the appellee, in like
judgment or final order. manner as the original draft. (7a)

The period of appeal shall be interrupted by a timely motion Section 8. Joint record on appeal. Where both parties are
for new trial or reconsideration. No motion for extension of appellants, they may file a joint record on appeal within the
time to file a motion for new trial or reconsideration shall be time fixed by section 3 of this Rule, or that fixed by the court.
allowed. (n) (8a)

Section 4. Appellate court docket and other lawful fees. Section 9. Perfection of appeal; effect thereof. A party's
Within the period for taking an appeal, the appellant shall pay appeal by notice of appeal is deemed perfected as to him
to the clerk of the court which rendered the judgment or final upon the filing of the notice of appeal in due time.
order appealed from, the full amount of the appellate court
docket and other lawful fees. Proof of payment of said fees A party's appeal by record on appeal is deemed perfected as
shall be transmitted to the appellate court together with the to him with respect to the subject matter thereof upon the
original record or the record on appeal. (n) approval of the record on appeal filed in due time.

Section 5. Notice of appeal. The notice of appeal shall In appeals by notice of appeal, the court loses jurisdiction
indicate the parties to the appeal, specify the judgment or over the case upon the perfection of the appeals filed in due
final order or part thereof appealed from, specify the court to time and the expiration of the time to appeal of the other
which the appeal is being taken, and state the material dates parties.
showing the timeliness of the appeal. (4a) In appeals by record on appeal, the court loses jurisdiction
Section 6. Record on appeal; form and contents thereof. only over the subject matter thereof upon the approval of the
The full names of all the parties to the proceedings shall be records on appeal filed in due time and the expiration of the
stated in the caption of the record on appeal and it shall appeal of the other parties.
include the judgment or final order from which the appeal is In either case, prior to the transmittal of the original record or
taken and, in chronological order, copies of only such the record on appeal, the court may issue orders for the
pleadings, petitions, motions and all interlocutory orders as protection and preservation of the rights of the parties which
are related to the appealed judgment or final order for the do not involve any matter litigated by the appeal, approve
proper understanding of the issue involved, together with compromises, permit appeals of indigent litigants, order
such data as will show that the appeal was perfected on time. execution pending appeal in accordance with 2 of Rule 39,
If an issue of fact is to be raised on appeal, the record on and allow withdrawal of the appeal. (9a)
appeal shall include by reference all the evidence, testimonial
and documentary, taken upon the issue involved. The Section 10. Duty of clerk of court of the lower court upon
reference shall specify the documentary evidence by the perfection of appeal. Within thirty (30) days after
exhibit numbers or letters by which it was identified when perfection of all the appeals in accordance with the preceding
admitted or offered at the hearing, and the testimonial section, it shall be the duty of the clerk of court of the lower
evidence by the names of the corresponding witnesses. If the court:
whole testimonial and documentary evidence in the case is to
be included, a statement to that effect will be sufficient (a) To verify the correctness of the original record or
without mentioning the names of the witnesses or the the record on appeal, as the case may be aid to
numbers or letters of exhibits. Every record on appeal make certification of its correctness;
exceeding twenty (20) pages must contain a subject index. (b) To verify the completeness of the records that
(6a) will be, transmitted to the appellate court;
Section 7. Approval of record on appeal. Upon the filing of (c) If found to be incomplete, to take such measures
the record on appeal for approval and if no objection is filed as may be required to complete the records, availing
by the appellee within five (5) days from receipt of a copy of the authority that he or the court may exercise for
thereof, the trial court may approve it as presented or upon this purpose; and
its own motion or at the instance of the appellee, may direct
its amendment by the inclusion of any omitted matters which (d) To transmit the records to the appellate court.
are deemed essential to the determination of the issue of law
If the efforts to complete the records fail, he shall indicate in
or fact involved in the appeal. If the trial court orders the
his letter of transmittal the exhibits or transcripts not
amendment of the record, the appellant, within the time
included in the records being transmitted to the appellate
limited in the order, or such extension thereof as may be
granted, or if no time is fixed by the order within ten (10) court, the reasons for their non-transmittal, and the steps
taken or that could be taken to have them available.
The clerk of court shall furnish the parties with copies of his Section 2. Form and contents. The petition shall be filed in
letter of transmittal of the records to the appellate court. seven (7) legible copies, with the original copy intended for
(10a) the court being indicated as such by the petitioner, and shall
(a) state the full names of the parties to the case, without
Section 11. Transcript. Upon the perfection of the appeal, impleading the lower courts or judges thereof either as
the clerk shall immediately direct the stenographers petitioners or respondents; (b) indicate the specific material
concerned to attach to the record of the case five (5) copies dates showing that it was filed on time; (c) set forth concisely
of the transcripts of the testimonial evidence referred to in a statement of the matters involved, the issues raised, the
the record on appeal. The stenographers concerned shall specification of errors of fact or law, or both, allegedly
transcribe such testimonial evidence and shall prepare and committed by the Regional Trial Court, and the reasons or
affix to their transcripts an index containing the names of the arguments relied upon for the allowance of the appeal; (d) be
witnesses and the pages wherein their testimonies are found, accompanied by clearly legible duplicate originals or true
and a list of the exhibits and the pages wherein each of them copies of the judgments or final orders of both lower courts,
appears to have been offered and admitted or rejected by the certified correct by the clerk of court of the Regional Trial
trial court. The transcripts shall be transmitted to the clerk of Court, the requisite number of plain copies thereof and of the
the trial court who shall thereupon arrange the same in the pleadings and other material portions of the record as would
order in which the witnesses testified at the trial, and shall support the allegations of the petition.
cause the pages to be numbered consecutively. (12a)
The petitioner shall also submit together with the petition a
Section 12. Transmittal. The clerk of the trial court shall certification under oath that he has not theretofore
transmit to the appellate court the original record or the commenced any other action involving the same issues in the
approved record on appeal within thirty (30) days from the Supreme Court, the Court of Appeals or different divisions
perfection of the appeal, together with the proof of payment thereof, or any other tribunal or agency; if there is such other
of the appellate court docket and other lawful fees, a certified action or proceeding, he must state the status of the same;
true copy of the minutes of the proceedings, the order of and if he should thereafter learn that a similar action or
approval, the certificate of correctness, the original proceeding has been filed or is pending before the Supreme
documentary evidence referred to therein, and the original Court, the Court of Appeals, or different divisions thereof, or
and three (3) copies of the transcripts. Copies of the any other tribunal or agency, he undertakes to promptly
transcripts and certified true copies of the documentary inform the aforesaid courts and other tribunal or agency
evidence shall remain in the lower court for the examination thereof within five (5) days therefrom. (n)
of the parties. (11a)
Section 3. Effect of failure to comply with requirements.
Section 13. Dismissal of appeal. Prior to the transmittal of The failure of the petitioner to comply with any of the
the original record or the record on appeal to the appellate foregoing requirements regarding the payment of the docket
court, the trial court may motu propio or on motion dismiss and other lawful fees, the deposit for costs, proof of service
the appeal for having been taken out of time. (14a) of the petition, and the contents of and the documents which
RULE 42 should accompany the petition shall be sufficient ground for
the dismissal thereof. (n)
Petition for Review From the Regional Trial Courts to the
Court of Appeals Section 4. Action on the petition. The Court of Appeals may
require the respondent to file a comment on the petition, not
Section 1. How appeal taken; time for filing. A party a motion to dismiss, within ten (10) days from notice, or
desiring to appeal from a decision of the Regional Trial Court dismiss the petition if it finds the same to be patently without
rendered in the exercise of its appellate jurisdiction may file a merit, prosecuted manifestly for delay, or that the questions
verified petition for review with the Court of Appeals, paying raised therein are too insubstantial to require consideration.
at the same time to the clerk of said court the corresponding (n)
docket and other lawful fees, depositing the amount of
P500.00 for costs, and furnishing the Regional Trial Court and Section 5. Contents of comment. The comment of the
the adverse party with a copy of the petition. The petition respondent shall be filed in seven (7) legible copies,
shall be filed and served within fifteen (15) days from notice accompanied by certified true copies of such material
of the decision sought to be reviewed or of the denial of portions of the record referred to therein together with other
petitioner's motion for new trial or reconsideration filed in supporting papers and shall (a) state whether or not he
due time after judgment. Upon proper motion and the accepts the statement of matters involved in the petition; (b)
payment of the full amount of the docket and other lawful point out such insufficiencies or inaccuracies as he believes
fees and the deposit for costs before the expiration of the exist in petitioner's statement of matters involved but
reglementary period, the Court of Appeals may grant an without repetition; and (c) state the reasons why the petition
additional period of fifteen (15) days only within which to file should not be given due course. A copy thereof shall be
the petition for review. No further extension shall be granted served on the petitioner. (a)
except for the most compelling reason and in no case to
exceed fifteen (15) days. (n)
Section 6. Due course. If upon the filing of the comment or Act No. 6657, Government Service Insurance System,
such other pleadings as the court may allow or require, or Employees Compensation Commission, Agricultural Invention
after the expiration of the period for the filing thereof Board, Insurance Commission, Philippine Atomic Energy
without such comment or pleading having been submitted, Commission, Board of Investments, Construction Industry
the Court of Appeals finds prima facie that the lower court Arbitration Commission, and voluntary arbitrators authorized
has committed an error of fact or law that will warrant a by law. (n)
reversal or modification of the appealed decision, it may
accordingly give due course to the petition. (n) Section 2. Cases not covered. This Rule shall not apply to
judgments or final orders issued under the Labor Code of the
Section 7. Elevation of record. Whenever the Court of Philippines. (n)
Appeals deems it necessary, it may order the clerk of court of
the Regional Trial Court to elevate the original record of the Section 3. Where to appeal. An appeal under this Rule may
case including the oral and documentary evidence within be taken to the Court of Appeals within the period and in the
fifteen (15) days from notice. (n) manner herein provided, whether the appeal involves
questions of fact, of law, or mixed questions of fact and law.
Section 8. Perfection of appeal; effect thereof. (a) Upon the (n)
timely filing of a petition for review and the payment of the
corresponding docket and other lawful fees, the appeal is Section 4. Period of appeal. The appeal shall be taken
deemed perfected as to the petitioner. within fifteen (15) days from notice of the award, judgment,
final order or resolution, or from the date of its last
The Regional Trial Court loses jurisdiction over the case upon publication, if publication is required by law for its effectivity,
the perfection of the appeals filed in due time and the or of the denial of petitioner's motion for new trial or
expiration of the time to appeal of the other parties. reconsideration duly filed in accordance with the governing
law of the court or agency a quo. Only one (1) motion for
However, before the Court of Appeals gives due course to the reconsideration shall be allowed. Upon proper motion and
petition, the Regional Trial Court may issue orders for the the payment of the full amount of the docket fee before the
protection and preservation of the rights of the parties which expiration of the reglementary period, the Court of Appeals
do not involve any matter litigated by the appeal, approve may grant an additional period of fifteen (15) days only within
compromises, permit appeals of indigent litigants, order which to file the petition for review. No further extension
execution pending appeal in accordance with section 2 of shall be granted except for the most compelling reason and in
Rule 39, and allow withdrawal of the appeal. (9a, R41) no case to exceed fifteen (15) days. (n)
(b) Except in civil cases decided under the Rule on Summary Section 5. How appeal taken. Appeal shall be taken by
Procedure, the appeal shall stay the judgment or final order filing a verified petition for review in seven (7) legible copies
unless the Court of Appeals, the law, or these Rules shall with the Court of Appeals, with proof of service of a copy
provide otherwise. (a) thereof on the adverse party and on the court or agency a
Section 9. Submission for decision. If the petition is given quo. The original copy of the petition intended for the Court
due course, the Court of Appeals may set the case for oral of Appeals shall be indicated as such by the petitioner.
argument or require the parties to submit memoranda within Upon the filing of the petition, the petitioner shall pay to the
a period of fifteen (15) days from notice. The case shall be clerk of court of the Court of Appeals the docketing and other
deemed submitted for decision upon the filing of the last lawful fees and deposit the sum of P500.00 for costs.
pleading or memorandum required by these Rules or by the Exemption from payment of docketing and other lawful fees
court itself. (n) and the deposit for costs may be granted by the Court of
RULE 43 Appeals upon a verified motion setting forth valid grounds
therefor. If the Court of Appeals denies the motion, the
Appeals From the Court of Tax Appeals and Quasi-Judicial petitioner shall pay the docketing and other lawful fees and
Agencies to the Court of Appeals deposit for costs within fifteen (15) days from notice of the
denial. (n)
Section 1. Scope. This Rule shall apply to appeals from
judgments or final orders of the Court of Tax Appeals and Section 6. Contents of the petition. The petition for review
from awards, judgments, final orders or resolutions of or shall (a) state the full names of the parties to the case,
authorized by any quasi-judicial agency in the exercise of its without impleading the court or agencies either as petitioners
quasi-judicial functions. Among these agencies are the Civil or respondents; (b) contain a concise statement of the facts
Service Commission, Central Board of Assessment Appeals, and issues involved and the grounds relied upon for the
Securities and Exchange Commission, Office of the President, review; (c) be accompanied by a clearly legible duplicate
Land Registration Authority, Social Security Commission, Civil original or a certified true copy of the award, judgment, final
Aeronautics Board, Bureau of Patents, Trademarks and order or resolution appealed from, together with certified
Technology Transfer, National Electrification Administration, true copies of such material portions of the record referred to
Energy Regulatory Board, National Telecommunications therein and other supporting papers; and (d) contain a sworn
Commission, Department of Agrarian Reform under Republic certification against forum shopping as provided in the last
paragraph of section 2, Rule 42. The petition shall state the argument or require the parties to submit memoranda within
specific material dates showing that it was filed within the a period of fifteen (15) days from notice. The case shall be
period fixed herein. (2a) deemed submitted for decision upon the filing of the last
pleading or memorandum required by these Rules or by the
Section 7. Effect of failure to comply with requirements. court of Appeals. (n)
The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the docket Procedure in the Court of Appeals
and other lawful fees, the deposit for costs, proof of service
of the petition, and the contents of and the documents which RULE 44
should accompany the petition shall be sufficient ground for Ordinary Appealed Cases
the dismissal thereof. (n)
Section 1. Title of cases. In all cases appealed to the Court
Section 8. Action on the petition. The Court of Appeals may of Appeals under Rule 41, the title of the case shall remain as
require the respondent to file a comment on the petition not it was in the court of origin, but the party appealing the case
a motion to dismiss, within ten (10) days from notice, or shall be further referred to as the appellant and the adverse
dismiss the petition if it finds the same to be patently without party as the appellee. (1a, R46)
merit, prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require consideration. Section 2. Counsel and guardians. The counsel and
(6a) guardians ad litem of the parties in the court of origin shall be
respectively considered as their counsel and guardians ad
Section 9. Contents of comment. The comment shall be litem in the Court of Appeals. When others appear or are
filed within ten (10) days from notice in seven (7) legible appointed, notice thereof shall be served immediately on the
copies and accompanied by clearly legible certified true adverse party and filed with the court. (2a, R46)
copies of such material portions of the record referred to
therein together with other supporting papers. The comment Section 3. Order of transmittal of record. If the original
shall (a) point out insufficiencies or inaccuracies in record or the record on appeal is not transmitted to the Court
petitioner's statement of facts and issues; and (b) state the of Appeals within thirty (30) days after the perfection of the
reasons why the petition should be denied or dismissed. A appeal, either party may file a motion with the trial court,
copy thereof shall be served on the petitioner, and proof of with notice to the other, for the transmittal of such record or
such service shall be filed with the Court of Appeals. (9a) record on appeal. (3a, R46)

Section 10. Due course. If upon the filing of the comment Section 4. Docketing of case. Upon receiving the original
or such other pleadings or documents as may be required or record or the record on appeal and the accompanying
allowed by the Court of Appeals or upon the expiration of the documents and exhibits transmitted by the lower court, as
period for the filing thereof, and on the records the Court of well as the proof of payment of the docket and other lawful
Appeals finds prima facie that the court or agency concerned fees, the clerk of court of the Court of Appeals shall docket
has committed errors of fact or law that would warrant the case and notify the parties thereof. (4a, R46)
reversal or modification of the award, judgment, final order
or resolution sought to be reviewed, it may give due course Within ten (10) days from receipt of said notice, the
to the petition; otherwise, it shall dismiss the same. The appellant, in appeals by record on appeal, shall file with the
findings of fact of the court or agency concerned, when clerk of court seven (7) clearly legible copies of the approved
supported by substantial evidence, shall be binding on the record on appeal, together with the proof of service of two
Court of Appeals. (n) (2) copies thereof upon the appellee.

Section 11. Transmittal of record. Within fifteen (15) days Any unauthorized alteration, omission or addition in the
from notice that the petition has been given due course, the approved record on appeal shall be a ground for dismissal of
Court of Appeals may require the court or agency concerned the appeal. (n)
to transmit the original or a legible certified true copy of the Section 5. Completion of record. Where the record of the
entire record of the proceeding under review. The record to docketed case is incomplete, the clerk of court of the Court of
be transmitted may be abridged by agreement of all parties Appeals shall so inform said court and recommend to it
to the proceeding. The Court of Appeals may require or measures necessary to complete the record. It shall be the
permit subsequent correction of or addition to the record. duty of said court to take appropriate action towards the
(8a) completion of the record within the shortest possible time.
Section 12. Effect of appeal. The appeal shall not stay the (n)
award, judgment, final order or resolution sought to be Section 6. Dispensing with complete record. Where the
reviewed unless the Court of Appeals shall direct otherwise completion of the record could not be accomplished within a
upon such terms as it may deem just. (10a) sufficient period allotted for said purpose due to insuperable
Section 13. Submission for decision. If the petition is given or extremely difficult causes, the court, on its own motion or
due course, the Court of Appeals may set the case for oral on motion of any of the parties, may declare that the record
and its accompanying transcripts and exhibits so far available concisely stated without repetition and numbered
are sufficient to decide the issues raised in the appeal, and consecutively;
shall issue an order explaining the reasons for such
declaration. (n) (c) Under the heading "Statement of the Case," a
clear and concise statement of the nature of the
Section 7. Appellant's brief. It shall be the duty of the action, a summary of the proceedings, the appealed
appellant to file with the court, within forty-five (45) days rulings and orders of the court, the nature of the
from receipt of the notice of the clerk that all the evidence, judgment and any other matters necessary to an
oral and documentary, are attached to the record, seven (7) understanding of the nature of the controversy with
copies of his legibly typewritten, mimeographed or printed page references to the record;
brief, with proof of service of two (2) copies thereof upon the
appellee. (10a, R46) (d) Under the heading "Statement of Facts," a clear
and concise statement in a narrative form of the
Section 8. Appellee's brief. Within forty-five (45) days from facts admitted by both parties and of those in
receipt of the appellant's brief, the appellee shall file with the controversy, together with the substance of the
court seven (7) copies of his legibly typewritten, proof relating thereto in sufficient detail to make it
mimeographed or printed brief, with proof of service of two clearly intelligible, with page references to the
(2) copies thereof upon the appellant. (11a, R46) record;

Section 9. Appellant's reply brief. Within twenty (20) days (e) A clear and concise statement of the issues of
from receipt of the appellee's brief, the appellant may file a fact or law to be submitted, to the court for its
reply brief answering points in the appellee's brief not judgment;
covered in his main brief. (12a, R46)
(f) Under the heading "Argument," the appellant's
Section 10. Time of filing memoranda in special cases. arguments on each assignment of error with page
In certiorari, prohibition, mandamus, quo references to the record. The authorities relied upon
warranto and habeas corpus cases, the parties shall file in lieu shall be cited by the page of the report at which the
of briefs, their respective memoranda within a non- case begins and the page of the report on which the
extendible period of thirty (30) days from receipt of the citation is found;
notice issued by the clerk that all the evidence, oral and
documentary, is already attached to the record. (13a, R46) (g) Under the heading "Relief," a specification of the
order or judgment which the appellant seeks; and
The failure of the appellant to file his memorandum within
the period therefor may be a ground for dismissal of the (h) In cases not brought up by record on appeal, the
appeal. (n) appellant's brief shall contain, as an appendix, a copy
of the judgment or final order appealed from. (16a,
Section 11. Several appellants or appellees or several counsel R46)
for each party. Where there are several appellants or
appellees, each counsel representing one or more but not all Section 14. Contents of appellee's brief. The appellee's
of them shall be served with only one copy of the briefs. brief shall contain, in the order herein indicated the following:
When several counsel represent one appellant or appellee, (a) A subject index of the matter in the brief with a
copies of the brief may be served upon any of them. (14a, digest of the arguments and page references, and a
R46) table of cases alphabetically arranged, textbooks and
Section 12. Extension of time for filing briefs. Extension of statutes cited with references to the pages where
time for the filing of briefs will not be allowed, except for they are cited;
good and sufficient cause, and only if the motion for (b) Under the heading "Statement of Facts," the
extension is filed before the expiration of the time sought to appellee shall state that he accepts the statement of
be extended. (15, R46) facts in the appellant's brief, or under the heading
Section 13. Contents of appellant's brief. The appellant's "Counter-Statement of Facts," he shall point out
brief shall contain, in the order herein indicated, the such insufficiencies or inaccuracies as he believes
following: exist in the appellant's statement of facts with
references to the pages of the record in support
(a) A subject index of the matter in the brief with a thereof, but without repetition of matters in the
digest of the arguments and page references, and a appellant's statement of facts; and
table of cases alphabetically arranged, textbooks and
statutes cited with references to the pages where (c) Under the heading "Argument," the appellee shall
they are cited; set forth his arguments in the case on each
assignment of error with page references to the
(b) An assignment of errors intended to be urged, record. The authorities relied on shall be cited by the
which errors shall be separately, distinctly and page of the report at which the case begins and the
page of the report on which the citation is found. shopping as provided in the last paragraph of section 2, Rule
(17a, R46) 42. (2a)

Section 15. Questions that may be raised on appeal. Section 5. Dismissal or denial of petition. The failure of the
Whether or not the appellant has filed a motion for new trial petitioner to comply with any of the foregoing requirements
in the court below he may include in his assignment of errors regarding the payment of the docket and other lawful fees,
any question of law or fact that has been raised in the court deposit for costs, proof of service of the petition, and the
below and which is within the issues framed by the parties. contents of and the documents which should accompany the
(18, R46) petition shall be sufficient ground for the dismissal thereof.

RULE 45 The Supreme Court may on its own initiative deny the
petition on the ground that the appeal is without merit, or is
Appeal by Certiorari to the Supreme Court prosecuted manifestly for delay, or that the questions raised
Section 1. Filing of petition with Supreme Court. A party therein are too unsubstantial to require consideration. (3a)
desiring to appeal by certiorari from a judgment or final order Section 6. Review discretionary. A review is not a matter of
or resolution of the Court of Appeals, the Sandiganbayan, the right, but of sound judicial discretion, and will be granted only
Regional Trial Court or other courts whenever authorized by when there are special and important reasons thereof. The
law, may file with the Supreme Court a verified petition for following, while neither controlling nor fully measuring the
review on certiorari. The petition shall raise only questions of court's discretion, indicate the character of the reasons which
law which must be distinctly set forth. (1a, 2a) will be considered:
Section 2. Time for filing; extension. The petition shall be (a) When the court a quo has decided a question of
filed within fifteen (15) days from notice of the judgment or substance, not theretofore determined by the
final order or resolution appealed from, or of the denial of Supreme Court, or has decided it in a way probably
the petitioner's motion for new trial or reconsideration filed not in accord with law or with the applicable
in due time after notice of the judgment. On motion duly filed decisions of the Supreme Court; or
and served, with full payment of the docket and other lawful
fees and the deposit for costs before the expiration of the (b) When the court a quo has so far departed from
reglementary period, the Supreme Court may for justifiable the accepted and usual course of judicial
reasons grant an extension of thirty (30) days only within proceedings, or so far sanctioned such departure by
which to file the petition. (1a, 5a) a lower court, as to call for an exercise of the power
of supervision. (4a)
Section 3. Docket and other lawful fees; proof of service of
petition. Unless he has theretofore done so, the petitioner Section 7. Pleadings and documents that may be
shall pay the corresponding docket and other lawful fees to required; sanctions. For purposes of determining whether
the clerk of court of the Supreme Court and deposit the the petition should be dismissed or denied pursuant to
amount of P500.00 for costs at the time of the filing of the section 5 of this Rule, or where the petition is given due
petition. Proof of service of a copy, thereof on the lower course under section 8 hereof, the Supreme Court may
court concerned and on the adverse party shall be submitted require or allow the filing of such pleadings, briefs,
together with the petition. (1a) memoranda or documents as it may deem necessary within
such periods and under such conditions as it may consider
Section 4. Contents of petition. The petition shall be filed in appropriate, and impose the corresponding sanctions in case
eighteen (18) copies, with the original copy intended for the of non-filing or unauthorized filing of such pleadings and
court being indicated as such by the petitioner and shall (a) documents or non-compliance with the conditions therefor.
state the full name of the appealing party as the petitioner (n)
and the adverse party as respondent, without impleading the
lower courts or judges thereof either as petitioners or Section 8. Due course; elevation of records. If the petition
respondents; (b) indicate the material dates showing when is given due course, the Supreme Court may require the
notice of the judgment or final order or resolution subject elevation of the complete record of the case or specified
thereof was received, when a motion for new trial or parts thereof within fifteen (15) days from notice. (2a)
reconsideration, if any, was filed and when notice of the
denial thereof was received; (c) set forth concisely a Section 9. Rule applicable to both civil and criminal cases.
statement of the matters involved, and the reasons or The mode of appeal prescribed in this Rule shall be applicable
arguments relied on for the allowance of the petition; (d) be to both civil and criminal cases, except in criminal cases
accompanied by a clearly legible duplicate original, or a where the penalty imposed is death, reclusion perpetua or life
certified true copy of the judgment or final order or imprisonment. (n)
resolution certified by the clerk of court of the court a
quo and the requisite number of plain copies thereof, and
such material portions of the record as would support the
petition; and (e) contain a sworn certification against forum
RULE 46 The petitioner shall pay the corresponding docket and other
lawful fees to the clerk of court and deposit the amount of
Original Cases P500.00 for costs at the time of the filing of the petition.
Section 1. Title of cases. In all cases originally filed in the The failure of the petitioner to comply any of the
Court of Appeals, the party instituting the action shall be requirements shall be sufficient ground for the dismissal of
called the petitioner and the opposing party the respondent. the petition. (n; Bar Matter No. 803, 21 July 1998)
(1a)
Section 4. Jurisdiction over person of respondent, how
Section 2. To what actions applicable. This Rule shall apply acquired. The court shall acquire jurisdiction over the
to original actions for certiorari, prohibition, mandamus person of the respondent by the service on him of its order or
and quo warranto. resolution indicating its initial action on the petition or by his
Except as otherwise provided, the actions for annulment of voluntary submission to such jurisdiction. (n)
judgment shall be governed by Rule 47, for certiorari, Section 5. Action by the court. The court may dismiss the
prohibition and mandamus by Rule 65, and for quo petition outright with specific reasons for such dismissal or
warranto by Rule 66. (n) require the respondent to file a comment on the same within
Section 3. Contents and filing of petition; effect of ten (10) days from notice. Only pleadings required by the
noncompliance with requirements. The petition shall court shall be allowed. All other pleadings and papers, may be
contain the full names and actual addresses of all the filed only with leave of court. (n)
petitioners and respondents, a concise statement of the Section 6. Determination of factual issues. Whenever
matters involved, the factual background of the case, and the necessary to resolve factual issues, the court itself may
grounds relied upon for the relief prayed for. conduct hearings thereon or delegate the reception of the
In actions filed under Rule 65, the petition shall further evidence on such issue to any of its members or to an
indicate the material dates showing when notice of the appropriate court, agency or office. (n)
judgment or final order or resolution subject thereof was Section 7. Effect of failure to file comment. When no
received, when a motion for new trial or reconsideration, if comment is filed by any of the respondents, the case may be
any, was filed and when notice of the denial thereof was decided on the basis of the record, without prejudice to any
received. disciplinary action which the court may take against the
It shall be filed in seven (7) clearly legible copies together disobedient party. (n)
with proof of service thereof on the respondent with the RULE 47
original copy intended for the court indicated as such by the
petitioner, and shall be accompanied by a clearly legible Annulment of Judgments of Final Orders and Resolutions
duplicate original or certified true copy of the judgment,
order, resolution, or ruling subject thereof, such material Section 1. Coverage. This Rule shall govern the annulment
portions of the record as are referred to therein, and other by the Court of Appeals of judgments or final orders and
documents relevant or pertinent thereto. The certification resolutions in civil actions of Regional Trial Courts for which
shall be accomplished by the proper clerk of court or by his the ordinary remedies of new trial, appeal, petition for relief
duly authorized representative, or by the proper officer of the or other appropriate remedies are no longer available
court, tribunal, agency or office involved or by his duly through no fault of the petitioner. (n)
authorized representative. The other requisite number of Section 2. Grounds for annulment. The annulment may be
copies of the petition shall be accompanied by clearly legible based only on the grounds of extrinsic fraud and lack of
plain copies of all documents attached to the original. jurisdiction.
The petitioner shall also submit together with the petition a Extrinsic fraud shall not be a valid ground if it was availed of,
sworn certification that he has not theretofore commenced or could have been availed of, in a motion for new trial or
any other action involving the same issues in the Supreme petition for relief. (n)
Court, the Court of Appeals or different divisions thereof, or
any other tribunal or agency; if there is such other action or Section 3. Period for filing action. If based on extrinsic
proceeding, he must state the status of the same; and if he fraud, the action must be filed within four (4) years from its
should thereafter learn that a similar action or proceeding has discovery; and if based on lack of jurisdiction, before it is
been filed or is pending before the Supreme Court, the Court barred by laches or estoppel. (n)
of Appeals, or different divisions thereof, or any other
tribunal or agency, he undertakes to promptly inform the Section 4. Filing and contents of petition. The action shall
aforesaid courts and other tribunal or agency thereof within be commenced by filing a verified petition alleging therein
five (5) days therefrom. with particularity the facts and the law relied upon for
annulment, as well as those supporting the petitioner's good
and substantial cause of action or defense, as the case may
be.
The petition shall be filed in seven (7) clearly legible copies, final order of a Municipal Trial Court shall be filed in the
together with sufficient copies corresponding to the number Regional Trial Court having jurisdiction over the former. It
of respondents. A certified true copy of the judgment or final shall be treated as an ordinary civil action and sections 2, 3, 4,
order or resolution shall be attached to the original copy of 7, 8 and 9 of this Rule shall be applicable thereto. (n)
the petition intended for the court and indicated as such by
the petitioner. RULE 48

The petitioner shall also submit together with the petition Preliminary Conference
affidavits of witnesses or documents supporting the cause of Section 1. Preliminary conference. At any time during the
action or defense and a sworn certification that he has not pendency of a case, the court may call the parties and their
theretofore commenced any other action involving the same counsel to a preliminary conference.
issues in the Supreme Court, the Court of Appeals or different
divisions thereof, or any other tribunal or agency if there is (a) To consider the possibility of an amicable
such other action or proceeding, he must state the status of settlement, except when the case is not allowed by
the same, and if he should thereafter learn that a similar law to be compromised
action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or different divisions (b) To define, simplify and clarify the issues for
thereof, or any other tribunal or agency, he undertakes to determination;
promptly inform the aforesaid courts and other tribunal or (c) To formulate stipulations of facts and admissions
agency thereof within five (5) days therefrom. (n) of documentary exhibits, limit the number of
Section 5. Action by the court. Should the court find no witnesses to be presented in cases falling within the
substantial merit in the petition, the same may be dismissed original jurisdiction of the court, or those within its
outright with specific reasons for such dismissal. appellate jurisdiction where a motion for new trial is
granted on the ground of newly discovered
Should prima facie merit be found in the petition, the same evidence; and
shall be given due course and summons shall be served on
the respondent. (n) (d) To take up such other matters which may aid the
court in the prompt disposition of the case. (Rule 7,
Section 6. Procedure. The procedure in ordinary civil cases CA Internal Rules) (n)
shall be observed. Should trial be necessary, the reception of
the evidence may be referred to a member of the court or a Section 2. Record of the conference. The proceedings at
judge of a Regional Trial Court. (n) such conference shall be recorded and, upon the conclusion
thereof, a resolution shall be issued embodying all the actions
Section 7. Effect of judgment. A judgment of annulment taken therein, the stipulations and admissions made and the
shall set aside the questioned judgment or final order or issues defined. (n)
resolution and render the same null and void, without
prejudice to the original action being refiled in the proper Section 3. Binding effect of the results of the conference.
court. However, where the judgment or final order or Subject to such modifications which may be made to prevent
resolution is set aside on the ground of extrinsic fraud, the manifest injustice, the resolution in the preceding section
court may on motion order the trial court to try the case as if shall control the subsequent proceedings in the case unless,
a timely motion for new trial had been granted therein. (n) within five (5) days from notice thereof, any party shall
satisfactorily show valid cause why the same should not be
Section 8. Suspension prescriptive period. The prescriptive followed. (n)
period for the refiling of the aforesaid original action shall be
deemed suspended from the filing of such original action until RULE 49
the finality of the judgment of annulment. However, the Oral Argument
prescriptive period shall not be suspended where the
extrinsic-fraud is attributable to the plaintiff in the original Section 1. When allowed. At its own instance or upon
action. (n) motion of a party, the court may hear the parties in oral
argument on the merits of a case, or on any material incident
Section 9. Relief available. The judgment of annulment in connection therewith. (n)
may include the award of damages, attorney's fees and other
relief. The oral argument shall be limited to such matters as the
court may specify in its order or resolution. (1a, R48)
If the questioned judgment or final order or resolution had
already been executed the court may issue such orders of Section 2. Conduct of oral argument. Unless authorized by
restitution or other relief as justice and equity may warrant the court, only one counsel may argue for a party. The
under the circumstances. (n) duration allowed for each party, the sequence of the
argumentation, and all other related matters shall be as
Section 10. Annulment of judgments or final orders of directed by the court. (n)
Municipal Trial Courts. An action to annul a judgment or
Section 3. No hearing or oral argument for motions. An appeal erroneously taken to the Court of Appeals shall not
Motions shall not be set for hearing and, unless the court be transferred to the appropriate court but shall be dismissed
otherwise directs, no hearing or oral argument shall be outright. (3a)
allowed in support thereof. The adverse party may file
objections to the motion within five (5) days from service, Section 3. Withdrawal of appeal. An appeal may be
upon the expiration of which such motion shall be deemed withdrawn as of right at any time before the filing of the
submitted for resolution. (29, R49) appellee's brief. Thereafter, the withdrawal may be allowed
in the discretion of the court. (4a)
RULE 50
RULE 51
Dismissal of Appeal
Judgment
Section 1. Grounds for dismissal of appeal. An appeal may
be dismissed by the Court of Appeals, on its own motion or Section 1. When case deemed submitted for judgment. A
on that of the appellee, on the following grounds: case shall be deemed submitted for judgment:

(a) Failure of the record on appeal to show on its A. In ordinary appeals.


face that the appeal was taken within the period 1) Where no hearing on the merits of the
fixed by these Rules; main case is held, upon the filing of the last
(b) Failure to file the notice of appeal or the record pleading, brief, or memorandum required
on appeal within the period prescribed by these by the Rules or by the court itself, or the
Rules; expiration of the period for its filing.

(c) Failure of the appellant to pay the docket and 2) Where such a hearing is held, upon its
other lawful fees as provided in section 5, Rule 40 termination or upon the filing of the last
and section 4 of Rule 41; (Bar Matter No. 803, 17 pleading or memorandum as may be
February 1998) required or permitted to be filed by the
court, or the expiration of the period for its
(d) Unauthorized alterations, omissions or additions filing.
in the approved record on appeal as provided in
section 4 of Rule 44; B. In original actions and petitions for review.

(e) Failure of the appellant to serve and file the 1) Where no comment is filed, upon the
required number of copies of his brief or expiration of the period to comment.
memorandum within the time provided by these 2) Where no hearing is held, upon the filing
Rules; of the last pleading required or permitted to
(f) Absence of specific assignment of errors in the be filed by the court, or the expiration of
appellant's brief, or of page references to the record the period for its filing.
as required in section 13, paragraphs (a), (c), (d) and 3) Where a hearing on the merits of the
(f) of Rule 44; main case is held, upon its termination or
(g) Failure of the appellant to take the necessary upon the filing of the last pleading or
steps for the correction or completion of the record memorandum as may be required or
within the time limited by the court in its order; permitted to be filed by the court, or the
expiration of the period for its filing. (n)
(h) Failure of the appellant to appear at the
preliminary conference under Rule 48 or to comply Section 2. By whom rendered. The judgment shall be
with orders, circulars, or directives of the court rendered by the members of the court who participated in
without justifiable cause; and the deliberation on the merits of the case before its
assignment to a member for the writing of the decision. (n)
(i) The fact that the order or judgment appealed
from is not appealable. (1a) Section 3. Quorum and voting in the court. The
participation of all three Justices of a division shall be
Section 2. Dismissal of improper appeal to the Court of necessary at the deliberation and the unanimous vote of the
Appeals. An appeal under Rule 41 taken from the Regional three Justices shall be required for the pronouncement of a
Trial Court to the Court of Appeals raising only questions of judgment or final resolution. If the three justices do not reach
law shall be dismissed, issues purely of law not being a unanimous vote, the clerk shall enter the votes of the
reviewable by said court. Similarly, an appeal by notice of dissenting Justices in the record. Thereafter, the Chairman of
appeal instead of by petition for review from the appellate the division shall refer the case, together with the minutes of
judgment of a Regional Trial Court shall be dismissed. (n) the deliberation, to the Presiding Justice who shall designate
two Justices chosen by raffle from among all the other
members of the court to sit temporarily with them, forming a its entry. The record shall contain the dispositive part of the
special division of five Justices. The participation of all the five judgment or final resolution and shall be signed by the clerk,
members of the special division shall be necessary for the with a certificate that such judgment or final resolution has
deliberation required in section 2 of this Rule and the become final and executory. (2a, R36)
concurrence of a majority of such division shall be required
for the pronouncement of a judgment or final resolution. (2a) Section 11. Execution of judgment. Except where the
judgment or final order or resolution, or a portion thereof, is
Section 4. Disposition of a case. The Court of Appeals, in ordered to be immediately executory, the motion for its
the exercise of its appellate jurisdiction, may affirm, reverse, execution may only be filed in the proper court after its entry.
or modify the judgment or final order appealed from, and
may direct a new trial or further proceedings to be had. (3a) In original actions in the Court of Appeals, its writ of
execution shall be accompanied by a certified true copy of
Section 5. Form of decision. Every decision or final the entry of judgment or final resolution and addressed to
resolution of the court in appealed cases shall clearly and any appropriate officer for its enforcement.
distinctly state the findings of fact and the conclusions of law
on which it is based, which may be contained in the decision In appealed cases, where the motion for execution pending
or final resolution itself, or adopted from those set forth in appeal is filed in the Court of Appeals at a time that it is in
the decision, order, or resolution appealed from. (Sec. 40, BP possession of the original record or the record on appeal, the
Blg. 129) (n) resolution granting such motion shall be transmitted to the
lower court from which the case originated, together with a
Section 6. Harmless error. No error in either the admission certified true copy of the judgment or final order to be
or the exclusion of evidence and no error or defect in any executed, with a directive for such court of origin to issue the
ruling or order or in anything done or omitted by the trial proper writ for its enforcement. (n)
court or by any of the parties is ground for granting a new
trial or for setting aside, modifying, or otherwise disturbing a RULE 52
judgment or order, unless refusal to take such action appears Motion for Reconsideration
to the court inconsistent with substantial justice. The court at
every stage of the proceeding must disregard any error or Section 1. Period for filing. A party may file a motion for
defect which does not affect the substantial rights of the reconsideration of a judgment or final resolution within
parties. (5a) fifteen (15) days from notice thereof, with proof of service on
the adverse party. (n)
Section 7. Judgment where there are several parties. In all
actions or proceedings, an appealed judgment may be Section 2. Second motion for reconsideration. No second
affirmed as to some of the appellants, and reversed as to motion for reconsideration of a judgment or final resolution
others, and the case shall thereafter be proceeded with, so by the same party shall be entertained. (n)
far as necessary, as if separate actions had been begun and
prosecuted, and execution of the judgment of affirmance Section 3. Resolution of motion. In the Court of Appeals, a
may be had accordingly, and costs may be adjudged in such motion for reconsideration shall be resolved within ninety
cases, as the court shall deem proper. (6) (90) days from the date when the court declares it submitted
for resolution. (n)
Section 8. Questions that may be decided. No error which
does not affect the jurisdiction over the subject matter or the Section 4. Stay of execution. The pendency of a motion for
validity of the judgment appealed from or the proceedings reconsideration filed on time and by the proper party shall
therein will be considered unless stated in the assignment of stay the execution of the judgment or final resolution sought
errors, or closely related to or dependent on an assigned to be reconsidered unless the court, for good reasons, shall
error and properly argued in the brief, save as the court may otherwise direct. (n)
pass upon plain errors and clerical errors. (7a) RULE 53
Section 9. Promulgation and notice of judgment. After the New Trial
judgment or final resolution and dissenting or separate
opinions, if any, are signed by the Justices taking part, they Section 1. Period for filing; ground. At any time after the
shall be delivered for filing to the clerk who shall indicate appeal from the lower court has been perfected and before
thereon the date of promulgation and cause true copies the Court of Appeals loses jurisdiction over the case, a party
thereof to be served upon the parties or their counsel. (n) may file a motion for a new trial on the ground of newly
discovered evidence which could not have been discovered
Section 10. Entry of judgments and final resolutions. If no prior to the trial in the court below by the exercise of due
appeal or motion for new trial or reconsideration is filed diligence and which is of such a character as would probably
within the time provided in these Rules, the judgment or final change the result. The motion shall be accompanied by
resolution shall forthwith be entered by the clerk in the book affidavits showing the facts constituting the grounds therefor
of entries of judgments. The date when the judgment or final and the newly discovered evidence. (1a)
resolution becomes executory shall be deemed as the date of
Section 2. Hearing and order. The Court of Appeals shall counsel, the material and controverted points involved, the
consider the new evidence together with that adduced at the authorities cited therein, and a syllabus which shall be
trial below, and may grant or refuse a new trial, or may make confined to points of law. (Sec. 22a, R.A. No. 296) (n)
such order, with notice to both parties, as to the taking of
further testimony, either orally in court, or by depositions, or Section 3. General make-up of volumes. The published
render such other judgment as ought to be rendered upon decisions and final resolutions of the Supreme Court shall be
such terms as it may deem just. (2a) called "Philippine Reports," while those of the Court of
Appeals shall be known as the "Court of Appeals Reports."
Section 3. Resolution of motion. In the Court of Appeals, a Each volume thereof shall contain a table of the cases
motion for new trial shall be resolved within ninety (90) days reported and the cases cited in the opinions, with a complete
from the date when the court declares it submitted for alphabetical index of the subject matters of the volume. It
resolution. (n) shall consist of not less than seven hundred pages printed
upon good paper, well bound and numbered consecutively in
Section 4. Procedure in new trial. Unless the court the order of the volumes published. (Sec. 23a, R.A. No. 296)
otherwise directs, the procedure in the new trial shall be the (n)
same as that granted by a Regional Trial Court. (3a)
Procedure In The Supreme Court
RULE 54
RULE 56
Internal Business
A. Original Cases
Section 1. Distribution of cases among divisions. All the
cases of the Court of Appeals shall be allotted among the Section 1. Original cases cognizable. Only petitions
different divisions thereof for hearing and decision. The Court for certiorari, prohibition, mandamus, quo warranto, habeas
of Appeals, sitting en banc, shall make proper orders or rules corpus, disciplinary proceedings against members of the
to govern the allotment of cases among the different judiciary and attorneys, and cases affecting ambassadors,
divisions, the constitution of such divisions, the regular other public ministers and consuls may be filed originally in
rotation of Justices among them, the filing of vacancies the Supreme Court. (n)
occurring therein, and other matters relating to the business
of the court; and such rules shall continue in force until Section 2. Rules applicable. The procedure in original cases
repealed or altered by the Supreme Court. (1a) for certiorari, prohibition, mandamus, quo
warranto and habeas corpus shall be in accordance with the
Section 2. Quorum of the court. A majority of the actual applicable provisions of the Constitution, laws, and Rules 46,
members of the court shall constitute a quorum for its 48, 49, 51, 52 and this Rule, subject to the following
sessions en banc. Three members shall constitute provisions:
a quorum for the sessions of a division. The affirmative votes
of the majority of the members present shall be necessary to a) All references in said Rules to the Court of Appeals
pass a resolution of the court en banc. The affirmative votes shall be understood to also apply to the Supreme
of three members of a division shall be necessary for the Court;
pronouncement of a judgment or final resolution, which shall b) The portions of said Rules dealing strictly with and
be reached in consultation before the writing of the opinion specifically intended for appealed cases in the Court
by any member of the division. (Sec. 11, first par. of BP Blg. of Appeals shall not be applicable; and
129, as amended by Sec. 6 of EO 33). (3a)
c) Eighteen (18) clearly legible copies of the petition
RULE 55 shall be filed, together with proof of service on all
Publications of Judgments and Final Resolutions adverse parties.

Section 1. Publication. The judgments and final resolutions The proceedings for disciplinary action against members of
of the court shall be published in the Official Gazette and in the judiciary shall be governed by the laws and Rules
the Reports officially authorized by the court in the language prescribed therefor, and those against attorneys by Rules
in which they have been originally written, together with the 139-B, as amended. (n)
syllabi therefor prepared by the reporter in consultation with B. Appealed Cases
the writers thereof. Memoranda of all other judgments and
final resolutions not so published shall be made by the Section 3. Mode of appeal. An appeal to the Supreme
reporter and published in the Official Gazette and the Court may be taken only by a petition for review on certiorari,
authorized reports. (1a) except in criminal cases where the penalty imposed is
death, reclusion perpetua or life imprisonment. (n)
Section 2. Preparation of opinions for publication. The
reporter shall prepare and publish with each reported Section 4. Procedure. The appeal shall be governed by and
judgment and final resolution a concise synopsis of the facts disposed of in accordance with the applicable provisions of
necessary for a clear understanding of the case, the names of
the Constitution, laws, Rules 45, 48, sections 1, 2, and 5 to 11
of Rule 51, 52 and this Rule. (n)

Section 5. Grounds for dismissal of appeal. The appeal may


be dismissed motu proprio or on motion of the respondent on
the following grounds:

(a) Failure to take the appeal within the


reglementary period;

(b) Lack of merit in the petition;

(c) Failure to pay the requisite docket fee and other


lawful fees or to make a deposit for costs;

(d) Failure to comply with the requirements


regarding proof of service and contents of and the
documents which should accompany the petition;

(e) Failure to comply with any circular, directive or


order of the Supreme Court without justifiable
cause;

(f) Error in the choice or mode of appeal; and

(g) The fact that the case is not appealable to the


Supreme Court. (n)

Section 6. Disposition of improper appeal. Except as


provided in section 3, Rule 122 regarding appeals in criminal
cases where the penalty imposed is death, reclusion
perpetua or life imprisonment, an appeal taken to the
Supreme Court by notice of appeal shall be dismissed.

An appeal by certiorari taken to the Supreme Court from the


Regional Trial Court submitting issues of fact may be referred
to the Court of Appeals for decision or appropriate action.
The determination of the Supreme Court on whether or not
issues of fact are involved shall be final. (n)

Section 7. Procedure if opinion is equally divided. Where


the court en banc is equally divided in opinion, or the
necessary majority cannot be had, the case shall again be
deliberated on, and if after such deliberation no decision is
reached, the original action commenced in the court shall be
dismissed, in appealed cases, the judgment or order appealed
from shall stand affirmed; and on all incidental matters, the
petition or motion shall be denied.
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE sixty-five days each; months, of thirty days; days, of twenty-
PHILIPPINES four hours; and nights from sunset to sunrise.

PRELIMINARY TITLE If months are designated by their name, they shall be


computed by the number of days which they respectively
CHAPTER 1 have.
Effect and Application of Laws
In computing a period, the first day shall be excluded, and the
Article 1. This Act shall be known as the "Civil Code of the last day included. (7a)
Philippines." (n)
Article 14. Penal laws and those of public security and safety
Article 2. Laws shall take effect after fifteen days following shall be obligatory upon all who live or sojourn in the
the completion of their publication in the Official Gazette, Philippine territory, subject to the principles of public
unless it is otherwise provided. This Code shall take effect one international law and to treaty stipulations. (8a)
year after such publication. (1a)
Article 15. Laws relating to family rights and duties, or to the
Article 3. Ignorance of the law excuses no one from status, condition and legal capacity of persons are binding
compliance therewith. (2) upon citizens of the Philippines, even though living abroad.
Article 4. Laws shall have no retroactive effect, unless the (9a)
contrary is provided. (3) Article 16. Real property as well as personal property is
Article 5. Acts executed against the provisions of mandatory subject to the law of the country where it is stipulated.
or prohibitory laws shall be void, except when the law itself However, intestate and testamentary successions, both with
authorizes their validity. (4a) respect to the order of succession and to the amount of
Article 6. Rights may be waived, unless the waiver is contrary successional rights and to the intrinsic validity of
to law, public order, public policy, morals, or good customs, testamentary provisions, shall be regulated by the national
or prejudicial to a third person with a right recognized by law. law of the person whose succession is under consideration,
(4a) whatever may be the nature of the property and regardless of
the country wherein said property may be found. (10a)
Article 7. Laws are repealed only by subsequent ones, and
their violation or non-observance shall not be excused by Article 17. The forms and solemnities of contracts, wills, and
disuse, or custom or practice to the contrary. other public instruments shall be governed by the laws of the
country in which they are executed.
When the courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter shall When the acts referred to are executed before the diplomatic
govern. or consular officials of the Republic of the Philippines in a
foreign country, the solemnities established by Philippine
Administrative or executive acts, orders and regulations shall laws shall be observed in their execution.
be valid only when they are not contrary to the laws or the
Constitution. (5a) Prohibitive laws concerning persons, their acts or property,
and those which have for their object public order, public
Article 8. Judicial decisions applying or interpreting the laws policy and good customs shall not be rendered ineffective by
or the Constitution shall form a part of the legal system of the laws or judgments promulgated, or by determinations or
Philippines. (n) conventions agreed upon in a foreign country. (11a)
Article 9. No judge or court shall decline to render judgment Article 18. In matters which are governed by the Code of
by reason of the silence, obscurity or insufficiency of the laws. Commerce and special laws, their deficiency shall be supplied
(6) by the provisions of this Code. (16a)
Article 10. In case of doubt in the interpretation or
application of laws, it is presumed that the lawmaking body CHAPTER 2
intended right and justice to prevail. (n) Human Relations (n)
Article 11. Customs which are contrary to law, public order or Article 19. Every person must, in the exercise of his rights and
public policy shall not be countenanced. (n) in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.
Article 12. A custom must be proved as a fact, according to
the rules of evidence. (n) Article 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the
Article 13. When the laws speak of years, months, days or latter for the same.
nights, it shall be understood that years are of three hundred
Article 21. Any person who wilfully causes loss or injury to to answer for damages in case the complaint should be found
another in manner that is contrary to morals, good customs to be malicious.
or public policy shall compensate the latter for the damage.
If in a criminal case the judgment of acquittal is based upon
Article 22. Every person who through an act of performance reasonable doubt, the court shall so declare. In the absence
by another, or any other means, acquires or comes into of any declaration to that effect, it may be inferred from the
possession of something at the expense of the latter without text of the decision whether or not the acquittal is due to that
just or legal ground, shall return the same to him. ground.

Article 23. Even when an act or event causing damage to Article 30. When a separate civil action is brought to demand
another's property was not due to the fault or negligence of civil liability arising from a criminal offense, and no criminal
the defendant, the latter shall be liable for indemnity if proceedings are instituted during the pendency of the civil
through the act or event he was benefited. case, a preponderance of evidence shall likewise be sufficient
to prove the act complained of.
Article 24. In all contractual, property or other relations,
when one of the parties is at a disadvantage on account of his Article 31. When the civil action is based on an obligation not
moral dependence, ignorance, indigence, mental weakness, arising from the act or omission complained of as a felony,
tender age or other handicap, the courts must be vigilant for such civil action may proceed independently of the criminal
his protection. proceedings and regardless of the result of the latter.

Article 25. Thoughtless extravagance in expenses for pleasure Article 32. Any public officer or employee, or any private
or display during a period of acute public want or emergency individual, who directly or indirectly obstructs, defeats,
may be stopped by order of the courts at the instance of any violates or in any manner impedes or impairs any of the
government or private charitable institution. following rights and liberties of another person shall be liable
to the latter for damages:
Article 26. Every person shall respect the dignity, personality,
privacy and peace of mind of his neighbors and other (1) Freedom of religion;
persons. The following and similar acts, though they may not
constitute a criminal offense, shall produce a cause of action (2) Freedom of speech;
for damages, prevention and other relief: (3) Freedom to write for the press or to maintain a
(1) Prying into the privacy of another's residence; periodical publication;

(2) Meddling with or disturbing the private life or (4) Freedom from arbitrary or illegal detention;
family relations of another; (5) Freedom of suffrage;
(3) Intriguing to cause another to be alienated from (6) The right against deprivation of property without
his friends; due process of law;
(4) Vexing or humiliating another on account of his (7) The right to a just compensation when private
religious beliefs, lowly station in life, place of birth, property is taken for public use;
physical defect, or other personal condition.
(8) The right to the equal protection of the laws;
Article 27. Any person suffering material or moral loss
because a public servant or employee refuses or neglects, (9) The right to be secure in one's person, house,
without just cause, to perform his official duty may file an papers, and effects against unreasonable searches
action for damages and other relief against the latter, without and seizures;
prejudice to any disciplinary administrative action that may
be taken. (10) The liberty of abode and of changing the same;

Article 28. Unfair competition in agricultural, commercial or (11) The privacy of communication and
industrial enterprises or in labor through the use of force, correspondence;
intimidation, deceit, machination or any other unjust, (12) The right to become a member of associations
oppressive or highhanded method shall give rise to a right of or societies for purposes not contrary to law;
action by the person who thereby suffers damage.
(13) The right to take part in a peaceable assembly
Article 29. When the accused in a criminal prosecution is to petition the Government for redress of
acquitted on the ground that his guilt has not been proved grievances;
beyond reasonable doubt, a civil action for damages for the
same act or omission may be instituted. Such action requires (14) The right to be a free from involuntary servitude
only a preponderance of evidence. Upon motion of the in any form;
defendant, the court may require the plaintiff to file a bond
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself defendant's motion, the court may require the plaintiff to file
and counsel, to be informed of the nature and cause a bond to indemnify the defendant in case the complaint
of the accusation against him, to have a speedy and should be found to be malicious.
public trial, to meet the witnesses face to face, and
to have compulsory process to secure the If during the pendency of the civil action, an information
attendance of witness in his behalf; should be presented by the prosecuting attorney, the civil
action shall be suspended until the termination of the
(17) Freedom from being compelled to be a witness criminal proceedings.
against one's self, or from being forced to confess
guilt, or from being induced by a promise of Article 36. Pre-judicial questions, which must be decided
immunity or reward to make such confession, except before any criminal prosecution may be instituted or may
when the person confessing becomes a State proceed, shall be governed by rules of court which the
witness; Supreme Court shall promulgate and which shall not be in
conflict with the provisions of this Code.
(18) Freedom from excessive fines, or cruel and
unusual punishment, unless the same is imposed or BOOK I
inflicted in accordance with a statute which has not PERSONS
been judicially declared unconstitutional; and TITLE I
(19) Freedom of access to the courts. CIVIL PERSONALITY

In any of the cases referred to in this article, whether CHAPTER 1


or not the defendant's act or omission constitutes a General Provisions
criminal offense, the aggrieved party has a right to Article 37. Juridical capacity, which is the fitness to be the
commence an entirely separate and distinct civil subject of legal relations, is inherent in every natural person
action for damages, and for other relief. Such civil and is lost only through death. Capacity to act, which is the
action shall proceed independently of any criminal power to do acts with legal effect, is acquired and may be
prosecution (if the latter be instituted), and may be lost. (n)
proved by a preponderance of evidence.
Article 38. Minority, insanity or imbecility, the state of being a
The indemnity shall include moral damages. Exemplary deaf-mute, prodigality and civil interdiction are mere
damages may also be adjudicated. restrictions on capacity to act, and do not exempt the
The responsibility herein set forth is not demandable from a incapacitated person from certain obligations, as when the
judge unless his act or omission constitutes a violation of the latter arise from his acts or from property relations, such as
Penal Code or other penal statute. easements. (32a)

Article 33. In cases of defamation, fraud, and physical injuries Article 39. The following circumstances, among others,
a civil action for damages, entirely separate and distinct from modify or limit capacity to act: age, insanity, imbecility, the
the criminal action, may be brought by the injured party. Such state of being a deaf-mute, penalty, prodigality, family
civil action shall proceed independently of the criminal relations, alienage, absence, insolvency and trusteeship. The
prosecution, and shall require only a preponderance of consequences of these circumstances are governed in this
evidence. Code, other codes, the Rules of Court, and in special laws.
Capacity to act is not limited on account of religious belief or
Article 34. When a member of a city or municipal police force political opinion.
refuses or fails to render aid or protection to any person in
case of danger to life or property, such peace officer shall be A married woman, twenty-one years of age or over, is
primarily liable for damages, and the city or municipality shall qualified for all acts of civil life, except in cases specified by
be subsidiarily responsible therefor. The civil action herein law. (n)
recognized shall be independent of any criminal proceedings, CHAPTER 2
and a preponderance of evidence shall suffice to support such Natural Persons
action.
Article 40. Birth determines personality; but the conceived
Article 35. When a person, claiming to be injured by a child shall be considered born for all purposes that are
criminal offense, charges another with the same, for which no favorable to it, provided it be born later with the conditions
independent civil action is granted in this Code or any special specified in the following article. (29a)
law, but the justice of the peace finds no reasonable grounds
to believe that a crime has been committed, or the Article 41. For civil purposes, the foetus is considered born if
prosecuting attorney refuses or fails to institute criminal it is alive at the time it is completely delivered from the
proceedings, the complaint may bring a civil action for mother's womb. However, if the foetus had an intra-uterine
damages against the alleged offender. Such civil action may life of less than seven months, it is not deemed born if it dies
be supported by a preponderance of evidence. Upon the
within twenty-four hours after its complete delivery from the (1) Those who were citizens of the Philippines at the
maternal womb. (30a) time of the adoption of the Constitution of the
Philippines;
Article 42. Civil personality is extinguished by death.
(2) Those born in the Philippines of foreign parents
The effect of death upon the rights and obligations of the who, before the adoption of said Constitution, had
deceased is determined by law, by contract and by will. (32a) been elected to public office in the Philippines;
Article 43. If there is a doubt, as between two or more (3) Those whose fathers are citizens of the
persons who are called to succeed each other, as to which of Philippines;
them died first, whoever alleges the death of one prior to the
other, shall prove the same; in the absence of proof, it is (4) Those whose mothers are citizens of the
presumed that they died at the same time and there shall be Philippines and, upon reaching the age of majority,
no transmission of rights from one to the other. (33) elect Philippine citizenship;

CHAPTER 3 (5) Those who are naturalized in accordance with


Juridical Persons law. (n)

Article 44. The following are juridical persons: Article 49. Naturalization and the loss and reacquisition of
citizenship of the Philippines are governed by special laws. (n)
(1) The State and its political subdivisions;
Article 50. For the exercise of civil rights and the fulfillment of
(2) Other corporations, institutions and entities for civil obligations, the domicile of natural persons is the place
public interest or purpose, created by law; their of their habitual residence. (40a)
personality begins as soon as they have been
constituted according to law; Article 51. When the law creating or recognizing them, or any
other provision does not fix the domicile of juridical persons,
(3) Corporations, partnerships and associations for the same shall be understood to be the place where their
private interest or purpose to which the law grants a legal representation is established or where they exercise
juridical personality, separate and distinct from that their principal functions. (41a)
of each shareholder, partner or member. (35a)
TITLE I
Article 45. Juridical persons mentioned in Nos. 1 and 2 of the MARRIAGE
preceding article are governed by the laws creating or
recognizing them. Chapter 1. Requisites of Marriage

Private corporations are regulated by laws of general Art. 1. Marriage is a special contract of permanent union
application on the subject. between a man and a woman entered into in accordance
with law for the establishment of conjugal and family life. It is
Partnerships and associations for private interest or purpose the foundation of the family and an inviolable social
are governed by the provisions of this Code concerning institution whose nature, consequences, and incidents are
partnerships. (36 and 37a) governed by law and not subject to stipulation, except that
Article 46. Juridical persons may acquire and possess marriage settlements may fix the property relations during
property of all kinds, as well as incur obligations and bring the marriage within the limits provided by this Code. (52a)
civil or criminal actions, in conformity with the laws and Art. 2. No marriage shall be valid, unless these essential
regulations of their organization. (38a) requisites are present:
Article 47. Upon the dissolution of corporations, institutions (1) Legal capacity of the contracting parties who
and other entities for public interest or purpose mentioned in must be a male and a female; and
No. 2 of article 44, their property and other assets shall be
disposed of in pursuance of law or the charter creating them. (2) Consent freely given in the presence of the
If nothing has been specified on this point, the property and solemnizing officer. (53a)
other assets shall be applied to similar purposes for the
benefit of the region, province, city or municipality which Art. 3. The formal requisites of marriage are:
during the existence of the institution derived the principal (1) Authority of the solemnizing officer;
benefits from the same. (39a)
(2) A valid marriage license except in the cases
TITLE II provided for in Chapter 2 of this Title; and
CITIZENSHIP AND DOMECILE
(3) A marriage ceremony which takes place with the
Article 48. The following are citizens of the Philippines: appearance of the contracting parties before the
solemnizing officer and their personal declaration
that they take each other as husband and wife in the remote places in accordance with Article 29 of this Code, or
presence of not less than two witnesses of legal age. where both of the parties request the solemnizing officer in
(53a, 55a) writing in which case the marriage may be solemnized at a
house or place designated by them in a sworn statement to
Art. 4. The absence of any of the essential or formal requisites that effect. (57a)
shall render the marriage void ab initio, except as stated in
Article 35 (2). Art. 9. A marriage license shall be issued by the local civil
registrar of the city or municipality where either contracting
A defect in any of the essential requisites shall not affect the party habitually resides, except in marriages where no license
validity of the marriage but the party or parties responsible is required in accordance with Chapter 2 of this Title (58a)
for the irregularity shall be civilly, criminally and
administratively liable. (n) Art. 10. Marriages between Filipino citizens abroad may be
solemnized by a consul-general, consul or vice-consul of the
Art. 5. Any male or female of the age of eighteen years or Republic of the Philippines. The issuance of the marriage
upwards not under any of the impediments mentioned in license and the duties of the local civil registrar and of the
Articles 37 and 38, may contract marriage. (54a) solemnizing officer with regard to the celebration of marriage
Art. 6. No prescribed form or religious rite for the shall be performed by said consular official. (75a)
solemnization of the marriage is required. It shall be Art. 11. Where a marriage license is required, each of the
necessary, however, for the contracting parties to appear contracting parties shall file separately a sworn application
personally before the solemnizing officer and declare in the for such license with the proper local civil registrar which shall
presence of not less than two witnesses of legal age that they specify the following:
take each other as husband and wife. This declaration shall be
contained in the marriage certificate which shall be signed by (1) Full name of the contracting party;
the contracting parties and their witnesses and attested by
the solemnizing officer. (2) Place of birth;

In case of a marriage in articulo mortis, when the party at the (3) Age and date of birth;
point of death is unable to sign the marriage certificate, it (4) Civil status;
shall be sufficient for one of the witnesses to the marriage to
write the name of said party, which fact shall be attested by (5) If previously married, how, when and where the
the solemnizing officer. (55a) previous marriage was dissolved or annulled;

Art. 7. Marriage may be solemnized by: (6) Present residence and citizenship;

(1) Any incumbent member of the judiciary within (7) Degree of relationship of the contracting parties;
the court's jurisdiction;
(8) Full name, residence and citizenship of the
(2) Any priest, rabbi, imam, or minister of any church father;
or religious sect duly authorized by his church or
religious sect and registered with the civil registrar (9) Full name, residence and citizenship of the
general, acting within the limits of the written mother; and
authority granted by his church or religious sect and (10) Full name, residence and citizenship of the
provided that at least one of the contracting parties guardian or person having charge, in case the
belongs to the solemnizing officer's church or contracting party has neither father nor mother and
religious sect; is under the age of twenty-one years.
(3) Any ship captain or airplane chief only in the case The applicants, their parents or guardians shall not be
mentioned in Article 31; required to exhibit their residence certificates in any formality
(4) Any military commander of a unit to which a in connection with the securing of the marriage license. (59a)
chaplain is assigned, in the absence of the latter, Art. 12. The local civil registrar, upon receiving such
during a military operation, likewise only in the cases application, shall require the presentation of the original birth
mentioned in Article 32; certificates or, in default thereof, the baptismal certificates of
(5) Any consul-general, consul or vice-consul in the the contracting parties or copies of such documents duly
case provided in Article 10. (56a) attested by the persons having custody of the originals. These
certificates or certified copies of the documents by this Article
Article. 8. The marriage shall be solemnized publicly in the need not be sworn to and shall be exempt from the
chambers of the judge or in open court, in the church, chapel documentary stamp tax. The signature and official title of the
or temple, or in the office the consul-general, consul or vice- person issuing the certificate shall be sufficient proof of its
consul, as the case may be, and not elsewhere, except in authenticity. lawphi1.net
cases of marriages contracted on the point of death or in
If either of the contracting parties is unable to produce his not obtain such advice, or if it be unfavorable, the marriage
birth or baptismal certificate or a certified copy of either license shall not be issued till after three months following
because of the destruction or loss of the original or if it is the completion of the publication of the application therefor.
shown by an affidavit of such party or of any other person A sworn statement by the contracting parties to the effect
that such birth or baptismal certificate has not yet been that such advice has been sought, together with the written
received though the same has been required of the person advice given, if any, shall be attached to the application for
having custody thereof at least fifteen days prior to the date marriage license. Should the parents or guardian refuse to
of the application, such party may furnish in lieu thereof his give any advice, this fact shall be stated in the sworn
current residence certificate or an instrument drawn up and statement. (62a)
sworn to before the local civil registrar concerned or any
public official authorized to administer oaths. Such Art. 16. In the cases where parental consent or parental
instrument shall contain the sworn declaration of two advice is needed, the party or parties concerned shall, in
witnesses of lawful age, setting forth the full name, residence addition to the requirements of the preceding articles, attach
and citizenship of such contracting party and of his or her a certificate issued by a priest, imam or minister authorized to
parents, if known, and the place and date of birth of such solemnize marriage under Article 7 of this Code or a marriage
party. The nearest of kin of the contracting parties shall be counsellor duly accredited by the proper government agency
preferred as witnesses, or, in their default, persons of good to the effect that the contracting parties have undergone
reputation in the province or the locality. lawphi1.net marriage counselling. Failure to attach said certificates of
marriage counselling shall suspend the issuance of the
The presentation of birth or baptismal certificate shall not be marriage license for a period of three months from the
required if the parents of the contracting parties appear completion of the publication of the application. Issuance of
personally before the local civil registrar concerned and swear the marriage license within the prohibited period shall
to the correctness of the lawful age of said parties, as stated subject the issuing officer to administrative sanctions but
in the application, or when the local civil registrar shall, by shall not affect the validity of the marriage.
merely looking at the applicants upon their personally
appearing before him, be convinced that either or both of Should only one of the contracting parties need parental
them have the required age. (60a) consent or parental advice, the other party must be present
at the counselling referred to in the preceding paragraph. (n)
Art. 13. In case either of the contracting parties has been
previously married, the applicant shall be required to furnish, Art. 17. The local civil registrar shall prepare a notice which
instead of the birth or baptismal certificate required in the shall contain the full names and residences of the applicants
last preceding article, the death certificate of the deceased for a marriage license and other data given in the
spouse or the judicial decree of the absolute divorce, or the applications. The notice shall be posted for ten consecutive
judicial decree of annulment or declaration of nullity of his or days on a bulletin board outside the office of the local civil
her previous marriage. registrar located in a conspicous place within the building and
accessible to the general public. This notice shall request all
In case the death certificate cannot be secured, the party persons having knowledge of any impediment to the
shall make an affidavit setting forth this circumstance and his marriage to advise the local civil registrar thereof. The
or her actual civil status and the name and date of death of marriage license shall be issued after the completion of the
the deceased spouse. (61a) period of publication. (63a)

Art. 14. In case either or both of the contracting parties, not Art. 18. In case of any impediment known to the local civil
having been emancipated by a previous marriage, are registrar or brought to his attention, he shall note down the
between the ages of eighteen and twenty-one, they shall, in particulars thereof and his findings thereon in the application
addition to the requirements of the preceding articles, exhibit for marriage license, but shall nonetheless issue said license
to the local civil registrar, the consent to their marriage of after the completion of the period of publication, unless
their father, mother, surviving parent or guardian, or persons ordered otherwise by a competent court at his own instance
having legal charge of them, in the order mentioned. Such or that of any interest party. No filing fee shall be charged for
consent shall be manifested in writing by the interested the petition nor a corresponding bond required for the
party, who personally appears before the proper local civil issuances of the order. (64a)
registrar, or in the form of an affidavit made in the presence
of two witnesses and attested before any official authorized Art. 19. The local civil registrar shall require the payment of
by law to administer oaths. The personal manifestation shall the fees prescribed by law or regulations before the issuance
be recorded in both applications for marriage license, and the of the marriage license. No other sum shall be collected in the
affidavit, if one is executed instead, shall be attached to said nature of a fee or tax of any kind for the issuance of said
applications. (61a) license. It shall, however, be issued free of charge to indigent
parties, that is those who have no visible means of income or
Art. 15. Any contracting party between the age of twenty-one whose income is insufficient for their subsistence a fact
and twenty-five shall be obliged to ask their parents or established by their affidavit, or by their oath before the local
guardian for advice upon the intended marriage. If they do civil registrar. (65a)
Art. 20. The license shall be valid in any part of the Philippines in both cases. The documents and affidavits filed in
for a period of one hundred twenty days from the date of connection with applications for marriage licenses shall be
issue, and shall be deemed automatically cancelled at the exempt from documentary stamp tax. (n)
expiration of the said period if the contracting parties have
not made use of it. The expiry date shall be stamped in bold Art. 25. The local civil registrar concerned shall enter all
characters on the face of every license issued. (65a) applications for marriage licenses filed with him in a registry
book strictly in the order in which the same are received. He
Art. 21. When either or both of the contracting parties are shall record in said book the names of the applicants, the
citizens of a foreign country, it shall be necessary for them date on which the marriage license was issued, and such
before a marriage license can be obtained, to submit a other data as may be necessary. (n)
certificate of legal capacity to contract marriage, issued by
their respective diplomatic or consular officials. Art. 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they
Stateless persons or refugees from other countries shall, in were solemnized, and valid there as such, shall also be valid in
lieu of the certificate of legal capacity herein required, submit this country, except those prohibited under Articles 35 (1),
an affidavit stating the circumstances showing such capacity (4), (5) and (6), 3637 and 38. (17a)
to contract marriage. (66a)
Where a marriage between a Filipino citizen and a foreigner is
Art. 22. The marriage certificate, in which the parties shall validly celebrated and a divorce is thereafter validly obtained
declare that they take each other as husband and wife, shall abroad by the alien spouse capacitating him or her to
also state: remarry, the Filipino spouse shall have capacity to remarry
under Philippine law. (As amended by Executive Order 227)
(1) The full name, sex and age of each contracting
party; Chapter 2. Marriages Exempted from License Requirement

(2) Their citizenship, religion and habitual residence; Art. 27. In case either or both of the contracting parties are at
the point of death, the marriage may be solemnized without
(3) The date and precise time of the celebration of necessity of a marriage license and shall remain valid even if
the marriage; the ailing party subsequently survives. (72a)
(4) That the proper marriage license has been issued Art. 28. If the residence of either party is so located that there
according to law, except in marriage provided for in is no means of transportation to enable such party to appear
Chapter 2 of this Title; personally before the local civil registrar, the marriage may be
(5) That either or both of the contracting parties solemnized without necessity of a marriage license. (72a)
have secured the parental consent in appropriate Art. 29. In the cases provided for in the two preceding
cases; articles, the solemnizing officer shall state in an affidavit
(6) That either or both of the contracting parties executed before the local civil registrar or any other person
have complied with the legal requirement regarding legally authorized to administer oaths that the marriage was
parental advice in appropriate cases; and performed in articulo mortis or that the residence of either
party, specifying the barrio or barangay, is so located that
(7) That the parties have entered into marriage there is no means of transportation to enable such party to
settlement, if any, attaching a copy thereof. (67a) appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and
Art. 23. It shall be the duty of the person solemnizing the relationship of the contracting parties and the absence of
marriage to furnish either of the contracting parties the legal impediment to the marriage. (72a)
original of the marriage certificate referred to in Article 6 and
to send the duplicate and triplicate copies of the certificate Art. 30. The original of the affidavit required in the last
not later than fifteen days after the marriage, to the local civil preceding article, together with the legible copy of the
registrar of the place where the marriage was solemnized. marriage contract, shall be sent by the person solemnizing
Proper receipts shall be issued by the local civil registrar to the marriage to the local civil registrar of the municipality
the solemnizing officer transmitting copies of the marriage where it was performed within the period of thirty days after
certificate. The solemnizing officer shall retain in his file the the performance of the marriage. (75a)
quadruplicate copy of the marriage certificate, the copy of
the marriage certificate, the original of the marriage license Art. 31. A marriage in articulo mortis between passengers or
and, in proper cases, the affidavit of the contracting party crew members may also be solemnized by a ship captain or
regarding the solemnization of the marriage in place other by an airplane pilot not only while the ship is at sea or the
than those mentioned in Article 8. (68a) plane is in flight, but also during stopovers at ports of call.
(74a)
Art. 24. It shall be the duty of the local civil registrar to
prepare the documents required by this Title, and to Art. 32. A military commander of a unit, who is a
administer oaths to all interested parties without any charge commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between persons Art. 38. The following marriages shall be void from the
within the zone of military operation, whether members of beginning for reasons of public policy:
the armed forces or civilians. (74a)
(1) Between collateral blood relatives whether
Art. 33. Marriages among Muslims or among members of the legitimate or illegitimate, up to the fourth civil
ethnic cultural communities may be performed validly degree;
without the necessity of marriage license, provided they are
solemnized in accordance with their customs, rites or (2) Between step-parents and step-children;
practices. (78a) (3) Between parents-in-law and children-in-law;
Art. 34. No license shall be necessary for the marriage of a (4) Between the adopting parent and the adopted
man and a woman who have lived together as husband and child;
wife for at least five years and without any legal impediment
to marry each other. The contracting parties shall state the (5) Between the surviving spouse of the adopting
foregoing facts in an affidavit before any person authorized parent and the adopted child;
by law to administer oaths. The solemnizing officer shall also
state under oath that he ascertained the qualifications of the (6) Between the surviving spouse of the adopted
contracting parties are found no legal impediment to the child and the adopter;
marriage. (76a) (7) Between an adopted child and a legitimate child
Chapter 3. Void and Voidable Marriages of the adopter;

Art. 35. The following marriages shall be void from the (8) Between adopted children of the same adopter;
beginning: and

(1) Those contracted by any party below eighteen (9) Between parties where one, with the intention to
years of age even with the consent of parents or marry the other, killed that other person's spouse, or
guardians; his or her own spouse. (82)

(2) Those solemnized by any person not legally Art. 39. The action or defense for the declaration of absolute
authorized to perform marriages unless such nullity shall not prescribe. However, in case of marriage
marriages were contracted with either or both celebrated before the effectivity of this Code and falling
parties believing in good faith that the solemnizing under Article 36, such action or defense shall prescribe in ten
officer had the legal authority to do so; years after this Code shall taken effect. (As amended by
Executive Order 227) (n)
(3) Those solemnized without license, except those
covered the preceding Chapter; Art. 40. The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of a
(4) Those bigamous or polygamous marriages not final judgment declaring such previous marriage void. (n).
failing under Article 41;
Art. 41. A marriage contracted by any person during
(5) Those contracted through mistake of one subsistence of a previous marriage shall be null and void,
contracting party as to the identity of the other; and unless before the celebration of the subsequent marriage,
the prior spouse had been absent for four consecutive years
(6) Those subsequent marriages that are void under and the spouse present has a well-founded belief that the
Article 53. absent spouse was already dead. In case of disappearance
Art. 36. A marriage contracted by any party who, at the time where there is danger of death under the circumstances set
of the celebration, was psychologically incapacitated to forth in the provisions of Article 391 of the Civil Code, an
comply with the essential marital obligations of marriage, absence of only two years shall be sufficient.
shall likewise be void even if such incapacity becomes For the purpose of contracting the subsequent marriage
manifest only after its solemnization. (As amended by under the preceding paragraph the spouse present must
Executive Order 227) institute a summary proceeding as provided in this Code for
Art. 37. Marriages between the following are incestuous and the declaration of presumptive death of the absentee,
void from the beginning, whether relationship between the without prejudice to the effect of reappearance of the absent
parties be legitimate or illegitimate: spouse. (83a)

(1) Between ascendants and descendants of any Art. 42. The subsequent marriage referred to in the preceding
degree; and Article shall be automatically terminated by the recording of
the affidavit of reappearance of the absent spouse, unless
(2) Between brothers and sisters, whether of the full there is a judgment annulling the previous marriage or
or half blood. (81a) declaring it void ab initio.
A sworn statement of the fact and circumstances of (2) That either party was of unsound mind, unless
reappearance shall be recorded in the civil registry of the such party after coming to reason, freely cohabited
residence of the parties to the subsequent marriage at the with the other as husband and wife;
instance of any interested person, with due notice to the
spouses of the subsequent marriage and without prejudice to (3) That the consent of either party was obtained by
the fact of reappearance being judicially determined in case fraud, unless such party afterwards, with full
such fact is disputed. (n) knowledge of the facts constituting the fraud, freely
cohabited with the other as husband and wife;
Art. 43. The termination of the subsequent marriage referred
to in the preceding Article shall produce the following effects: (4) That the consent of either party was obtained by
force, intimidation or undue influence, unless the
(1) The children of the subsequent marriage same having disappeared or ceased, such party
conceived prior to its termination shall be thereafter freely cohabited with the other as
considered legitimate; husband and wife;

(2) The absolute community of property or the (5) That either party was physically incapable of
conjugal partnership, as the case may be, shall be consummating the marriage with the other, and
dissolved and liquidated, but if either spouse such incapacity continues and appears to be
contracted said marriage in bad faith, his or her incurable; or
share of the net profits of the community property
or conjugal partnership property shall be forfeited in (6) That either party was afflicted with a sexually-
favor of the common children or, if there are none, transmissible disease found to be serious and
the children of the guilty spouse by a previous appears to be incurable. (85a)
marriage or in default of children, the innocent Art. 46. Any of the following circumstances shall constitute
spouse; fraud referred to in Number 3 of the preceding Article:
(3) Donations by reason of marriage shall remain (1) Non-disclosure of a previous conviction by final
valid, except that if the donee contracted the judgment of the other party of a crime involving
marriage in bad faith, such donations made to said moral turpitude;
donee are revoked by operation of law;
(2) Concealment by the wife of the fact that at the
(4) The innocent spouse may revoke the designation time of the marriage, she was pregnant by a man
of the other spouse who acted in bad faith as other than her husband;
beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable; and (3) Concealment of sexually transmissible disease,
regardless of its nature, existing at the time of the
(5) The spouse who contracted the subsequent marriage; or
marriage in bad faith shall be disqualified to inherit
from the innocent spouse by testate and intestate (4) Concealment of drug addiction, habitual
succession. (n) alcoholism or homosexuality or lesbianism existing
at the time of the marriage.
Art. 44. If both spouses of the subsequent marriage acted in
bad faith, said marriage shall be void ab initio and all No other misrepresentation or deceit as to character, health,
donations by reason of marriage and testamentary rank, fortune or chastity shall constitute such fraud as will
dispositions made by one in favor of the other are revoked by give grounds for action for the annulment of marriage. (86a)
operation of law. (n)
Art. 47. The action for annulment of marriage must be filed
Art. 45. A marriage may be annulled for any of the following by the following persons and within the periods indicated
causes, existing at the time of the marriage: herein:

(1) That the party in whose behalf it is sought to (1) For causes mentioned in number 1 of Article 45
have the marriage annulled was eighteen years of by the party whose parent or guardian did not give
age or over but below twenty-one, and the marriage his or her consent, within five years after attaining
was solemnized without the consent of the parents, the age of twenty-one, or by the parent or guardian
guardian or person having substitute parental or person having legal charge of the minor, at any
authority over the party, in that order, unless after time before such party has reached the age of
attaining the age of twenty-one, such party freely twenty-one;
cohabited with the other and both lived together as
husband and wife; (2) For causes mentioned in number 2 of Article 45,
by the same spouse, who had no knowledge of the
other's insanity; or by any relative or guardian or
person having legal charge of the insane, at any time
before the death of either party, or by the insane mutual agreement judicially approved, had already provided
spouse during a lucid interval or after regaining for such matters.
sanity;
The children or their guardian or the trustee of their property
(3) For causes mentioned in number 3 of Articles 45, may ask for the enforcement of the judgment.
by the injured party, within five years after the
discovery of the fraud; The delivery of the presumptive legitimes herein prescribed
shall in no way prejudice the ultimate successional rights of
(4) For causes mentioned in number 4 of Article 45, the children accruing upon the death of either of both of the
by the injured party, within five years from the time parents; but the value of the properties already received
the force, intimidation or undue influence under the decree of annulment or absolute nullity shall be
disappeared or ceased; considered as advances on their legitime. (n)

(5) For causes mentioned in number 5 and 6 of Art. 52. The judgment of annulment or of absolute nullity of
Article 45, by the injured party, within five years the marriage, the partition and distribution of the properties
after the marriage. (87a) of the spouses and the delivery of the children's presumptive
legitimes shall be recorded in the appropriate civil registry
Art. 48. In all cases of annulment or declaration of absolute and registries of property; otherwise, the same shall not
nullity of marriage, the Court shall order the prosecuting affect third persons. (n)
attorney or fiscal assigned to it to appear on behalf of the
State to take steps to prevent collusion between the parties Art. 53. Either of the former spouses may marry again after
and to take care that evidence is not fabricated or compliance with the requirements of the immediately
suppressed. preceding Article; otherwise, the subsequent marriage shall
be null and void.
In the cases referred to in the preceding paragraph, no
judgment shall be based upon a stipulation of facts or Art. 54. Children conceived or born before the judgment of
confession of judgment. (88a) annulment or absolute nullity of the marriage under Article
36 has become final and executory shall be considered
Art. 49. During the pendency of the action and in the absence legitimate. Children conceived or born of the subsequent
of adequate provisions in a written agreement between the marriage under Article 53 shall likewise be legitimate.
spouses, the Court shall provide for the support of the
spouses and the custody and support of their common TITLE II
children. The Court shall give paramount consideration to the LEGAL SEPARATION
moral and material welfare of said children and their choice
of the parent with whom they wish to remain as provided to Art. 55. A petition for legal separation may be filed on any of
in Title IX. It shall also provide for appropriate visitation rights the following grounds:
of the other parent. (n) (1) Repeated physical violence or grossly abusive
Art. 50. The effects provided for by paragraphs (2), (3), (4) conduct directed against the petitioner, a common
and (5) of Article 43 and by Article 44 shall also apply in the child, or a child of the petitioner;
proper cases to marriages which are declared ab initio or (2) Physical violence or moral pressure to compel the
annulled by final judgment under Articles 40 and 45. petitioner to change religious or political affiliation;
The final judgment in such cases shall provide for the (3) Attempt of respondent to corrupt or induce the
liquidation, partition and distribution of the properties of the petitioner, a common child, or a child of the
spouses, the custody and support of the common children, petitioner, to engage in prostitution, or connivance
and the delivery of third presumptive legitimes, unless such in such corruption or inducement;
matters had been adjudicated in previous judicial
proceedings. (4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if
All creditors of the spouses as well as of the absolute pardoned;
community or the conjugal partnership shall be notified of
the proceedings for liquidation. (5) Drug addiction or habitual alcoholism of the
respondent;
In the partition, the conjugal dwelling and the lot on which it
is situated, shall be adjudicated in accordance with the (6) Lesbianism or homosexuality of the respondent;
provisions of Articles 102 and 129.
(7) Contracting by the respondent of a subsequent
Art. 51. In said partition, the value of the presumptive bigamous marriage, whether in the Philippines or
legitimes of all common children, computed as of the date of abroad;
the final judgment of the trial court, shall be delivered in
cash, property or sound securities, unless the parties, by (8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the the support of the spouses and the custody and support of
petitioner; or the common children. (105a)

(10) Abandonment of petitioner by respondent Art. 63. The decree of legal separation shall have the
without justifiable cause for more than one year. following effects:

For purposes of this Article, the term "child" shall include a (1) The spouses shall be entitled to live separately
child by nature or by adoption. (9a) from each other, but the marriage bonds shall not be
severed;
Art. 56. The petition for legal separation shall be denied on
any of the following grounds: (2) The absolute community or the conjugal
partnership shall be dissolved and liquidated but the
(1) Where the aggrieved party has condoned the offending spouse shall have no right to any share of
offense or act complained of; the net profits earned by the absolute community or
(2) Where the aggrieved party has consented to the the conjugal partnership, which shall be forfeited in
commission of the offense or act complained of; accordance with the provisions of Article 43(2);

(3) Where there is connivance between the parties in (3) The custody of the minor children shall be
the commission of the offense or act constituting the awarded to the innocent spouse, subject to the
ground for legal separation; provisions of Article 213 of this Code; and

(4) Where both parties have given ground for legal (4) The offending spouse shall be disqualified from
separation; inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the
(5) Where there is collusion between the parties to offending spouse made in the will of the innocent
obtain decree of legal separation; or spouse shall be revoked by operation of law. (106a)
(6) Where the action is barred by prescription. Art. 64. After the finality of the decree of legal separation, the
(100a) innocent spouse may revoke the donations made by him or
by her in favor of the offending spouse, as well as the
Art. 57. An action for legal separation shall be filed within five designation of the latter as beneficiary in any insurance
years from the time of the occurrence of the cause. (102) policy, even if such designation be stipulated as irrevocable.
Art. 58. An action for legal separation shall in no case be tried The revocation of the donations shall be recorded in the
before six months shall have elapsed since the filing of the registries of property in the places where the properties are
petition. (103) located. Alienations, liens and encumbrances registered in
good faith before the recording of the complaint for
Art. 59. No legal separation may be decreed unless the Court revocation in the registries of property shall be respected.
has taken steps toward the reconciliation of the spouses and The revocation of or change in the designation of the
is fully satisfied, despite such efforts, that reconciliation is insurance beneficiary shall take effect upon written
highly improbable. (n) notification thereof to the insured.
Art. 60. No decree of legal separation shall be based upon a The action to revoke the donation under this Article must be
stipulation of facts or a confession of judgment. brought within five years from the time the decree of legal
separation become final. (107a)
In any case, the Court shall order the prosecuting attorney or
fiscal assigned to it to take steps to prevent collusion Art. 65. If the spouses should reconcile, a corresponding joint
between the parties and to take care that the evidence is not manifestation under oath duly signed by them shall be filed
fabricated or suppressed. (101a) with the court in the same proceeding for legal separation.
(n)
Art. 61. After the filing of the petition for legal separation, the
spouses shall be entitled to live separately from each other. Art. 66. The reconciliation referred to in the preceding
Articles shall have the following consequences:
The court, in the absence of a written agreement between
the spouses, shall designate either of them or a third person (1) The legal separation proceedings, if still pending,
to administer the absolute community or conjugal shall thereby be terminated at whatever stage; and
partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a (2) The final decree of legal separation shall be set
guardian under the Rules of Court. (104a) aside, but the separation of property and any
forfeiture of the share of the guilty spouse already
Art. 62. During the pendency of the action for legal effected shall subsist, unless the spouses agree to
separation, the provisions of Article 49 shall likewise apply to revive their former property regime.
The court's order containing the foregoing shall be recorded Art. 73. Either spouse may exercise any legitimate profession,
in the proper civil registries. (108a) occupation, business or activity without the consent of the
other. The latter may object only on valid, serious, and moral
Art. 67. The agreement to revive the former property regime grounds.
referred to in the preceding Article shall be executed under
oath and shall specify: In case of disagreement, the court shall decide whether or
not:
(1) The properties to be contributed anew to the
restored regime; (1) The objection is proper, and

(2) Those to be retained as separated properties of (2) Benefit has occurred to the family prior to the
each spouse; and objection or thereafter. If the benefit accrued prior
to the objection, the resulting obligation shall be
(3) The names of all their known creditors, their enforced against the separate property of the
addresses and the amounts owing to each. spouse who has not obtained consent.
The agreement of revival and the motion for its approval shall The foregoing provisions shall not prejudice the rights of
be filed with the court in the same proceeding for legal creditors who acted in good faith. (117a)
separation, with copies of both furnished to the creditors
named therein. After due hearing, the court shall, in its order, TITLE IV
take measure to protect the interest of creditors and such PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
order shall be recorded in the proper registries of properties.
Chapter 1. General Provisions
The recording of the ordering in the registries of property
shall not prejudice any creditor not listed or not notified, Art. 74. The property relationship between husband and wife
unless the debtor-spouse has sufficient separate properties to shall be governed in the following order:
satisfy the creditor's claim. (195a, 108a)
(1) By marriage settlements executed before the
TITLE III marriage;
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
(2) By the provisions of this Code; and
Art. 68. The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render mutual (3) By the local custom. (118)
help and support. (109a) Art. 75. The future spouses may, in the marriage settlements,
Art. 69. The husband and wife shall fix the family domicile. In agree upon the regime of absolute community, conjugal
case of disagreement, the court shall decide. partnership of gains, complete separation of property, or any
other regime. In the absence of a marriage settlement, or
The court may exempt one spouse from living with the other when the regime agreed upon is void, the system of absolute
if the latter should live abroad or there are other valid and community of property as established in this Code shall
compelling reasons for the exemption. However, such govern. (119a)
exemption shall not apply if the same is not compatible with
the solidarity of the family. (110a) Art. 76. In order that any modification in the marriage
settlements may be valid, it must be made before the
Art. 70. The spouses are jointly responsible for the support of celebration of the marriage, subject to the provisions of
the family. The expenses for such support and other conjugal Articles 66, 67, 128, 135 and 136. (121)
obligations shall be paid from the community property and, in
the absence thereof, from the income or fruits of their Art. 77. The marriage settlements and any modification
separate properties. In case of insufficiency or absence of said thereof shall be in writing, signed by the parties and executed
income or fruits, such obligations shall be satisfied from the before the celebration of the marriage. They shall not
separate properties. (111a) prejudice third persons unless they are registered in the local
civil registry where the marriage contract is recorded as well
Art. 71. The management of the household shall be the right as in the proper registries of properties. (122a)
and the duty of both spouses. The expenses for such
management shall be paid in accordance with the provisions Art. 78. A minor who according to law may contract marriage
of Article 70. (115a) may also execute his or her marriage settlements, but they
shall be valid only if the persons designated in Article 14 to
Art. 72. When one of the spouses neglects his or her duties to give consent to the marriage are made parties to the
the conjugal union or commits acts which tend to bring agreement, subject to the provisions of Title IX of this Code.
danger, dishonor or injury to the other or to the family, the (120a)
aggrieved party may apply to the court for relief. (116a)
Art. 79. For the validity of any marriage settlement executed
by a person upon whom a sentence of civil interdiction has
been pronounced or who is subject to any other disability, it (1) If the marriage is not celebrated or judicially
shall be indispensable for the guardian appointed by a declared void ab initio except donations made in the
competent court to be made a party thereto. (123a) marriage settlements, which shall be governed by
Article 81;
Art. 80. In the absence of a contrary stipulation in a marriage
settlement, the property relations of the spouses shall be (2) When the marriage takes place without the
governed by Philippine laws, regardless of the place of the consent of the parents or guardian, as required by
celebration of the marriage and their residence. law;

This rule shall not apply: (3) When the marriage is annulled, and the donee
acted in bad faith;
(1) Where both spouses are aliens;
(4) Upon legal separation, the donee being the guilty
(2) With respect to the extrinsic validity of contracts spouse;
affecting property not situated in the Philippines and
executed in the country where the property is (5) If it is with a resolutory condition and the
located; and condition is complied with;

(3) With respect to the extrinsic validity of contracts (6) When the donee has committed an act of
entered into in the Philippines but affecting property ingratitude as specified by the provisions of the Civil
situated in a foreign country whose laws require Code on donations in general. (132a)
different formalities for its extrinsic validity. (124a)
Art. 87. Every donation or grant of gratuitous advantage,
Art. 81. Everything stipulated in the settlements or contracts direct or indirect, between the spouses during the marriage
referred to in the preceding articles in consideration of a shall be void, except moderate gifts which the spouses may
future marriage, including donations between the give each other on the occasion of any family rejoicing. The
prospective spouses made therein, shall be rendered void if prohibition shall also apply to persons living together as
the marriage does not take place. However, stipulations that husband and wife without a valid marriage. (133a)
do not depend upon the celebration of the marriages shall be
valid. (125a) Chapter 3. System of Absolute Community

Chapter 2. Donations by Reason of Marriage Section 1. General Provisions

Art. 82. Donations by reason of marriage are those which are Art. 88. The absolute community of property between
made before its celebration, in consideration of the same, spouses shall commence at the precise moment that the
and in favor of one or both of the future spouses. (126) marriage is celebrated. Any stipulation, express or implied,
for the commencement of the community regime at any
Art. 83. These donations are governed by the rules on other time shall be void. (145a)
ordinary donations established in Title III of Book III of the
Civil Code, insofar as they are not modified by the following Art. 89. No waiver of rights, shares and effects of the absolute
articles. (127a) community of property during the marriage can be made
except in case of judicial separation of property.
Art. 84. If the future spouses agree upon a regime other than
the absolute community of property, they cannot donate to When the waiver takes place upon a judicial separation of
each other in their marriage settlements more than one-fifth property, or after the marriage has been dissolved or
of their present property. Any excess shall be considered annulled, the same shall appear in a public instrument and
void. shall be recorded as provided in Article 77. The creditors of
the spouse who made such waiver may petition the court to
Donations of future property shall be governed by the rescind the waiver to the extent of the amount sufficient to
provisions on testamentary succession and the formalities of cover the amount of their credits. (146a)
wills. (130a)
Art. 90. The provisions on co-ownership shall apply to the
Art. 85. Donations by reason of marriage of property subject absolute community of property between the spouses in all
to encumbrances shall be valid. In case of foreclosure of the matters not provided for in this Chapter. (n)
encumbrance and the property is sold for less than the total
amount of the obligation secured, the donee shall not be Section 2. What Constitutes Community Property
liable for the deficiency. If the property is sold for more than Art. 91. Unless otherwise provided in this Chapter or in the
the total amount of said obligation, the donee shall be marriage settlements, the community property shall consist
entitled to the excess. (131a) of all the property owned by the spouses at the time of the
Art. 86. A donation by reason of marriage may be revoked by celebration of the marriage or acquired thereafter. (197a)
the donor in the following cases: Art. 92. The following shall be excluded from the community
property:
(1) Property acquired during the marriage by gratuitous title insufficiency of the exclusive property of the debtor-
by either spouse, and the fruits as well as the income thereof, spouse, the payment of which shall be considered as
if any, unless it is expressly provided by the donor, testator or advances to be deducted from the share of the
grantor that they shall form part of the community property; debtor-spouse upon liquidation of the community;
and
(2) Property for personal and exclusive use of either spouse.
However, jewelry shall form part of the community property; (10) Expenses of litigation between the spouses
unless the suit is found to be groundless.
(3) Property acquired before the marriage by either spouse
who has legitimate descendants by a former marriage, and If the community property is insufficient to cover the
the fruits as well as the income, if any, of such property. foregoing liabilities, except those falling under paragraph (9),
(201a) the spouses shall be solidarily liable for the unpaid balance
with their separate properties. (161a, 162a, 163a, 202a-205a)
Art. 93. Property acquired during the marriage is presumed to
belong to the community, unless it is proved that it is one of Art. 95. Whatever may be lost during the marriage in any
those excluded therefrom. (160) game of chance, betting, sweepstakes, or any other kind of
gambling, whether permitted or prohibited by law, shall be
Section 3. Charges and Obligations of the Absolute borne by the loser and shall not be charged to the community
Community but any winnings therefrom shall form part of the community
Art. 94. The absolute community of property shall be liable property. (164a)
for: Section 4. Ownership, Administrative, Enjoyment and
(1) The support of the spouses, their common Disposition of the Community Property
children, and legitimate children of either spouse; Art. 96. The administration and enjoyment of the community
however, the support of illegitimate children shall be property shall belong to both spouses jointly. In case of
governed by the provisions of this Code on Support; disagreement, the husband's decision shall prevail, subject to
(2) All debts and obligations contracted during the recourse to the court by the wife for proper remedy, which
marriage by the designated administrator-spouse for must be availed of within five years from the date of the
the benefit of the community, or by both spouses, or contract implementing such decision.
by one spouse with the consent of the other; In the event that one spouse is incapacitated or otherwise
(3) Debts and obligations contracted by either unable to participate in the administration of the common
spouse without the consent of the other to the properties, the other spouse may assume sole powers of
extent that the family may have been benefited; administration. These powers do not include disposition or
encumbrance without authority of the court or the written
(4) All taxes, liens, charges and expenses, including consent of the other spouse. In the absence of such authority
major or minor repairs, upon the community or consent, the disposition or encumbrance shall be void.
property; However, the transaction shall be construed as a continuing
offer on the part of the consenting spouse and the third
(5) All taxes and expenses for mere preservation person, and may be perfected as a binding contract upon the
made during marriage upon the separate property of acceptance by the other spouse or authorization by the court
either spouse used by the family; before the offer is withdrawn by either or both offerors.
(6) Expenses to enable either spouse to commence (206a)
or complete a professional or vocational course, or Art. 97. Either spouse may dispose by will of his or her
other activity for self-improvement; interest in the community property. (n)
(7) Antenuptial debts of either spouse insofar as they Art. 98. Neither spouse may donate any community property
have redounded to the benefit of the family; without the consent of the other. However, either spouse
(8) The value of what is donated or promised by both may, without the consent of the other, make moderate
spouses in favor of their common legitimate children donations from the community property for charity or on
for the exclusive purpose of commencing or occasions of family rejoicing or family distress. (n)
completing a professional or vocational course or Section 5. Dissolution of Absolute Community Regime
other activity for self-improvement;
Art. 99. The absolute community terminates:
(9) Antenuptial debts of either spouse other than
those falling under paragraph (7) of this Article, the (1) Upon the death of either spouse;
support of illegitimate children of either spouse, and
liabilities incurred by either spouse by reason of a (2) When there is a decree of legal separation;
crime or a quasi-delict, in case of absence or
(3) When the marriage is annulled or declared void; (3) Whatever remains of the exclusive properties of
or the spouses shall thereafter be delivered to each of
them.
(4) In case of judicial separation of property during
the marriage under Article 134 to 138. (175a) (4) The net remainder of the properties of the
absolute community shall constitute its net assets,
Art. 100. The separation in fact between husband and wife which shall be divided equally between husband and
shall not affect the regime of absolute community except wife, unless a different proportion or division was
that: agreed upon in the marriage settlements, or unless
(1) The spouse who leaves the conjugal home or there has been a voluntary waiver of such share
refuses to live therein, without just cause, shall not provided in this Code. For purpose of computing the
have the right to be supported; net profits subject to forfeiture in accordance with
Articles 43, No. (2) and 63, No. (2), the said profits
(2) When the consent of one spouse to any shall be the increase in value between the market
transaction of the other is required by law, judicial value of the community property at the time of the
authorization shall be obtained in a summary celebration of the marriage and the market value at
proceeding; the time of its dissolution.
(3) In the absence of sufficient community property, (5) The presumptive legitimes of the common
the separate property of both spouses shall be children shall be delivered upon partition, in
solidarily liable for the support of the family. The accordance with Article 51.
spouse present shall, upon proper petition in a
summary proceeding, be given judicial authority to (6) Unless otherwise agreed upon by the parties, in
administer or encumber any specific separate the partition of the properties, the conjugal dwelling
property of the other spouse and use the fruits or and the lot on which it is situated shall be
proceeds thereof to satisfy the latter's share. (178a) adjudicated to the spouse with whom the majority
of the common children choose to remain. Children
Art. 101. If a spouse without just cause abandons the other or below the age of seven years are deemed to have
fails to comply with his or her obligations to the family, the chosen the mother, unless the court has decided
aggrieved spouse may petition the court for receivership, for otherwise. In case there in no such majority, the
judicial separation of property or for authority to be the sole court shall decide, taking into consideration the best
administrator of the absolute community, subject to such interests of said children. (n)
precautionary conditions as the court may impose.
Art. 103. Upon the termination of the marriage by death, the
The obligations to the family mentioned in the preceding community property shall be liquidated in the same
paragraph refer to marital, parental or property relations. proceeding for the settlement of the estate of the deceased.
A spouse is deemed to have abandoned the other when her If no judicial settlement proceeding is instituted, the surviving
or she has left the conjugal dwelling without intention of spouse shall liquidate the community property either
returning. The spouse who has left the conjugal dwelling for a judicially or extra-judicially within six months from the death
period of three months or has failed within the same period of the deceased spouse. If upon the lapse of the six months
to give any information as to his or her whereabouts shall be period, no liquidation is made, any disposition or
prima facie presumed to have no intention of returning to the encumbrance involving the community property of the
conjugal dwelling. (178a) terminated marriage shall be void.
Section 6. Liquidation of the Absolute Community Assets Should the surviving spouse contract a subsequent marriage
and Liabilities without compliance with the foregoing requirements, a
mandatory regime of complete separation of property shall
Art. 102. Upon dissolution of the absolute community regime, govern the property relations of the subsequent marriage. (n)
the following procedure shall apply:
Art. 104. Whenever the liquidation of the community
(1) An inventory shall be prepared, listing separately properties of two or more marriages contracted by the same
all the properties of the absolute community and the person before the effectivity of this Code is carried out
exclusive properties of each spouse. simultaneously, the respective capital, fruits and income of
(2) The debts and obligations of the absolute each community shall be determined upon such proof as may
community shall be paid out of its assets. In case of be considered according to the rules of evidence. In case of
insufficiency of said assets, the spouses shall be doubt as to which community the existing properties belong,
solidarily liable for the unpaid balance with their the same shall be divided between the different communities
separate properties in accordance with the in proportion to the capital and duration of each. (189a)
provisions of the second paragraph of Article 94. Chapter 4. Conjugal Partnership of Gains
Section 1. General Provisions Art. 112. The alienation of any exclusive property of a spouse
administered by the other automatically terminates the
Art. 105. In case the future spouses agree in the marriage administration over such property and the proceeds of the
settlements that the regime of conjugal partnership gains alienation shall be turned over to the owner-spouse. (n)
shall govern their property relations during marriage, the
provisions in this Chapter shall be of supplementary Art. 113. Property donated or left by will to the spouses,
application. jointly and with designation of determinate shares, shall
pertain to the donee-spouses as his or her own exclusive
The provisions of this Chapter shall also apply to conjugal property, and in the absence of designation, share and share
partnerships of gains already established between spouses alike, without prejudice to the right of accretion when proper.
before the effectivity of this Code, without prejudice to (150a)
vested rights already acquired in accordance with the Civil
Code or other laws, as provided in Article 256. (n) Art. 114. If the donations are onerous, the amount of the
charges shall be borne by the exclusive property of the donee
Art. 106. Under the regime of conjugal partnership of gains, spouse, whenever they have been advanced by the conjugal
the husband and wife place in a common fund the proceeds, partnership of gains. (151a)
products, fruits and income from their separate properties
and those acquired by either or both spouses through their Art. 115. Retirement benefits, pensions, annuities, gratuities,
efforts or by chance, and, upon dissolution of the marriage or usufructs and similar benefits shall be governed by the rules
of the partnership, the net gains or benefits obtained by on gratuitous or onerous acquisitions as may be proper in
either or both spouses shall be divided equally between each case. (n)
them, unless otherwise agreed in the marriage settlements.
(142a) Section 3. Conjugal Partnership Property

Art. 107. The rules provided in Articles 88 and 89 shall also Art. 116. All property acquired during the marriage, whether
apply to conjugal partnership of gains. (n) the acquisition appears to have been made, contracted or
registered in the name of one or both spouses, is presumed
Art. 108. The conjugal partnership shall be governed by the to be conjugal unless the contrary is proved. (160a)
rules on the contract of partnership in all that is not in conflict
with what is expressly determined in this Chapter or by the Art. 117. The following are conjugal partnership properties:
spouses in their marriage settlements. (147a) (1) Those acquired by onerous title during the
Section 2. Exclusive Property of Each Spouse marriage at the expense of the common fund,
whether the acquisition be for the partnership, or
Art. 109. The following shall be the exclusive property of each for only one of the spouses;
spouse:
(2) Those obtained from the labor, industry, work or
(1) That which is brought to the marriage as his or profession of either or both of the spouses;
her own;
(3) The fruits, natural, industrial, or civil, due or
(2) That which each acquires during the marriage by received during the marriage from the common
gratuitous title; property, as well as the net fruits from the exclusive
property of each spouse;
(3) That which is acquired by right of redemption, by
barter or by exchange with property belonging to (4) The share of either spouse in the hidden treasure
only one of the spouses; and which the law awards to the finder or owner of the
property where the treasure is found;
(4) That which is purchased with exclusive money of
the wife or of the husband. (148a) (5) Those acquired through occupation such as
fishing or hunting;
Art. 110. The spouses retain the ownership, possession,
administration and enjoyment of their exclusive properties. (6) Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
Either spouse may, during the marriage, transfer the brought to the marriage by either spouse; and
administration of his or her exclusive property to the other by
means of a public instrument, which shall be recorded in the (7) Those which are acquired by chance, such as
registry of property of the place the property is located. winnings from gambling or betting. However, losses
(137a, 168a, 169a) therefrom shall be borne exclusively by the loser-
spouse. (153a, 154a, 155, 159)
Art. 111. A spouse of age may mortgage, encumber, alienate
or otherwise dispose of his or her exclusive property, without Art. 118. Property bought on installments paid partly from
the consent of the other spouse, and appear alone in court to exclusive funds of either or both spouses and partly from
litigate with regard to the same. (n) conjugal funds belongs to the buyer or buyers if full
ownership was vested before the marriage and to the (5) All taxes and expenses for mere preservation
conjugal partnership if such ownership was vested during the made during the marriage upon the separate
marriage. In either case, any amount advanced by the property of either spouse;
partnership or by either or both spouses shall be reimbursed
by the owner or owners upon liquidation of the partnership. (6) Expenses to enable either spouse to commence
(n) or complete a professional, vocational, or other
activity for self-improvement;
Art. 119. Whenever an amount or credit payable within a
period of time belongs to one of the spouses, the sums which (7) Antenuptial debts of either spouse insofar as they
may be collected during the marriage in partial payments or have redounded to the benefit of the family;
by installments on the principal shall be the exclusive (8) The value of what is donated or promised by both
property of the spouse. However, interests falling due during spouses in favor of their common legitimate children
the marriage on the principal shall belong to the conjugal for the exclusive purpose of commencing or
partnership. (156a, 157a) completing a professional or vocational course or
Art. 120. The ownership of improvements, whether for utility other activity for self-improvement; and
or adornment, made on the separate property of the spouses (9) Expenses of litigation between the spouses unless
at the expense of the partnership or through the acts or the suit is found to groundless.
efforts of either or both spouses shall pertain to the conjugal
partnership, or to the original owner-spouse, subject to the If the conjugal partnership is insufficient to cover the
following rules: foregoing liabilities, the spouses shall be solidarily liable for
the unpaid balance with their separate properties. (161a)
When the cost of the improvement made by the conjugal
partnership and any resulting increase in value are more than Art. 122. The payment of personal debts contracted by the
the value of the property at the time of the improvement, the husband or the wife before or during the marriage shall not
entire property of one of the spouses shall belong to the be charged to the conjugal properties partnership except
conjugal partnership, subject to reimbursement of the value insofar as they redounded to the benefit of the family.
of the property of the owner-spouse at the time of the
improvement; otherwise, said property shall be retained in Neither shall the fines and pecuniary indemnities imposed
ownership by the owner-spouse, likewise subject to upon them be charged to the partnership.
reimbursement of the cost of the improvement. However, the payment of personal debts contracted by either
In either case, the ownership of the entire property shall be spouse before the marriage, that of fines and indemnities
vested upon the reimbursement, which shall be made at the imposed upon them, as well as the support of illegitimate
time of the liquidation of the conjugal partnership. (158a) children of either spouse, may be enforced against the
partnership assets after the responsibilities enumerated in
Section 4. Charges Upon and Obligations of the Conjugal the preceding Article have been covered, if the spouse who is
Partnership bound should have no exclusive property or if it should be
insufficient; but at the time of the liquidation of the
Art. 121. The conjugal partnership shall be liable for: partnership, such spouse shall be charged for what has been
(1) The support of the spouse, their common paid for the purpose above-mentioned. (163a)
children, and the legitimate children of either Art. 123. Whatever may be lost during the marriage in any
spouse; however, the support of illegitimate children game of chance or in betting, sweepstakes, or any other kind
shall be governed by the provisions of this Code on of gambling whether permitted or prohibited by law, shall be
Support; borne by the loser and shall not be charged to the conjugal
(2) All debts and obligations contracted during the partnership but any winnings therefrom shall form part of the
marriage by the designated administrator-spouse for conjugal partnership property. (164a)
the benefit of the conjugal partnership of gains, or Section 5. Administration of the Conjugal Partnership
by both spouses or by one of them with the consent Property
of the other;
Art. 124. The administration and enjoyment of the conjugal
(3) Debts and obligations contracted by either partnership shall belong to both spouses jointly. In case of
spouse without the consent of the other to the disagreement, the husband's decision shall prevail, subject to
extent that the family may have benefited; recourse to the court by the wife for proper remedy, which
(4) All taxes, liens, charges, and expenses, including must be availed of within five years from the date of the
major or minor repairs upon the conjugal contract implementing such decision.
partnership property; In the event that one spouse is incapacitated or otherwise
unable to participate in the administration of the conjugal
properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or A spouse is deemed to have abandoned the other when he or
encumbrance without authority of the court or the written she has left the conjugal dwelling without intention of
consent of the other spouse. In the absence of such authority returning. The spouse who has left the conjugal dwelling for a
or consent, the disposition or encumbrance shall be void. period of three months or has failed within the same period
However, the transaction shall be construed as a continuing to give any information as to his or her whereabouts shall be
offer on the part of the consenting spouse and the third prima facie presumed to have no intention of returning to the
person, and may be perfected as a binding contract upon the conjugal dwelling. (167a, 191a)
acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either or both offerors. Section 7. Liquidation of the Conjugal Partnership Assets
(165a) and Liabilities

Art. 125. Neither spouse may donate any conjugal Art. 129. Upon the dissolution of the conjugal partnership
partnership property without the consent of the other. regime, the following procedure shall apply:
However, either spouse may, without the consent of the (1) An inventory shall be prepared, listing separately
other, make moderate donations from the conjugal all the properties of the conjugal partnership and the
partnership property for charity or on occasions of family exclusive properties of each spouse.
rejoicing or family distress. (174a)
(2) Amounts advanced by the conjugal partnership in
Section 6. Dissolution of Conjugal Partnership Regime payment of personal debts and obligations of either
Art. 126. The conjugal partnership terminates: spouse shall be credited to the conjugal partnership
as an asset thereof.
(1) Upon the death of either spouse;
(3) Each spouse shall be reimbursed for the use of
(2) When there is a decree of legal separation; his or her exclusive funds in the acquisition of
property or for the value of his or her exclusive
(3) When the marriage is annulled or declared void; property, the ownership of which has been vested by
or law in the conjugal partnership.
(4) In case of judicial separation of property during (4) The debts and obligations of the conjugal
the marriage under Articles 134 to 138 (175a) partnership shall be paid out of the conjugal assets.
Art. 127. The separation in fact between husband and wife In case of insufficiency of said assets, the spouses
shall not affect the regime of conjugal partnership, except shall be solidarily liable for the unpaid balance with
that: their separate properties, in accordance with the
provisions of paragraph (2) of Article 121.
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not (5) Whatever remains of the exclusive properties of
have the right to be supported; the spouses shall thereafter be delivered to each of
them.
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial (6) Unless the owner had been indemnified from
authorization shall be obtained in a summary whatever source, the loss or deterioration of
proceeding; movables used for the benefit of the family,
belonging to either spouse, even due to fortuitous
(3) In the absence of sufficient conjugal partnership event, shall be paid to said spouse from the conjugal
property, the separate property of both spouses funds, if any.
shall be solidarily liable for the support of the family.
The spouse present shall, upon petition in a (7) The net remainder of the conjugal partnership
summary proceeding, be given judicial authority to properties shall constitute the profits, which shall be
administer or encumber any specific separate divided equally between husband and wife, unless a
property of the other spouse and use the fruits or different proportion or division was agreed upon in
proceeds thereof to satisfy the latter's share. (178a) the marriage settlements or unless there has been a
voluntary waiver or forfeiture of such share as
Art. 128. If a spouse without just cause abandons the other or provided in this Code.
fails to comply with his or her obligation to the family, the
aggrieved spouse may petition the court for receivership, for (8) The presumptive legitimes of the common
judicial separation of property, or for authority to be the sole children shall be delivered upon the partition in
administrator of the conjugal partnership property, subject to accordance with Article 51.
such precautionary conditions as the court may impose. (9) In the partition of the properties, the conjugal
The obligations to the family mentioned in the preceding dwelling and the lot on which it is situated shall,
paragraph refer to marital, parental or property relations. unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority (1) That the spouse of the petitioner has been
of the common children choose to remain. Children sentenced to a penalty which carries with it civil
below the age of seven years are deemed to have interdiction;
chosen the mother, unless the court has decided
otherwise. In case there is no such majority, the (2) That the spouse of the petitioner has been
court shall decide, taking into consideration the best judicially declared an absentee;
interests of said children. (181a, 182a, 183a, 184a, (3) That loss of parental authority of the spouse of
185a) petitioner has been decreed by the court;
Art. 130. Upon the termination of the marriage by death, the (4) That the spouse of the petitioner has abandoned
conjugal partnership property shall be liquidated in the same the latter or failed to comply with his or her
proceeding for the settlement of the estate of the deceased. obligations to the family as provided for in Article
If no judicial settlement proceeding is instituted, the surviving 101;
spouse shall liquidate the conjugal partnership property (5) That the spouse granted the power of
either judicially or extra-judicially within six months from the administration in the marriage settlements has
death of the deceased spouse. If upon the lapse of the six- abused that power; and
month period no liquidation is made, any disposition or
encumbrance involving the conjugal partnership property of (6) That at the time of the petition, the spouses have
the terminated marriage shall be void. been separated in fact for at least one year and
reconciliation is highly improbable.
Should the surviving spouse contract a subsequent marriage
without compliance with the foregoing requirements, a In the cases provided for in Numbers (1), (2) and (3), the
mandatory regime of complete separation of property shall presentation of the final judgment against the guilty or
govern the property relations of the subsequent marriage. (n) absent spouse shall be enough basis for the grant of the
decree of judicial separation of property. (191a)
Art. 131. Whenever the liquidation of the conjugal
partnership properties of two or more marriages contracted Art. 136. The spouses may jointly file a verified petition with
by the same person before the effectivity of this Code is the court for the voluntary dissolution of the absolute
carried out simultaneously, the respective capital, fruits and community or the conjugal partnership of gains, and for the
income of each partnership shall be determined upon such separation of their common properties.
proof as may be considered according to the rules of
evidence. In case of doubt as to which partnership the All creditors of the absolute community or of the conjugal
existing properties belong, the same shall be divided between partnership of gains, as well as the personal creditors of the
the different partnerships in proportion to the capital and spouse, shall be listed in the petition and notified of the filing
duration of each. (189a) thereof. The court shall take measures to protect the
creditors and other persons with pecuniary interest. (191a)
Art. 132. The Rules of Court on the administration of estates
of deceased persons shall be observed in the appraisal and Art. 137. Once the separation of property has been decreed,
sale of property of the conjugal partnership, and other the absolute community or the conjugal partnership of gains
matters which are not expressly determined in this Chapter. shall be liquidated in conformity with this Code.
(187a) During the pendency of the proceedings for separation of
Art. 133. From the common mass of property support shall be property, the absolute community or the conjugal
given to the surviving spouse and to the children during the partnership shall pay for the support of the spouses and their
liquidation of the inventoried property and until what belongs children. (192a)
to them is delivered; but from this shall be deducted that Art. 138. After dissolution of the absolute community or of
amount received for support which exceeds the fruits or rents the conjugal partnership, the provisions on complete
pertaining to them. (188a) separation of property shall apply. (191a)
Chapter 5. Separation of Property of the Spouses and Art. 139. The petition for separation of property and the final
Administration of Common Property by One Spouse During judgment granting the same shall be recorded in the proper
the Marriage local civil registries and registries of property. (193a)
Art. 134. In the absence of an express declaration in the Art. 140. The separation of property shall not prejudice the
marriage settlements, the separation of property between rights previously acquired by creditors. (194a)
spouses during the marriage shall not take place except by
judicial order. Such judicial separation of property may either Art. 141. The spouses may, in the same proceedings where
be voluntary or for sufficient cause. (190a) separation of property was decreed, file a motion in court for
a decree reviving the property regime that existed between
Art. 135. Any of the following shall be considered sufficient
cause for judicial separation of property:
them before the separation of property in any of the case, the property not agreed upon as separate shall pertain
following instances: to the absolute community. (213a)

(1) When the civil interdiction terminates; Art. 145. Each spouse shall own, dispose of, possess,
administer and enjoy his or her own separate estate, without
(2) When the absentee spouse reappears; need of the consent of the other. To each spouse shall belong
(3) When the court, being satisfied that the spouse all earnings from his or her profession, business or industry
granted the power of administration in the marriage and all fruits, natural, industrial or civil, due or received
settlements will not again abuse that power, during the marriage from his or her separate property. (214a)
authorizes the resumption of said administration; Art. 146. Both spouses shall bear the family expenses in
(4) When the spouse who has left the conjugal home proportion to their income, or, in case of insufficiency or
without a decree of legal separation resumes default thereof, to the current market value of their separate
common life with the other; properties.

(5) When parental authority is judicially restored to The liabilities of the spouses to creditors for family expenses
the spouse previously deprived thereof; shall, however, be solidary. (215a)

(6) When the spouses who have separated in fact for Chapter 7. Property Regime of Unions Without Marriage
at least one year, reconcile and resume common life; Art. 147. When a man and a woman who are capacitated to
or marry each other, live exclusively with each other as husband
(7) When after voluntary dissolution of the absolute and wife without the benefit of marriage or under a void
community of property or conjugal partnership has marriage, their wages and salaries shall be owned by them in
been judicially decreed upon the joint petition of the equal shares and the property acquired by both of them
spouses, they agree to the revival of the former through their work or industry shall be governed by the rules
property regime. No voluntary separation of on co-ownership.
property may thereafter be granted. In the absence of proof to the contrary, properties acquired
The revival of the former property regime shall be governed while they lived together shall be presumed to have been
by Article 67. (195a) obtained by their joint efforts, work or industry, and shall be
owned by them in equal shares. For purposes of this Article, a
Art. 142. The administration of all classes of exclusive party who did not participate in the acquisition by the other
property of either spouse may be transferred by the court to party of any property shall be deemed to have contributed
the other spouse: jointly in the acquisition thereof if the former's efforts
consisted in the care and maintenance of the family and of
(1) When one spouse becomes the guardian of the the household.
other;
Neither party can encumber or dispose by acts inter vivos of
(2) When one spouse is judicially declared an his or her share in the property acquired during cohabitation
absentee; and owned in common, without the consent of the other,
(3) When one spouse is sentenced to a penalty until after the termination of their cohabitation.
which carries with it civil interdiction; or When only one of the parties to a void marriage is in good
(4) When one spouse becomes a fugitive from justice faith, the share of the party in bad faith in the co-ownership
or is in hiding as an accused in a criminal case. shall be forfeited in favor of their common children. In case of
default of or waiver by any or all of the common children or
If the other spouse is not qualified by reason of their descendants, each vacant share shall belong to the
incompetence, conflict of interest, or any other just cause, respective surviving descendants. In the absence of
the court shall appoint a suitable person to be the descendants, such share shall belong to the innocent party. In
administrator. (n) all cases, the forfeiture shall take place upon termination of
the cohabitation. (144a)
Chapter 6. Regime of Separation of Property
Art. 148. In cases of cohabitation not falling under the
Art. 143. Should the future spouses agree in the marriage
preceding Article, only the properties acquired by both of the
settlements that their property relations during marriage
parties through their actual joint contribution of money,
shall be governed by the regime of separation of property,
property, or industry shall be owned by them in common in
the provisions of this Chapter shall be suppletory. (212a)
proportion to their respective contributions. In the absence
Art. 144. Separation of property may refer to present or of proof to the contrary, their contributions and
future property or both. It may be total or partial. In the latter corresponding shares are presumed to be equal. The same
rule and presumption shall apply to joint deposits of money
and evidences of credit.
If one of the parties is validly married to another, his or her who depend upon the head of the family for legal
share in the co-ownership shall accrue to the absolute support. (226a)
community or conjugal partnership existing in such valid
marriage. If the party who acted in bad faith is not validly Art. 155. The family home shall be exempt from execution,
married to another, his or her shall be forfeited in the manner forced sale or attachment except:
provided in the last paragraph of the preceding Article. (1) For nonpayment of taxes;
The foregoing rules on forfeiture shall likewise apply even if (2) For debts incurred prior to the constitution of the
both parties are in both faith. (144a) family home;
TITLE V (3) For debts secured by mortgages on the premises
THE FAMILY before or after such constitution; and

Chapter 1. The Family as an Institution (4) For debts due to laborers, mechanics, architects,
builders, materialmen and others who have
Art. 149. The family, being the foundation of the nation, is a rendered service or furnished material for the
basic social institution which public policy cherishes and construction of the building. (243a)
protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the Art. 156. The family home must be part of the properties of
family shall be recognized or given effect. (216a, 218a) the absolute community or the conjugal partnership, or of the
exclusive properties of either spouse with the latter's
Art. 50. Family relations include those: consent. It may also be constituted by an unmarried head of a
(1) Between husband and wife; family on his or her own property.

(2) Between parents and children; Nevertheless, property that is the subject of a conditional sale
on installments where ownership is reserved by the vendor
(3) Among brothers and sisters, whether of the full only to guarantee payment of the purchase price may be
or halfblood. (217a) constituted as a family home. (227a, 228a)

Art. 151. No suit between members of the same family shall Art. 157. The actual value of the family home shall not
prosper unless it should appear from the verified complaint exceed, at the time of its constitution, the amount of the
or petition that earnest efforts toward a compromise have three hundred thousand pesos in urban areas, and two
been made, but that the same have failed. If it is shown that hundred thousand pesos in rural areas, or such amounts as
no such efforts were in fact made, the same case must be may hereafter be fixed by law.
dismissed.
In any event, if the value of the currency changes after the
This rules shall not apply to cases which may not be the adoption of this Code, the value most favorable for the
subject of compromise under the Civil Code. (222a) constitution of a family home shall be the basis of evaluation.

Chapter 2. The Family Home For purposes of this Article, urban areas are deemed to
include chartered cities and municipalities whose annual
Art. 152. The family home, constituted jointly by the husband income at least equals that legally required for chartered
and the wife or by an unmarried head of a family, is the cities. All others are deemed to be rural areas. (231a)
dwelling house where they and their family reside, and the
land on which it is situated. (223a) Art. 158. The family home may be sold, alienated, donated,
assigned or encumbered by the owner or owners thereof
Art. 153. The family home is deemed constituted on a house with the written consent of the person constituting the same,
and lot from the time it is occupied as a family residence. the latter's spouse, and a majority of the beneficiaries of legal
From the time of its constitution and so long as any of its age. In case of conflict, the court shall decide. (235a)
beneficiaries actually resides therein, the family home
continues to be such and is exempt from execution, forced Art. 159. The family home shall continue despite the death of
sale or attachment except as hereinafter provided and to the one or both spouses or of the unmarried head of the family
extent of the value allowed by law. (223a) for a period of ten years or for as long as there is a minor
beneficiary, and the heirs cannot partition the same unless
Art. 154. The beneficiaries of a family home are: the court finds compelling reasons therefor. This rule shall
(1) The husband and wife, or an unmarried person apply regardless of whoever owns the property or constituted
who is the head of a family; and the family home. (238a)

(2) Their parents, ascendants, descendants, brothers Art. 160. When a creditor whose claims is not among those
and sisters, whether the relationship be legitimate or mentioned in Article 155 obtains a judgment in his favor, and
illegitimate, who are living in the family home and he has reasonable grounds to believe that the family home is
actually worth more than the maximum amount fixed in
Article 157, he may apply to the court which rendered the (b) the fact that the husband and wife were
judgment for an order directing the sale of the property living separately in such a way that sexual
under execution. The court shall so order if it finds that the intercourse was not possible; or
actual value of the family home exceeds the maximum
amount allowed by law as of the time of its constitution. If (c) serious illness of the husband, which
the increased actual value exceeds the maximum allowed in absolutely prevented sexual intercourse;
Article 157 and results from subsequent voluntary (2) That it is proved that for biological or other
improvements introduced by the person or persons scientific reasons, the child could not have been that
constituting the family home, by the owner or owners of the of the husband, except in the instance provided in
property, or by any of the beneficiaries, the same rule and the second paragraph of Article 164; or
procedure shall apply.
(3) That in case of children conceived through
At the execution sale, no bid below the value allowed for a artificial insemination, the written authorization or
family home shall be considered. The proceeds shall be ratification of either parent was obtained through
applied first to the amount mentioned in Article 157, and mistake, fraud, violence, intimidation, or undue
then to the liabilities under the judgment and the costs. The influence. (255a)
excess, if any, shall be delivered to the judgment debtor.
(247a, 248a) Art. 167. The child shall be considered legitimate although the
mother may have declared against its legitimacy or may have
Art. 161. For purposes of availing of the benefits of a family been sentenced as an adulteress. (256a)
home as provided for in this Chapter, a person may
constitute, or be the beneficiary of, only one family home. (n) Art. 168. If the marriage is terminated and the mother
contracted another marriage within three hundred days after
Art. 162. The provisions in this Chapter shall also govern such termination of the former marriage, these rules shall
existing family residences insofar as said provisions are govern in the absence of proof to the contrary:
applicable. (n)
(1) A child born before one hundred eighty days
TITLE VI after the solemnization of the subsequent marriage
PATERNITY AND FILIATION is considered to have been conceived during the
former marriage, provided it be born within three
Chapter 1. Legitimate Children hundred days after the termination of the former
Art. 163. The filiation of children may be by nature or by marriage;
adoption. Natural filiation may be legitimate or illegitimate. (2) A child born after one hundred eighty days
(n) following the celebration of the subsequent
Art. 164. Children conceived or born during the marriage of marriage is considered to have been conceived
the parents are legitimate. during such marriage, even though it be born within
the three hundred days after the termination of the
Children conceived as a result of artificial insemination of the former marriage. (259a)
wife with the sperm of the husband or that of a donor or both
are likewise legitimate children of the husband and his wife, Art. 169. The legitimacy or illegitimacy of a child born after
provided, that both of them authorized or ratified such three hundred days following the termination of the marriage
insemination in a written instrument executed and signed by shall be proved by whoever alleges such legitimacy or
them before the birth of the child. The instrument shall be illegitimacy. (261a)
recorded in the civil registry together with the birth Art. 170. The action to impugn the legitimacy of the child shall
certificate of the child. (55a, 258a) be brought within one year from the knowledge of the birth
Art. 165. Children conceived and born outside a valid or its recording in the civil register, if the husband or, in a
marriage are illegitimate, unless otherwise provided in this proper case, any of his heirs, should reside in the city or
Code. (n) municipality where the birth took place or was recorded.

Art. 166. Legitimacy of a child may be impugned only on the If the husband or, in his default, all of his heirs do not reside
following grounds: at the place of birth as defined in the first paragraph or where
it was recorded, the period shall be two years if they should
(1) That it was physically impossible for the husband reside in the Philippines; and three years if abroad. If the
to have sexual intercourse with his wife within the birth of the child has been concealed from or was unknown
first 120 days of the 300 days which immediately to the husband or his heirs, the period shall be counted from
preceded the birth of the child because of: the discovery or knowledge of the birth of the child or of the
fact of registration of said birth, whichever is earlier. (263a)
(a) the physical incapacity of the husband to
have sexual intercourse with his wife;
Art. 171. The heirs of the husband may impugn the filiation of Art. 176. Illegitimate children shall use the surname and shall
the child within the period prescribed in the preceding article be under the parental authority of their mother, and shall be
only in the following cases: entitled to support in conformity with this Code. The legitime
of each illegitimate child shall consist of one-half of the
(1) If the husband should died before the expiration legitime of a legitimate child. Except for this modification, all
of the period fixed for bringing his action; other provisions in the Civil Code governing successional
(2) If he should die after the filing of the complaint rights shall remain in force. (287a)
without having desisted therefrom; or Chapter 4. Legitimated Children
(3) If the child was born after the death of the Art. 177. Only children conceived and born outside of
husband. (262a) wedlock of parents who, at the time of the conception of the
Chapter 2. Proof of Filiation former, were not disqualified by any impediment to marry
each other may be legitimated. (269a)
Art. 172. The filiation of legitimate children is established by
any of the following: Art. 178. Legitimation shall take place by a subsequent valid
marriage between parents. The annulment of a viodable
(1) The record of birth appearing in the civil register marriage shall not affect the legitimation. (270a)
or a final judgment; or
Art. 179. Legitimated children shall enjoy the same rights as
(2) An admission of legitimate filiation in a public legitimate children. (272a)
document or a private handwritten instrument and
signed by the parent concerned. Art. 180. The effects of legitimation shall retroact to the time
of the child's birth. (273a)
In the absence of the foregoing evidence, the legitimate
filiation shall be proved by: Art. 181. The legitimation of children who died before the
celebration of the marriage shall benefit their descendants.
(1) The open and continuous possession of the status (274)
of a legitimate child; or
Art. 182. Legitimation may be impugned only by those who
(2) Any other means allowed by the Rules of Court are prejudiced in their rights, within five years from the time
and special laws. (265a, 266a, 267a) their cause of action accrues. (275a)
Art. 173. The action to claim legitimacy may be brought by
the child during his or her lifetime and shall be transmitted to
the heirs should the child die during minority or in a state of TITLE VIII
insanity. In these cases, the heirs shall have a period of five SUPPORT
years within which to institute the action. Art. 194. Support compromises everything indispensable for
Art. 174. Legitimate children shall have the right: sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the financial
(1) To bear the surnames of the father and the capacity of the family.
mother, in conformity with the provisions of the Civil
Code on Surnames; The education of the person entitled to be supported
referred to in the preceding paragraph shall include his
(2) To receive support from their parents, their schooling or training for some profession, trade or vocation,
ascendants, and in proper cases, their brothers and even beyond the age of majority. Transportation shall include
sisters, in conformity with the provisions of this Code expenses in going to and from school, or to and from place of
on Support; and work. (290a)
(3) To be entitled to the legitimate and other Art. 105. Subject to the provisions of the succeeding articles,
successional rights granted to them by the Civil the following are obliged to support each other to the whole
Code. (264a) extent set forth in the preceding article:
Chapter 3. Illegitimate Children (1) The spouses;
Art. 175. Illegitimate children may establish their illegitimate (2) Legitimate ascendants and descendants;
filiation in the same way and on the same evidence as
legitimate children. (3) Parents and their legitimate children and the
legitimate and illegitimate children of the latter;
The action must be brought within the same period specified
in Article 173, except when the action is based on the second (4) Parents and their illegitimate children and the
paragraph of Article 172, in which case the action may be legitimate and illegitimate children of the latter; and
brought during the lifetime of the alleged parent. (289a)
(5) Legitimate brothers and sisters, whether of full or or means of the giver and to the necessities of the recipient.
half-blood (291a) (296a)

Art. 196. Brothers and sisters not legitimately related, Art. 202. Support in the cases referred to in the preceding
whether of the full or half-blood, are likewise bound to article shall be reduced or increased proportionately,
support each other to the full extent set forth in Article 194, according to the reduction or increase of the necessities of
except only when the need for support of the brother or the recipient and the resources or means of the person
sister, being of age, is due to a cause imputable to the obliged to furnish the same. (297a)
claimant's fault or negligence. (291a)
Art. 203. The obligation to give support shall be demandable
Art. 197. In case of legitimate ascendants; descendants, from the time the person who has a right to receive the same
whether legitimate or illegitimate; and brothers and sisters, needs it for maintenance, but it shall not be paid except from
whether legitimately or illegitimately related, only the the date of judicial or extrajudicial demand.
separate property of the person obliged to give support shall
be answerable provided that in case the obligor has no Support pendente lite may be claimed in accordance with the
separate property, the absolute community or the conjugal Rules of Court.
partnership, if financially capable, shall advance the support, Payment shall be made within the first five days of each
which shall be deducted from the share of the spouse obliged corresponding month or when the recipient dies, his heirs
upon the liquidation of the absolute community or of the shall not be obliged to return what he has received in
conjugal partnership. (n) advance. (298a)
Art. 198. During the proceedings for legal separation or for Art. 204. The person obliged to give support shall have the
annulment of marriage, and for declaration of nullity of option to fulfill the obligation either by paying the allowance
marriage, the spouses and their children shall be supported fixed, or by receiving and maintaining in the family dwelling
from the properties of the absolute community or the the person who has a right to receive support. The latter
conjugal partnership. After the final judgment granting the alternative cannot be availed of in case there is a moral or
petition, the obligation of mutual support between the legal obstacle thereto. (299a)
spouses ceases. However, in case of legal separation, the
court may order that the guilty spouse shall give support to Art. 205. The right to receive support under this Title as well
the innocent one, specifying the terms of such order. (292a) as any money or property obtained as such support shall not
be levied upon on attachment or execution. (302a)
Art. 199. Whenever two or more persons are obliged to give
support, the liability shall devolve upon the following persons Art. 206. When, without the knowledge of the person obliged
in the order herein provided: to give support, it is given by a stranger, the latter shall have a
right to claim the same from the former, unless it appears
(1) The spouse; that he gave it without intention of being reimbursed.
(2) The descendants in the nearest degree; (2164a)

(3) The ascendants in the nearest degree; and Art. 207. When the person obliged to support another
unjustly refuses or fails to give support when urgently needed
(4) The brothers and sisters. (294a) by the latter, any third person may furnish support to the
needy individual, with right of reimbursement from the
Art. 200. When the obligation to give support falls upon two person obliged to give support. This Article shall particularly
or more persons, the payment of the same shall be divided apply when the father or mother of a child under the age of
between them in proportion to the resources of each. majority unjustly refuses to support or fails to give support to
However, in case of urgent need and by special the child when urgently needed. (2166a)
circumstances, the judge may order only one of them to Art. 208. In case of contractual support or that given by will,
furnish the support provisionally, without prejudice to his the excess in amount beyond that required for legal support
right to claim from the other obligors the share due from shall be subject to levy on attachment or execution.
them.
Furthermore, contractual support shall be subject to
When two or more recipients at the same time claim support adjustment whenever modification is necessary due to
from one and the same person legally obliged to give it, changes of circumstances manifestly beyond the
should the latter not have sufficient means to satisfy all contemplation of the parties. (n)
claims, the order established in the preceding article shall be
followed, unless the concurrent obligees should be the TITLE IX
spouse and a child subject to parental authority, in which PARENTAL AUTHORITY
case the child shall be preferred. (295a)
Chapter 1. General Provisions
Art. 201. The amount of support, in the cases referred to in
Articles 195 and 196, shall be in proportion to the resources
Art. 209. Pursuant to the natural right and duty of parents Art. 217. In case of foundlings, abandoned neglected or
over the person and property of their unemancipated abused children and other children similarly situated,
children, parental authority and responsibility shall include parental authority shall be entrusted in summary judicial
the caring for and rearing them for civic consciousness and proceedings to heads of children's homes, orphanages and
efficiency and the development of their moral, mental and similar institutions duly accredited by the proper government
physical character and well-being. (n) agency. (314a)

Art. 210. Parental authority and responsibility may not be Art. 218. The school, its administrators and teachers, or the
renounced or transferred except in the cases authorized by individual, entity or institution engaged in child are shall have
law. (313a) special parental authority and responsibility over the minor
child while under their supervision, instruction or custody.
Art. 211. The father and the mother shall jointly exercise
parental authority over the persons of their common Authority and responsibility shall apply to all authorized
children. In case of disagreement, the father's decision shall activities whether inside or outside the premises of the
prevail, unless there is a judicial order to the contrary. school, entity or institution. (349a)

Children shall always observe respect and reverence towards Art. 219. Those given the authority and responsibility under
their parents and are obliged to obey them as long as the the preceding Article shall be principally and solidarily liable
children are under parental authority. (311a) for damages caused by the acts or omissions of the
unemancipated minor. The parents, judicial guardians or the
Art. 212. In case of absence or death of either parent, the persons exercising substitute parental authority over said
parent present shall continue exercising parental authority. minor shall be subsidiarily liable.
The remarriage of the surviving parent shall not affect the
parental authority over the children, unless the court The respective liabilities of those referred to in the preceding
appoints another person to be the guardian of the person or paragraph shall not apply if it is proved that they exercised
property of the children. (n) the proper diligence required under the particular
circumstances.
Art. 213. In case of separation of the parents, parental
authority shall be exercised by the parent designated by the All other cases not covered by this and the preceding articles
Court. The Court shall take into account all relevant shall be governed by the provisions of the Civil Code on quasi-
considerations, especially the choice of the child over seven delicts. (n)
years of age, unless the parent chosen is unfit. (n)
Chapter 3. Effect of Parental Authority
Art. 214. In case of death, absence or unsuitability of the Upon the Persons of the Children
parents, substitute parental authority shall be exercised by
the surviving grandparent. In case several survive, the one Art. 220. The parents and those exercising parental authority
designated by the court, taking into account the same shall have with the respect to their unemancipated children
consideration mentioned in the preceding article, shall on wards the following rights and duties:
exercise the authority. (355a) (1) To keep them in their company, to support,
Art. 215. No descendant shall be compelled, in a criminal educate and instruct them by right precept and good
case, to testify against his parents and grandparents, except example, and to provide for their upbringing in
when such testimony is indispensable in a crime against the keeping with their means;
descendant or by one parent against the other. (315a) (2) To give them love and affection, advice and
Chapter 2. Substitute and Special Parental Authority counsel, companionship and understanding;

Art. 216. In default of parents or a judicially appointed (3) To provide them with moral and spiritual
guardian, the following person shall exercise substitute guidance, inculcate in them honesty, integrity, self-
parental authority over the child in the order indicated: discipline, self-reliance, industry and thrift, stimulate
their interest in civic affairs, and inspire in them
(1) The surviving grandparent, as provided in Art. compliance with the duties of citizenship;
214;
(4) To furnish them with good and wholesome
(2) The oldest brother or sister, over twenty-one educational materials, supervise their activities,
years of age, unless unfit or disqualified; and recreation and association with others, protect them
from bad company, and prevent them from
(3) The child's actual custodian, over twenty-one acquiring habits detrimental to their health, studies
years of age, unless unfit or disqualified. and morals;
Whenever the appointment or a judicial guardian over the (5) To represent them in all matters affecting their
property of the child becomes necessary, the same order of interests;
preference shall be observed. (349a, 351a, 354a)
(6) To demand from them respect and obedience; performance of the obligations prescribed for general
guardians.
(7) To impose discipline on them as may be required
under the circumstances; and A verified petition for approval of the bond shall be filed in
the proper court of the place where the child resides, or, if
(8) To perform such other duties as are imposed by the child resides in a foreign country, in the proper court of
law upon parents and guardians. (316a) the place where the property or any part thereof is situated.
Art. 221. Parents and other persons exercising parental The petition shall be docketed as a summary special
authority shall be civilly liable for the injuries and damages proceeding in which all incidents and issues regarding the
caused by the acts or omissions of their unemancipated performance of the obligations referred to in the second
children living in their company and under their parental paragraph of this Article shall be heard and resolved.
authority subject to the appropriate defenses provided by
law. (2180(2)a and (4)a ) The ordinary rules on guardianship shall be merely suppletory
except when the child is under substitute parental authority,
Art. 222. The courts may appoint a guardian of the child's or the guardian is a stranger, or a parent has remarried, in
property or a guardian ad litem when the best interests of the which case the ordinary rules on guardianship shall apply.
child so requires. (317) (320a)
Art. 223. The parents or, in their absence or incapacity, the Art. 226. The property of the unemancipated child earned or
individual, entity or institution exercising parental authority, acquired with his work or industry or by onerous or
may petition the proper court of the place where the child gratuitous title shall belong to the child in ownership and
resides, for an order providing for disciplinary measures over shall be devoted exclusively to the latter's support and
the child. The child shall be entitled to the assistance of education, unless the title or transfer provides otherwise.
counsel, either of his choice or appointed by the court, and a
summary hearing shall be conducted wherein the petitioner The right of the parents over the fruits and income of the
and the child shall be heard. child's property shall be limited primarily to the child's
support and secondarily to the collective daily needs of the
However, if in the same proceeding the court finds the family. (321a, 323a)
petitioner at fault, irrespective of the merits of the petition,
or when the circumstances so warrant, the court may also Art. 227. If the parents entrust the management or
order the deprivation or suspension of parental authority or administration of any of their properties to an
adopt such other measures as it may deem just and proper. unemancipated child, the net proceeds of such property shall
(318a) belong to the owner. The child shall be given a reasonable
monthly allowance in an amount not less than that which the
Art. 224. The measures referred to in the preceding article owner would have paid if the administrator were a stranger,
may include the commitment of the child for not more than unless the owner, grants the entire proceeds to the child. In
thirty days in entities or institutions engaged in child care or any case, the proceeds thus give in whole or in part shall not
in children's homes duly accredited by the proper be charged to the child's legitime. (322a)
government agency.
Chapter 5. Suspension or Termination of Parental Authority
The parent exercising parental authority shall not interfere
with the care of the child whenever committed but shall Art. 228. Parental authority terminates permanently:
provide for his support. Upon proper petition or at its own
instance, the court may terminate the commitment of the (1) Upon the death of the parents;
child whenever just and proper. (391a) (2) Upon the death of the child; or
Chapter 4. Effect of Parental Authority (3) Upon emancipation of the child. (327a)
Upon the Property of the Children
Art. 229. Unless subsequently revived by a final judgment,
Art. 225. The father and the mother shall jointly exercise legal parental authority also terminates:
guardianship over the property of the unemancipated
common child without the necessity of a court appointment. (1) Upon adoption of the child;
In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary. (2) Upon appointment of a general guardian;

Where the market value of the property or the annual income (3) Upon judicial declaration of abandonment of the
of the child exceeds P50,000, the parent concerned shall be child in a case filed for the purpose;
required to furnish a bond in such amount as the court may (4) Upon final judgment of a competent court
determine, but not less than ten per centum (10%) of the divesting the party concerned of parental authority;
value of the property or annual income, to guarantee the or
(5) Upon judicial declaration of absence or incapacity parent exercising parental authority and the minor
of the person exercising parental authority. (327a) at least eighteen years of age. Such emancipation
shall be irrevocable. (397a, 398a, 400a, 401a)
Art. 230. Parental authority is suspended upon conviction of
the parent or the person exercising the same of a crime which Art. 235. The provisions governing emancipation by recorded
carries with it the penalty of civil interdiction. The authority is agreement shall also apply to an orphan minor and the
automatically reinstated upon service of the penalty or upon person exercising parental authority but the agreement must
pardon or amnesty of the offender. (330a) be approved by the court before it is recorded. (n)

Art. 231. The court in an action filed for the purpose in a Art. 236. Emancipation for any cause shall terminate parental
related case may also suspend parental authority if the authority over the person and property of the child who shall
parent or the person exercising the same: then be qualified and responsible for all acts of civil life.
(412a)
(1) Treats the child with excessive harshness or
cruelty; Art. 237. The annulment or declaration of nullity of the
marriage of a minor or of the recorded agreement mentioned
(2) Gives the child corrupting orders, counsel or in the foregoing. Articles 234 and 235 shall revive the
example; parental authority over the minor but shall not affect acts and
(3) Compels the child to beg; or transactions that took place prior to the recording of the final
judgment in the Civil Register. (n)
(4) Subjects the child or allows him to be subjected
to acts of lasciviousness. TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
The grounds enumerated above are deemed to include cases
which have resulted from culpable negligence of the parent Chapter 1. Prefatory Provisions
or the person exercising parental authority. lawphi1.net
Art. 238. Until modified by the Supreme Court, the procedural
If the degree of seriousness so warrants, or the welfare of the rules provided for in this Title shall apply as regards
child so demands, the court shall deprive the guilty party of separation in fact between husband and wife, abandonment
parental authority or adopt such other measures as may be by one of the other, and incidents involving parental
proper under the circumstances. authority. (n)
The suspension or deprivation may be revoked and the Chapter 2. Separation in Fact
parental authority revived in a case filed for the purpose or in
the same proceeding if the court finds that the cause therefor Art. 239. When a husband and wife are separated in fact, or
has ceased and will not be repeated. (33a) one has abandoned the other and one of them seeks judicial
authorization for a transaction where the consent of the
Art. 232. If the person exercising parental authority has other spouse is required by law but such consent is withheld
subjected the child or allowed him to be subjected to sexual or cannot be obtained, a verified petition may be filed in
abuse, such person shall be permanently deprived by the court alleging the foregoing facts.
court of such authority. (n)
The petition shall attach the proposed deed, if any,
Art. 233. The person exercising substitute parental authority embodying the transaction, and, if none, shall describe in
shall have the same authority over the person of the child as detail the said transaction and state the reason why the
the parents. required consent thereto cannot be secured. In any case, the
final deed duly executed by the parties shall be submitted to
In no case shall the school administrator, teacher of individual and approved by the court. (n)
engaged in child care exercising special parental authority
inflict corporal punishment upon the child. (n) Art. 240. Claims for damages by either spouse, except costs of
the proceedings, may be litigated only in a separate action.
TITLE X (n)
EMANCIPATION AND AGE OF MAJORITY
Art. 241. Jurisdiction over the petition shall, upon proof of
Art. 234. Emancipation takes place by the attainment of notice to the other spouse, be exercised by the proper court
majority. Unless otherwise provided, majority commences at authorized to hear family cases, if one exists, or in the
the age of twenty-one years. regional trial court or its equivalent sitting in the place where
Emancipation also takes place: either of the spouses resides. (n)

(1) By the marriage of the minor; or Art. 242. Upon the filing of the petition, the court shall notify
the other spouse, whose consent to the transaction is
(2) By the recording in the Civil Register of an required, of said petition, ordering said spouse to show cause
agreement in a public instrument executed by the why the petition should not be granted, on or before the date
set in said notice for the initial conference. The notice shall be
accompanied by a copy of the petition and shall be served at
the last known address of the spouse concerned. (n)

Art. 243. A preliminary conference shall be conducted by the


judge personally without the parties being assisted by
counsel. After the initial conference, if the court deems it
useful, the parties may be assisted by counsel at the
succeeding conferences and hearings. (n)

Art. 244. In case of non-appearance of the spouse whose


consent is sought, the court shall inquire into the reasons for
his failure to appear, and shall require such appearance, if
possible. (n)

Art. 245. If, despite all efforts, the attendance of the non-
consenting spouse is not secured, the court may proceed ex
parte and render judgment as the facts and circumstances
may warrant. In any case, the judge shall endeavor to protect
the interests of the non-appearing spouse. (n)

Art. 246. If the petition is not resolved at the initial


conference, said petition shall be decided in a summary
hearing on the basis of affidavits, documentary evidence or
oral testimonies at the sound discretion of the court. If
testimony is needed, the court shall specify the witnesses to
be heard and the subject-matter of their testimonies,
directing the parties to present said witnesses. (n)

Art. 247. The judgment of the court shall be immediately final


and executory. (n)

Art. 248. The petition for judicial authority to administer or


encumber specific separate property of the abandoning
spouse and to use the fruits or proceeds thereof for the
support of the family shall also be governed by these rules.
(n)

Chapter 3. Incidents Involving Parental Authority

Art. 249. Petitions filed under Articles 223, 225 and 235 of
this Code involving parental authority shall be verified.. (n)

Art. 250. Such petitions shall be verified and filed in the


proper court of the place where the child resides. (n)

Art. 251. Upon the filing of the petition, the court shall notify
the parents or, in their absence or incapacity, the individuals,
entities or institutions exercising parental authority over the
child. (n)

Art. 252. The rules in Chapter 2 hereof shall also govern


summary proceedings under this Chapter insofar as they are
applicable. (n)
BOOK II (8) Mines, quarries, and slag dumps, while the
matter thereof forms part of the bed, and waters
PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS either running or stagnant;

TITLE I (9) Docks and structures which, though floating, are


CLASSIFICATION OF PROPERTY intended by their nature and object to remain at a
PRELIMINARY PROVISIONS fixed place on a river, lake, or coast;

Article 414. All things which are or may be the object of (10) Contracts for public works, and servitudes and
appropriation are considered either: other real rights over immovable property. (334a)

(1) Immovable or real property; or CHAPTER 2


Movable Property
(2) Movable or personal property. (333)
Article 416. The following things are deemed to be personal
CHAPTER 1 property:
Immovable Property
(1) Those movables susceptible of appropriation
Article 415. The following are immovable property: which are not included in the preceding article;

(1) Land, buildings, roads and constructions of all (2) Real property which by any special provision of
kinds adhered to the soil; law is considered as personalty;

(2) Trees, plants, and growing fruits, while they are (3) Forces of nature which are brought under control
attached to the land or form an integral part of an by science; and
immovable;
(4) In general, all things which can be transported
(3) Everything attached to an immovable in a fixed from place to place without impairment of the real
manner, in such a way that it cannot be separated property to which they are fixed. (335a)
therefrom without breaking the material or
deterioration of the object; Article 417. The following are also considered as personal
property:
(4) Statues, reliefs, paintings or other objects for use
or ornamentation, placed in buildings or on lands by (1) Obligations and actions which have for their
the owner of the immovable in such a manner that it object movables or demandable sums; and
reveals the intention to attach them permanently to
the tenements; (2) Shares of stock of agricultural, commercial and
industrial entities, although they may have real
(5) Machinery, receptacles, instruments or estate. (336a)
implements intended by the owner of the tenement
for an industry or works which may be carried on in a Article 418. Movable property is either consumable or
building or on a piece of land, and which tend nonconsumable. To the first class belong those movables
directly to meet the needs of the said industry or which cannot be used in a manner appropriate to their nature
works; without their being consumed; to the second class belong all
the others. (337)
(6) Animal houses, pigeon-houses, beehives, fish
ponds or breeding places of similar nature, in case CHAPTER 3
their owner has placed them or preserves them with Property in Relation to the Person to Whom It Belongs
the intention to have them permanently attached to
the land, and forming a permanent part of it; the Article 419. Property is either of public dominion or of private
animals in these places are included; ownership. (338)

(7) Fertilizer actually used on a piece of land; Article 420. The following things are property of public
dominion:
(1) Those intended for public use, such as roads, TITLE II
canals, rivers, torrents, ports and bridges OWNERSHIP
constructed by the State, banks, shores, roadsteads,
and others of similar character; CHAPTER 1
Ownership in General
(2) Those which belong to the State, without being
for public use, and are intended for some public Article 427. Ownership may be exercised over things or
service or for the development of the national rights. (n)
wealth. (339a)
Article 428. The owner has the right to enjoy and dispose of a
Article 421. All other property of the State, which is not of the thing, without other limitations than those established by
character stated in the preceding article, is patrimonial law.
property. (340a)
The owner has also a right of action against the holder and
Article 422. Property of public dominion, when no longer possessor of the thing in order to recover it. (348a)
intended for public use or for public service, shall form part of
the patrimonial property of the State. (341a) Article 429. The owner or lawful possessor of a thing has the
right to exclude any person from the enjoyment and disposal
Article 423. The property of provinces, cities, and thereof. For this purpose, he may use such force as may be
municipalities is divided into property for public use and reasonably necessary to repel or prevent an actual or
patrimonial property. (343) threatened unlawful physical invasion or usurpation of his
property. (n)
Article 424. Property for public use, in the provinces, cities,
and municipalities, consist of the provincial roads, city streets, Article 430. Every owner may enclose or fence his land or
municipal streets, the squares, fountains, public waters, tenements by means of walls, ditches, live or dead hedges, or
promenades, and public works for public service paid for by by any other means without detriment to servitudes
said provinces, cities, or municipalities. constituted thereon. (388)

All other property possessed by any of them is patrimonial Article 431. The owner of a thing cannot make use thereof in
and shall be governed by this Code, without prejudice to the such manner as to injure the rights of a third person. (n)
provisions of special laws. (344a)
Article 432. The owner of a thing has no right to prohibit the
Article 425. Property of private ownership, besides the interference of another with the same, if the interference is
patrimonial property of the State, provinces, cities, and necessary to avert an imminent danger and the threatened
municipalities, consists of all property belonging to private damage, compared to the damage arising to the owner from
persons, either individually or collectively. (345a) the interference, is much greater. The owner may demand
from the person benefited indemnity for the damage to him.
Provisions Common to the Three Preceding Chapters (n)

Article 426. Whenever by provision of the law, or an Article 433. Actual possession under claim of ownership
individual declaration, the expression "immovable things or raises disputable presumption of ownership. The true owner
property," or "movable things or property," is used, it shall be must resort to judicial process for the recovery of the
deemed to include, respectively, the things enumerated in property. (n)
Chapter 1 and Chapter 2.
Article 434. In an action to recover, the property must be
Whenever the word "muebles," or "furniture," is used alone, identified, and the plaintiff must rely on the strength of his
it shall not be deemed to include money, credits, commercial title and not on the weakness of the defendant's claim. (n)
securities, stocks and bonds, jewelry, scientific or artistic
collections, books, medals, arms, clothing, horses or carriages Article 435. No person shall be deprived of his property
and their accessories, grains, liquids and merchandise, or except by competent authority and for public use and always
other things which do not have as their principal object the upon payment of just compensation.
furnishing or ornamenting of a building, except where from
the context of the law, or the individual declaration, the Should this requirement be not first complied with, the courts
contrary clearly appears. (346a) shall protect and, in a proper case, restore the owner in his
possession. (349a)
Article 436. When any property is condemned or seized by Civil fruits are the rents of buildings, the price of leases of
competent authority in the interest of health, safety or lands and other property and the amount of perpetual or life
security, the owner thereof shall not be entitled to annuities or other similar income. (355a)
compensation, unless he can show that such condemnation
or seizure is unjustified. (n) ARTICLE 437. The owner of a Article 443. He who receives the fruits has the obligation to
parcel of land is the owner of its surface and of everything pay the expenses made by a third person in their production,
under it, and he can construct thereon any works or make gathering, and preservation. (356)
any plantations and excavations which he may deem proper,
without detriment to servitudes and subject to special laws Article 444. Only such as are manifest or born are considered
and ordinances. He cannot complain of the reasonable as natural or industrial fruits.
requirements of aerial navigation. (350a)
With respect to animals, it is sufficient that they are in the
Article 438. Hidden treasure belongs to the owner of the womb of the mother, although unborn. (357)
land, building, or other property on which it is found.
SECTION 2
Nevertheless, when the discovery is made on the property of Right of Accession with Respect to Immovable Property
another, or of the State or any of its subdivisions, and by
chance, one-half thereof shall be allowed to the finder. If the
Article 445. Whatever is built, planted or sown on the land of
finder is a trespasser, he shall not be entitled to any share of
another and the improvements or repairs made thereon,
the treasure.
belong to the owner of the land, subject to the provisions of
the following articles. (358)
If the things found be of interest to science or the arts, the
State may acquire them at their just price, which shall be
Article 446. All works, sowing, and planting are presumed
divided in conformity with the rule stated. (351a)
made by the owner and at his expense, unless the contrary is
proved. (359)
Article 439. By treasure is understood, for legal purposes, any
hidden and unknown deposit of money, jewelry, or other
Article 447. The owner of the land who makes thereon,
precious objects, the lawful ownership of which does not
personally or through another, plantings, constructions or
appear. (352)
works with the materials of another, shall pay their value;
and, if he acted in bad faith, he shall also be obliged to the
CHAPTER 2 reparation of damages. The owner of the materials shall have
Right of Accession the right to remove them only in case he can do so without
injury to the work constructed, or without the plantings,
GENERAL PROVISIONS constructions or works being destroyed. However, if the
landowner acted in bad faith, the owner of the materials may
Article 440. The ownership of property gives the right by remove them in any event, with a right to be indemnified for
accession to everything which is produced thereby, or which damages. (360a)
is incorporated or attached thereto, either naturally or
artificially. (353) Article 448. The owner of the land on which anything has
been built, sown or planted in good faith, shall have the right
SECTION 1 to appropriate as his own the works, sowing or planting, after
Right of Accession with Respect to What is Produced by payment of the indemnity provided for in articles 546 and
Property 548, or to oblige the one who built or planted to pay the price
of the land, and the one who sowed, the proper rent.
Article 441. To the owner belongs: However, the builder or planter cannot be obliged to buy the
land if its value is considerably more than that of the building
(1) The natural fruits; or trees. In such case, he shall pay reasonable rent, if the
owner of the land does not choose to appropriate the
(2) The industrial fruits; building or trees after proper indemnity. The parties shall
agree upon the terms of the lease and in case of
disagreement, the court shall fix the terms thereof. (361a)
(3) The civil fruits. (354)

Article 449. He who builds, plants or sows in bad faith on the


Article 442. Natural fruits are the spontaneous products of
land of another, loses what is built, planted or sown without
the soil, and the young and other products of animals.
right to indemnity. (362)
Industrial fruits are those produced by lands of any kind
through cultivation or labor.
Article 450. The owner of the land on which anything has and transfers it to another estate, the owner of the land to
been built, planted or sown in bad faith may demand the which the segregated portion belonged retains the ownership
demolition of the work, or that the planting or sowing be of it, provided that he removes the same within two years.
removed, in order to replace things in their former condition (368a)
at the expense of the person who built, planted or sowed; or
he may compel the builder or planter to pay the price of the Article 460. Trees uprooted and carried away by the current
land, and the sower the proper rent. (363a) of the waters belong to the owner of the land upon which
they may be cast, if the owners do not claim them within six
Article 451. In the cases of the two preceding articles, the months. If such owners claim them, they shall pay the
landowner is entitled to damages from the builder, planter or expenses incurred in gathering them or putting them in a safe
sower. (n) place. (369a)

Article 452. The builder, planter or sower in bad faith is Article 461. River beds which are abandoned through the
entitled to reimbursement for the necessary expenses of natural change in the course of the waters ipso facto belong
preservation of the land. (n) to the owners whose lands are occupied by the new course in
proportion to the area lost. However, the owners of the lands
Article 453. If there was bad faith, not only on the part of the adjoining the old bed shall have the right to acquire the same
person who built, planted or sowed on the land of another, by paying the value thereof, which value shall not exceed the
but also on the part of the owner of such land, the rights of value of the area occupied by the new bed. (370a)
one and the other shall be the same as though both had
acted in good faith. Article 462. Whenever a river, changing its course by natural
causes, opens a new bed through a private estate, this bed
It is understood that there is bad faith on the part of the shall become of public dominion. (372a)
landowner whenever the act was done with his knowledge
and without opposition on his part. (364a) Article 463. Whenever the current of a river divides itself into
branches, leaving a piece of land or part thereof isolated, the
Article 454. When the landowner acted in bad faith and the owner of the land retains his ownership. He also retains it if a
builder, planter or sower proceeded in good faith, the portion of land is separated from the estate by the current.
provisions of article 447 shall apply. (n) (374)

Article 455. If the materials, plants or seeds belong to a third Article 464. Islands which may be formed on the seas within
person who has not acted in bad faith, the owner of the land the jurisdiction of the Philippines, on lakes, and on navigable
shall answer subsidiarily for their value and only in the event or floatable rivers belong to the State. (371a)
that the one who made use of them has no property with
which to pay. Article 465. Islands which through successive accumulation of
alluvial deposits are formed in non-navigable and non-
This provision shall not apply if the owner makes use of the floatable rivers, belong to the owners of the margins or banks
right granted by article 450. If the owner of the materials, nearest to each of them, or to the owners of both margins if
plants or seeds has been paid by the builder, planter or the island is in the middle of the river, in which case it shall be
sower, the latter may demand from the landowner the value divided longitudinally in halves. If a single island thus formed
of the materials and labor. (365a) be more distant from one margin than from the other, the
owner of the nearer margin shall be the sole owner thereof.
Article 456. In the cases regulated in the preceding articles, (373a)
good faith does not necessarily exclude negligence, which
gives right to damages under article 2176. (n) SECTION 3
Right of Accession with Respect to Movable Property
Article 457. To the owners of lands adjoining the banks of
rivers belong the accretion which they gradually receive from Article 466. Whenever two movable things belonging to
the effects of the current of the waters. (336) different owners are, without bad faith, united in such a way
that they form a single object, the owner of the principal
Article 458. The owners of estates adjoining ponds or lagoons thing acquires the accessory, indemnifying the former owner
do not acquire the land left dry by the natural decrease of the thereof for its value. (375)
waters, or lose that inundated by them in extraordinary
floods. (367) Article 467. The principal thing, as between two things
incorporated, is deemed to be that to which the other has
Article 459. Whenever the current of a river, creek or torrent been united as an ornament, or for its use or perfection. (376)
segregates from an estate on its bank a known portion of land
Article 468. If it cannot be determined by the rule given in the If the one who caused the mixture or confusion acted in bad
preceding article which of the two things incorporated is the faith, he shall lose the thing belonging to him thus mixed or
principal one, the thing of the greater value shall be so confused, besides being obliged to pay indemnity for the
considered, and as between two things of equal value, that of damages caused to the owner of the other thing with which
the greater volume. his own was mixed. (382)

In painting and sculpture, writings, printed matter, engraving Article 474. One who in good faith employs the material of
and lithographs, the board, metal, stone, canvas, paper or another in whole or in part in order to make a thing of a
parchment shall be deemed the accessory thing. (377) different kind, shall appropriate the thing thus transformed as
his own, indemnifying the owner of the material for its value.
Article 469. Whenever the things united can be separated
without injury, their respective owners may demand their If the material is more precious than the transformed thing or
separation. is of more value, its owner may, at his option, appropriate the
new thing to himself, after first paying indemnity for the
Nevertheless, in case the thing united for the use, value of the work, or demand indemnity for the material.
embellishment or perfection of the other, is much more
precious than the principal thing, the owner of the former If in the making of the thing bad faith intervened, the owner
may demand its separation, even though the thing to which it of the material shall have the right to appropriate the work to
has been incorporated may suffer some injury. (378) himself without paying anything to the maker, or to demand
of the latter that he indemnify him for the value of the
Article 470. Whenever the owner of the accessory thing has material and the damages he may have suffered. However,
made the incorporation in bad faith, he shall lose the thing the owner of the material cannot appropriate the work in
incorporated and shall have the obligation to indemnify the case the value of the latter, for artistic or scientific reasons, is
owner of the principal thing for the damages he may have considerably more than that of the material. (383a)
suffered.
Article 475. In the preceding articles, sentimental value shall
If the one who has acted in bad faith is the owner of the be duly appreciated. (n)
principal thing, the owner of the accessory thing shall have a
right to choose between the former paying him its value or CHAPTER 3
that the thing belonging to him be separated, even though for Quieting of Title (n)
this purpose it be necessary to destroy the principal thing;
and in both cases, furthermore, there shall be indemnity for Article 476. Whenever there is a cloud on title to real
damages. property or any interest therein, by reason of any instrument,
record, claim, encumbrance or proceeding which is
If either one of the owners has made the incorporation with apparently valid or effective but is in truth and in fact invalid,
the knowledge and without the objection of the other, their ineffective, voidable, or unenforceable, and may be
respective rights shall be determined as though both acted in prejudicial to said title, an action may be brought to remove
good faith. (379a) such cloud or to quiet the title.

Article 471. Whenever the owner of the material employed An action may also be brought to prevent a cloud from being
without his consent has a right to an indemnity, he may cast upon title to real property or any interest therein.
demand that this consist in the delivery of a thing equal in
kind and value, and in all other respects, to that employed, or Article 477. The plaintiff must have legal or equitable title to,
else in the price thereof, according to expert appraisal. (380) or interest in the real property which is the subject matter of
the action. He need not be in possession of said property.
Article 472. If by the will of their owners two things of the
same or different kinds are mixed, or if the mixture occurs by Article 478. There may also be an action to quiet title or
chance, and in the latter case the things are not separable remove a cloud therefrom when the contract, instrument or
without injury, each owner shall acquire a right proportional other obligation has been extinguished or has terminated, or
to the part belonging to him, bearing in mind the value of the has been barred by extinctive prescription.
things mixed or confused. (381)
Article 479. The plaintiff must return to the defendant all
Article 473. If by the will of only one owner, but in good faith, benefits he may have received from the latter, or reimburse
two things of the same or different kinds are mixed or him for expenses that may have redounded to the plaintiff's
confused, the rights of the owners shall be determined by the benefit.
provisions of the preceding article.
Article 480. The principles of the general law on the quieting Article 488. Each co-owner shall have a right to compel the
of title are hereby adopted insofar as they are not in conflict other co-owners to contribute to the expenses of
with this Code. preservation of the thing or right owned in common and to
the taxes. Any one of the latter may exempt himself from this
Article 481. The procedure for the quieting of title or the obligation by renouncing so much of his undivided interest as
removal of a cloud therefrom shall be governed by such rules may be equivalent to his share of the expenses and taxes. No
of court as the Supreme Court shall promulgated. such waiver shall be made if it is prejudicial to the co-
ownership. (395a)
CHAPTER 4
Ruinous Buildings and Trees in Danger of Falling Article 489. Repairs for preservation may be made at the will
of one of the co-owners, but he must, if practicable, first
Article 482. If a building, wall, column, or any other notify his co-owners of the necessity for such repairs.
construction is in danger of falling, the owner shall be obliged Expenses to improve or embellish the thing shall be decided
to demolish it or to execute the necessary work in order to upon by a majority as determined in article 492. (n)
prevent it from falling.
Article 490. Whenever the different stories of a house belong
If the proprietor does not comply with this obligation, the to different owners, if the titles of ownership do not specify
administrative authorities may order the demolition of the the terms under which they should contribute to the
structure at the expense of the owner, or take measures to necessary expenses and there exists no agreement on the
insure public safety. (389a) subject, the following rules shall be observed:

Article 483. Whenever a large tree threatens to fall in such a (1) The main and party walls, the roof and the other things
way as to cause damage to the land or tenement of another used in common, shall be preserved at the expense of all the
or to travelers over a public or private road, the owner of the owners in proportion to the value of the story belonging to
tree shall be obliged to fell and remove it; and should he not each;
do so, it shall be done at his expense by order of the
administrative authorities. (390a) (2) Each owner shall bear the cost of maintaining the floor of
his story; the floor of the entrance, front door, common yard
TITLE III and sanitary works common to all, shall be maintained at the
CO-OWNERSHIP expense of all the owners pro rata;

Article 484. There is co-ownership whenever the ownership (3) The stairs from the entrance to the first story shall be
of an undivided thing or right belongs to different persons. maintained at the expense of all the owners pro rata, with
the exception of the owner of the ground floor; the stairs
from the first to the second story shall be preserved at the
In default of contracts, or of special provisions, co-ownership
expense of all, except the owner of the ground floor and the
shall be governed by the provisions of this Title. (392)
owner of the first story; and so on successively. (396)
Article 485. The share of the co-owners, in the benefits as
Article 491. None of the co-owners shall, without the consent
well as in the charges, shall be proportional to their
of the others, make alterations in the thing owned in
respective interests. Any stipulation in a contract to the
common, even though benefits for all would result
contrary shall be void.
therefrom. However, if the withholding of the consent by one
or more of the co-owners is clearly prejudicial to the common
The portions belonging to the co-owners in the co-ownership
interest, the courts may afford adequate relief. (397a)
shall be presumed equal, unless the contrary is proved.
(393a)
Article 492. For the administration and better enjoyment of
the thing owned in common, the resolutions of the majority
Article 486. Each co-owner may use the thing owned in
of the co-owners shall be binding.
common, provided he does so in accordance with the
purpose for which it is intended and in such a way as not to
There shall be no majority unless the resolution is approved
injure the interest of the co-ownership or prevent the other
by the co-owners who represent the controlling interest in
co-owners from using it according to their rights. The purpose
the object of the co-ownership.
of the co-ownership may be changed by agreement, express
or implied. (394a)
Should there be no majority, or should the resolution of the
majority be seriously prejudicial to those interested in the
Article 487. Any one of the co-owners may bring an action in
property owned in common, the court, at the instance of an
ejectment. (n)
interested party, shall order such measures as it may deem Article 498. Whenever the thing is essentially indivisible and
proper, including the appointment of an administrator. the co-owners cannot agree that it be allotted to one of them
who shall indemnify the others, it shall be sold and its
Whenever a part of the thing belongs exclusively to one of proceeds distributed. (404)
the co-owners, and the remainder is owned in common, the
preceding provision shall apply only to the part owned in Article 499. The partition of a thing owned in common shall
common. (398) not prejudice third persons, who shall retain the rights of
mortgage, servitude or any other real rights belonging to
Article 493. Each co-owner shall have the full ownership of them before the division was made. Personal rights
his part and of the fruits and benefits pertaining thereto, and pertaining to third persons against the co-ownership shall
he may therefore alienate, assign or mortgage it, and even also remain in force, notwithstanding the partition. (405)
substitute another person in its enjoyment, except when
personal rights are involved. But the effect of the alienation Article 500. Upon partition, there shall be a mutual
or the mortgage, with respect to the co-owners, shall be accounting for benefits received and reimbursements for
limited to the portion which may be allotted to him in the expenses made. Likewise, each co-owner shall pay for
division upon the termination of the co-ownership. (399) damages caused by reason of his negligence or fraud. (n)

Article 494. No co-owner shall be obliged to remain in the co- Article 501. Every co-owner shall, after partition, be liable for
ownership. Each co-owner may demand at any time the defects of title and quality of the portion assigned to each of
partition of the thing owned in common, insofar as his share the other co-owners. (n)
is concerned.

Nevertheless, an agreement to keep the thing undivided for a


certain period of time, not exceeding ten years, shall be valid.
This term may be extended by a new agreement.

A donor or testator may prohibit partition for a period which


shall not exceed twenty years.

Neither shall there be any partition when it is prohibited by


law.

No prescription shall run in favor of a co-owner or co-heir


against his co-owners or co-heirs so long as he expressly or
impliedly recognizes the co-ownership. (400a)

Article 495. Notwithstanding the provisions of the preceding


article, the co-owners cannot demand a physical division of
the thing owned in common, when to do so would render it
unserviceable for the use for which it is intended. But the co-
ownership may be terminated in accordance with article 498.
(401a)

Article 496. Partition may be made by agreement between


the parties or by judicial proceedings. Partition shall be
governed by the Rules of Court insofar as they are consistent
with this Code. (402)

Article 497. The creditors or assignees of the co-owners may


take part in the division of the thing owned in common and
object to its being effected without their concurrence. But
they cannot impugn any partition already executed, unless
there has been fraud, or in case it was made notwithstanding
a formal opposition presented to prevent it, without
prejudice to the right of the debtor or assignor to maintain its
validity. (403)