THE 1997
RULES OF CIVIL PROCEDURE
Rules 1 to
71
[Took
effect on July 1, 1997 ,
in accordance with the resolution in Bar Matter No. 803 adopted by the Supreme
Court in Baguio City April 8, 1997 ]
Pursuant to the provisions of Section 5(5) of Article VIII of
the Constitution, the Supreme Court hereby adopts and promulgates the following
rules concerning the protection and enforcement of constitutional rights,
pleading, practice and procedure in all courts, the admission to the practice
of law, the Integrated Bar, and legal assistance to the underprivileged:
GENERAL
PROVISONS
Section 1. Title of the Rules.
These
Rules shall be known and cited as the Rules of Court.
Sec. 2. In what courts applicable.
These
Rules shall apply in all the courts, except as otherwise provided by the
Supreme Court.
Sec. 3. Cases governed.
These
Rules shall govern the procedure to be observed in actions, civil or criminal,
and special proceedings.
(a) A
civil action is one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong.
A civil
action may either be ordinary or special. Both are governed by the rules for
ordinary civil actions, subject to the specific rules prescribed for a special
civil action.
(b) A
criminal action is one by which the State prosecutes a person for an act or
omission punishable by law.
(c) A
special proceeding is a remedy by which a party seeks to establish a status, a
right, or a particular fact.
Sec. 4. In what cases not applicable.
These
Rules shall not apply to election cases, land registration, cadastral,
naturalization and insolvency proceedings, and other cases not herein provided
for, except by analogy or in a suppletory character and whenever practicable
and convenient.
Sec. 5. Commencement of action.
A civil
action is commenced by the filing of the original complaint in court. If an
additional defendant is impleaded in a later pleading, the action is commenced
with regard to him on the date of the filing of such later pleading,
irrespective of whether the motion for its admission, if necessary, is denied
by the court.
Sec. 6. Construction.
These
Rules shall be liberally construed in order to promote their objective of
securing a just, speedy and inexpensive disposition of every action and
proceeding.
CIVIL
ACTIONS
ORDINARY
CIVIL ACTIONS
[Rules 2
to 5]
CAUSE OF
ACTION
Section 1. Ordinary civil actions, basis of.
Every
ordinary civil action must be based on a cause of action.
Sec. 2. Cause of action, defined.
A cause of
action is the act or omission by which a party violates a right of another.
Sec. 3. One suit for a single
cause of action.
A party
may not institute more than one suit for a single cause of action.
Sec. 4. Splitting a single cause
of action; effect of.
If two or
more suits are instituted on the basis of the same cause of action, the filing
of one or a judgment upon the merits in any one is available as a ground for
the dismissal of the others.
Sec. 5. Joinder of causes of action.
A party
may in one pleading assert, in the alternative or otherwise, as many causes of
action as he may have against an opposing party, subject to the following
conditions:
(a) The
party joining the causes of action shall comply with the rules on joinder of
parties;
(b) The joinder shall not include special
civil actions or actions governed by special rules;
(c) Where the causes of action are between the
same parties but pertain to different venues or jurisdictions, the joinder may
be allowed in the Regional Trial Court provided one of the causes of action
falls within the jurisdiction of said court and the venue lies therein; and
(d) Where the claims in all the causes of
action are principally for recovery of money, the aggregate amount claimed shall
be the test of jurisdiction.
Sec. 6. Misjoinder of causes of
action.
Misjoinder
of causes of action is not a ground for dismissal of an action. A misjoined
cause of action may, on motion of a party or on the initiative of the court, be
severed and proceeded with separately.
PARTIES TO
CIVIL ACTIONS
Section 1. Who may be parties; plaintiff and defendant.
Only
natural or juridical persons, or entities authorized by law may be parties in a
civil action. The term "plaintiff" may refer to the claiming party,
the counter-claimant, the cross-claimant, or the third (fourth, etc.) party
plaintiff. The term "defendant" may refer to the original defending
party, the defendant in a counterclaim, the cross-defendant, or the third
(fourth, etc.) party defendant.
Sec. 2. Parties in interest.
A real
party in interest is the party who stands to be benefited or injured by the
judgment in the suit, or the party entitled to the avails of the suit. Unless
otherwise authorized by law or these Rules, every action must be prosecuted or
defended in the name of the real party in interest.
Sec. 3. Representatives as
parties.
Where the
action is allowed to be prosecuted or defended by a representative or someone
acting in a fiduciary capacity, the beneficiary shall be included in the title
of the case and shall be deemed to be the real party in interest. A
representative may be a trustee of an express trust, a guardian, an executor or
administrator, or a party authorized by law or these Rules. An agent acting in
his own name and for the benefit of an undisclosed principal may sue or be sued
without joining the principal except when the contract involves things
belonging to the principal.
Sec. 4. Spouses as parties.
Husband
and wife shall sue or be sued jointly, except as provided by law.
Sec. 5. Minor or incompetent
persons.
A minor or
a person alleged to be incompetent, may sue or be sued, with the assistance of
his father, mother, guardian, or if he has none, a guardian ad litem.
Sec. 6. Permissive joinder of
parties.
All
persons in whom or against whom any right to relief in respect to or arising
out of the same transaction or series of transactions is alleged to exist,
whether jointly, severally, or in the alternative, may, except as otherwise
provided in these Rules, join as plaintiffs or be joined as defendants in one
complaint, where any question of law or fact common to all such plaintiffs or
to all such defendants may arise in the action; but the court may make such
orders as may be just to prevent any plaintiff or defendant from being
embarrassed or put to expense in connection with any proceedings in which he
may have no interest.
Sec. 7. Compulsory joinder of
indispensable parties.
Parties in
interest without whom no final determination can be had of an action shall be
joined either as plaintiffs or defendants.
Sec. 8. Necessary party.
A
necessary party is one who is not indispensable but who ought to be joined as a
party if complete relief is to be accorded as to those already parties, or for
a complete determination or settlement of the claim subject of the action.
Sec. 9. Non-joinder of necessary
parties to be pleaded.
Whenever
in any pleading in which a claim is asserted a necessary party is not joined,
the pleader shall set forth his name, if known, and shall state why he is
omitted. Should the court find the reason for the omission unmeritorious, it
may order the inclusion of the omitted necessary party if jurisdiction over his
person may be obtained.
The
failure to comply with the order for his inclusion, without justifiable cause,
shall be deemed a waiver of the claim against such party.
The non-inclusion of a necessary party does
not prevent the court from proceeding in the action, and the judgment rendered
therein shall be without prejudice to the rights of such necessary party.
Sec. 10. Unwilling co-plaintiff.
If the
consent of any party who should be joined as plaintiff can not be obtained, he
may be made a defendant and the reason therefor shall be stated in the
complaint.
Sec. 11. Misjoinder and
non-joinder of parties.
Neither
misjoinder nor non-joinder of parties is ground for dismissal of an action.
Parties may be dropped or added by order of the court on motion of any party or
on its own initiative at any stage of the action and on such terms as are just.
Any claim against a misjoined party may be severed and proceeded with
separately.
Sec. 12. Class suit.
When the
subject matter of the controversy is one of common or general interest to many
persons so numerous that it is impracticable to join all as parties, a number
of them which the court finds to be sufficiently numerous and representative as
to fully protect the interests of all concerned may sue or defend for the
benefit of all. Any party in interest shall have the right to intervene to
protect his individual interest.
Sec. 13. Alternative defendants.
Where the
plaintiff is uncertain against who of several persons he is entitled to relief,
he may join any or all of them as defendants in the alternative, although a
right to relief against one may be inconsistent with a right of relief against
the other.
Sec. 14. Unknown identity or name
of defendant.
Whenever
the identity or name of a defendant is unknown, he may be sued as the unknown
owner, heir, devisee, or by such other designation as the case may require;
when his identity or true name is discovered, the pleading must be amended
accord
Sec. 15. Entity without juridical
personality as defendant.
When two
or more persons not organized as an entity with juridical personality enter
into a transaction, they may be sued under the name by which they are generally
or commonly known.
In the answer of such defendant, the names and
addresses of the persons composing said entity must all be revealed.
Sec. 16. Death of party; duty of
counsel.
Whenever a
party to a pending action dies, and the claim is not thereby extinguished, it
shall be the duty of his counsel to inform the court within thirty (30) days
after such death of the fact thereof, and to give the name and address of his legal
representative or representatives. Failure of counsel to comply with this duty
shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to be
substituted for the deceased, without requiring the appointment of an executor
or administrator and the court may appoint a guardian ad litem for the minor
heirs.
The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice.
The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice.
If no legal representative is named by the
counsel for the deceased party, or if the one so named shall fail to appear
within the specified period, the court may order the opposing party, within a
specified time, to procure the appointment of an executor or administrator for
the estate of the deceased and the latter shall immediately appear for and on
behalf of the deceased. The court charges in procuring such appointment, if
defrayed by the opposing party, may be recovered as costs.
Sec. 17. Death or separation of a
party who is a public officer.
When a
public officer is a party in an action in his official capacity and during its
pendency dies, resigns, or otherwise ceases to hold office, the action may be
continued and maintained by or against his successor if, within thirty (30)
days after the successor takes office or such time as may be granted by the
court, it is satisfactorily shown to the court by any party that there is a
substantial need for continuing or maintaining it and that the successor adopts
or continues or threatens to adopt or continue the action of his predecessor.
Before a substitution is made, the party or officer to be affected, unless
expressly assenting thereto, shall be given reasonable notice of the
application therefor and accorded an opportunity to be heard.
Sec. 18. Incompetency or
incapacity.
If a party
becomes incompetent or incapacitated, the court, upon motion with notice, may
allow the action to be continued by or against the incompetent or incapacitated
person assisted by his legal guardian or guardian ad litem.
Sec. 19. Transfer of interest.
In case of
any transfer of interest, the action may be continued by or against the
original party, unless the court upon motion directs the person to whom the
interest is transferred to be substituted in the action or joined with the
original party.
Sec. 20. Action on contractual
money claims.
When the
action is for recovery of money arising from contract, express or implied, and
the defendant dies before entry of final judgment in the court in which the
action was pending at the time of such death, it shall not be dismissed but
shall instead be allowed to continue until entry of final judgment. A favorable
judgment obtained by the plaintiff therein shall be enforced in the manner
especially provided in these Rules for prosecuting claims against the estate of
a deceased person.
Sec. 21. Indigent party.
A party
may be authorized to litigate his action, claim or defense as an indigent if
the court, upon an ex parte application and hearing, is satisfied that the
party is one who has no money or property sufficient and available for food,
shelter and basic necessities for himself and his family.
Such authority shall include an exemption from
payment of docket and other lawful fees, and of transcripts of 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
lien on any judgment rendered in the case favorable to the indigent, unless the
court otherwise provides.
Any adverse party may contest the grant of
such authority at any time before judgment is rendered by the trial court. If
the court should determine after hearing that the party declared as an indigent
is in fact a person with sufficient income or property, the proper docket and
other lawful fees shall be assessed and collected by the clerk of court. If
payment is not made within the time fixed by the court, execution shall issue
for the payment thereof, without prejudice to such other sanctions as the court
may impose.
Sec. 22. Notice to the Solicitor
General.
In any
action involving the validity of any treaty, law, ordinance, executive order,
presidential decree, rules or regulations, the court, in its discretion, may
require the appearance of the Solicitor General who may be heard in person or
through a representative duly designated by him.
VENUE OF
ACTIONS
Section 1. Venue of real actions.
Actions
affecting title to or possession of real property, or interest therein, shall
be commenced and tried in the proper court which has jurisdiction over the area
wherein the real property involved, or a portion thereof, is situated.
Forcible entry and detainer actions shall be
commenced and tried in the municipal trial court of the municipality or city
wherein the real property involved, or a portion thereof, is situated.
Sec. 2. Venue of personal actions.
All other
actions may be commenced and tried where the plaintiff or any of the principal
plaintiffs resides, or where the defendant or any of the principal defendants
resides, or in the case of a non-resident defendant where he may be found, at
the election of the plaintiff.
Sec. 3. Venue of actions against
non-residents.
If any of
the defendants does not reside and is not found in the Philippines, and the
action affects the personal status of the plaintiff, or any property of said
defendant located in the Philippines, the action may be commenced and tried in
the court of the place where the plaintiff resides, or where the property or
any portion thereof is situated or found.
Sec. 4. When Rule not applicable.
This Rule
shall not apply:
(a) In
those cases where a specific rule or law provides otherwise; or
(b) Where the parties have validly agreed in
writing before the filing of the action on the exclusive venue thereof.
UNIFORM
PROCEDURE IN TRIAL COURTS
Section 1. Uniform procedure.
The
procedure in the Municipal Trial Courts shall be the same as in the Regional
Trial Courts, except (a) where a particular provision expressly or impliedly
applies only to either of said courts, or (b) in civil cases governed by the
Rule on Summary Procedure.
Sec. 2. Meaning of terms.
The term "Municipal
Trial Courts" as used in these Rules shall include Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal
Circuit Trial Courts.
