RULES OF COURT (CODAL) Rule 13 Filing and Service of Pleading !

!udg"en# and O#$er Pa%er File complaint > Pay legal fees > CoC to issue summons > service of summons to def or his counsel - If one counsel appears for many parties, he is only entitled to one of the summons issued vs him - pleadings, appearances, motions, notices, orders, judgments and all other papers shall be made eaither personally to the CoC or by registered mail - personal: date and hour of filing; by mail: date of mailing as sho n by post office stamp on the envelope or the registry receipt - !very judgment, resolution, order, pleading subse"uent to the complaint, ritten motion, notice, appearance, demand, offer of judgment or similar papers to be filed #court and served to the parties affected - service of pleadings, notices, motions, orders, judgments to be filed either by mail or personally Personal service $ personal delivery of copy to party or counsel - by leaving it in his office ith cler%, person in charge of the office - if not in office, office un%no n or no office, leave in the party or counsel&s house #a person of sufficient age and discretion residing therein 'ervice by mail $ deposit it to the a( post office b( addressed to the office or residence of party or counsel c( ith postage fully prepaid d( #instructions to the postmaster that if undelivered #in ten days, return to sender e( if no registry service, by ordinary mail If office or residence of party or counsel un%no n and papers can&t be served )'ubstituted service* a( deliver the copy to CoC b( ith proof of failure of both personal and mail service c( service is complete at time of delivery +udgments, final orders and resolutions; a( shall be served to party personally or by registered mail If party is summoned by publication and has failed to appear a( serve upon him by publication b( at the e,pense of the prevailing party Completeness of service a( personal service: upon actual delivery b( ordinary mail: upon e,piration of -. days from the date after mailing /0P c( registered mail: upon actual receipt by addressee or after 1 days from the date he received a first notice from the postmaster Personal filing: a( henever practicable, this should be done b( if not done personally, provide ritten e,planation hy other modes ere resorted to, !2C #those from court c( violation of this rule ill render the paper unfiled Proof of filing:

a( shall be proved by its e,istence in the record of the case b( if not in the record, but claimed to be filed personally, shall be proved by ritten or stamped ac%no ledgement of filing by the CoC on a copy c( if by registered mail: 34'PI a( by registry receipt b( affidavit of the person ho mailed it c( a full statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the court d( ith postage fully prepaid e( ith instructions to the postmaster to return the mail to the sender after -. days if undelivered Proof of service a( personal service: ritten admission of the party served a( or official return of the server b( or affidavit of the party serving #full statement of the date, place and manner of serving b( ordinary mail: affidavit of the person mailing of facts sho ing compliance ith service by mail c( registered mail: affidavit and registry receipt issued by the mailing office a( registry return card to be filed immediately upon receipt by the sender b( or unclaimed letter #s orn copy of notice given by the postmaster to the addressee 5otice of lis pendens a( includes actions affecting title or right of possession of real property b( hen affirmative relief is claimed in their ans er c( may record in the registry of deeds of the province here the property is located, a notice of pendency of the action d( notice contains the names of the parties and the object as ell as the description of the prop e( only from the time of its filing can a purchaser or an encumbrancer of the prop be deemed to have constructive notice of such and only if the parties are designated by their real names f( lis pendens to be cancelled only a( upon court order b( after sho ing that it is only meant to molest the other party c( or if it is not necessary to protect the rights of the one ho filed it Rule 1& Su""on 'ummons to be issued only after a( filing of the complaint b( payment of legal fees c( CoC to issue to defendants Contents of 'ummons )directed to defendants* a( the name of the court and the names of the parties to the action b( direction that the defendant ans er ithin the time fi,ed by these 3ules; c( notice that unless the defendant so ans ers plaintiff ill ta%e judgment by default and may be granted the relief applied for(

d( Complaint and order of appointment of guardian ad litem shall be attached to original and each copy of summons 6ho serves summons a( 'heriff b( 7eputy of sheriff c( Proper court officer d( 'uitable person authori8ed by the court to issue summons 3eturn( 4fter service of summons, server shall a( ithin five days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiff9s counsel b( shall return the summons to the cler%, ho issued it, accompanied by proof of service( 4lias summons( If summons not served to any or all of defendants, server shall #in 1 days a( serve a copy of the return on the plaintiff9s counsel b( stating the reasons for the failure of service c( In such a case, or if the summons has been lost, the cler%, on demand of the plaintiff, may issue an alias summons( 'ervice of summons a( :y handling a copy thereof to def in person b( If he refuses to receive and sign for it, tender it to him 'ubstituted service( If, for justifiable causes, the defendant cannot be served ithin a reasonable time as provided in the preceding section, service may be effected a( by leaving copies of the summons at the defendant9s residence ith some person of suitable age and discretion then residing therein b( by leaving the copies at defendant9s office or regular place of business ith some competent person in charge thereof( 'ervice of summons on assoc #o legal personality, sued under the name they are commonly %no n a( may be effected upon all the defendants by serving upon any one of them b( or upon the person in charge of the office or place of business maintained in such name c( but such service shall not bind individually any person hose connection ith the entity has, upon due notice, been severed before the action as brought( 'ervice upon prisoners confined in a jail#institution a( to the officer having the management of such jail or institution ho is deemed deputi8ed as a special sheriff for said purpose( 'ervice upon minors and incompetents a( upon him personally b( and on his legal guardian if he has one c( or if none, his guardian ad litem hose appointment shall be applied for by the plaintiff d( in the case of a minor, service may also be made on his father or mother( 'ervice upon domestic private juridical entity, service may be made on a( the president b( managing partner c( general manager d( corporate secretary e( treasurer

f( in-house counsel 'ervice upon foreign private juridical entities; foreign private juridical entity hich has transacted business in the Philippines, service may be made on a( its resident agent designated in accordance ith la for that purpose b( if there be no such agent, on the government official designated by la to that effect c( on any of its officers or agents ithin the Philippines 'ervice upon public corporations a( hen the defendant is 3P, service may be effected on the 'olicitor ;eneral b( in case of a province, city or municipality, or li%e public corporations, service may be effected on its e,ecutive head, or on such other officer or officers as the la or the court may direct( 'ervice upon defendant hose identity or hereabouts are un%no n; cannot be ascertained by diligent in"uiry, service may a( by leave of court, be effected upon him by publication in a ne spaper of general circulation b( and in such places and for such time as the court may order( !,traterritorial service a( hen defendant does not reside and is not found in P< b( and the action affects the personal status of the plaintiff c( or relates to, or the subject of hich is, property ithin the Philippines d( in hich the defendant has or claims a lien or interest, actual or contingent e( or in hich the relief demanded consists, holly or in part, in e,cluding the defendant from any interest therein, f( or the property of the defendant has been attached ithin P< 'ervice may, by leave of court, be effected out of P< a( by personal service b( by publication in a ne spaper of general circulation in such places and for such time as the court may order, in hich case a copy of the summons and order of the court shall be sent by registered mail to the last %no n address of the defendant c( or in any other manner the court may deem sufficient d( any order granting such leave shall specify a reasonable time, hich shall not be less than =. days after notice, #in hich the defendant must ans er( 3esidents temporarily out of P<; ordinarily resides ithin P<, but ho is temporarily out, service may, by leave of court, be also effected a( out of P<, as under the preceding section >eave of court; any application to the court under this 3ule for leave to effect service in any manner for hich leave of court is necessary shall be made a( by motion in riting b( supported by affidavit of the plaintiff or some person on his behalf c( setting forth the grounds for the application Proof of service shall be made a( in riting by the server b( shall set forth the manner, place, and date of service c( shall specify any papers hich have been served ith the process d( and the name of the person ho received the same e( and shall be s orn to hen made by a person other than a sheriff or his deputy(

Proof of service by publication, proved by a( affidavit of the printer, his foreman or principal cler%, or of the editor, business or advertising manager, b( a copy of the publication shall be attached c( and by an affidavit sho ing the deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the defendant by registered mail to his last %no n address ?oluntary appearance @ service of summons a( Ahe inclusion in a motion to dismiss of other grounds aside from lac% of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance( Rule 1' (o#ion Botion $ an application for relief other than by a pleading a( must be in riting b( e,cept those made in the course of hearing or trial Content a( relief sought to be obtained b( the grounds upon hich it is based, c( and if re"uired by these 3ules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers( !very ritten motion must be set for hearing by the applicant a( e,cept those that can be acted upon by court #o prejudicing the adverse party b( notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party c( at least three )C* days before the date of hearing, unless the court for good cause sets the hearing on shorter notice( d( 'hall not be acted upon by court ithout proof of service e( 4ll motions to be scheduled on Friday afternoon !2C!PA -( Botions re"uiring immediate action D( 6hen Friday is a non- or%ing day, hearing on the ne,t or%ing day f( 4 motion attac%ing a pleading, order or proceeding shall include all objections then available; if not, 64I?!7 g( 4 motion for leave to file a pleading#motion must include the motion#pleading sought to be admitted h( 3ules on pleadings shall apply to ritten motions as concerns caption, designation, signature, and other matters of form 5otice of <earing a( shall be addressed to all parties concerned b( and shall specify the time and date of the hearing c( hich must not be later than -. days after the filing of the motion Rule 1) (o#ion #o Di "i ;rounds C++?>>P!C' a( Ahat the court has no jurisdiction over the person of the defending party; b( Ahat the court has no jurisdiction over the subject matter of the claim; c( Ahat venue is improperly laid; d( Ahat the plaintiff has no legal capacity to sue;

e( Ahat there is another action pending bet een the same parties for the same cause; f( Ahat the cause of action is barred by a prior judgment or by the statute of limitations; g( Ahat the pleading asserting the claim states no cause of action; h( Ahat the claim or demand set forth in the plaintiff9s pleading has been paid, aived, abandoned, or other ise e,tinguished; i( Ahat the claim on hich the action is founded is enforceable under the provisions of the statute of frauds; and j( Ahat a condition precedent for filing the claim has not been complied ith <earing of motion a( 4t the hearing of the motion, the parties shall submit their arguments on the "uestions of la b( their evidence on the "uestions of fact involved c( e,cept those not available at that time d( 'hould the case go to trial, the evidence presented during the hearing shall automatically be part of the evidence of the party presenting the same( Ahereafter, court may a( dismiss the action b( deny the motion c( order amendment of the pleading d( shall not defer the resolution of motion for the reason that it is indubitable )court can&t decide so postpone* e( shall state clearly and distinctly the reasons therefor 3ulings a( if denied, file ans er #in the remaining period )3ule --*, but not less than 1 days from receipt of notice b( if pleading ordered to be amended, -1 days from the time he received the amended pleading )if as a matter of right*, -. days from receipt of amended pleading if not a matter of right )3ule --* c( dismissal due to bar by prior judgment#statute of limitations, e,tinguishment of claim, enforceable under statute of frauds shall bar the refiling of the same action or claim, but there is right to appeal If no motion to dismiss is filed, any grounds for such motion mentioned a( may be pleaded as an affirmative defense in the ans er b( in the discretion of the court, a preliminary hearing may be had thereon as if a motion to dismiss had been filed c( dismissal of the complaint shall be #o prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the ans er )means hen affirmative defense #ground for motion to dismiss %ills the complaint, the counterclaims filed together #the ans er may be prosecuted in the same or separate action* Rule 1* Complaint a( b( Di "i al of Ac#ion may be dismissed by filing by the plaintiff of a notice of dismissal at any time before service of the ans er or of a motion for summary judgment )if there is none, before the introduction of evidence at the trial or hearing*

c( upon such notice being filed, the court shall issue an order confirming the dismissal d( unless other ise stated in the notice, the dismissal is ithout prejudice e( e,cept that a notice operates as an adjudication upon the merits hen filed by a plaintiff ho has once dismissed in a competent court an action based on or including the same claim f( approval of the court and terms and conditions as the court deems proper shall be re"uired for dismissal at the plaintiff&s instance g( a class suit shall not be dismissed or compromised ithout the approval of the court( If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion for dismissal a( dismissal shall be limited to the complaint b( shall be #o prejudice to the right of the defendant to prosecute his counterclaim in a separate action c( unless #in -1 days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action Complaint may be dismissed upon motion of the def or the court hen a( plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint b( to prosecute his action for an unreasonable length of time c( to comply ith these 3ules or any order of the court d( #o prejudice #def&s right to prosecute his counterclaim in the same or separate action e( this dismissal shall have the effect of adjudication upon the merits /0P by the court Rule 1+ Pre#rial 6hen conducted a( 4fter the last pleading has been served and filed b( it shall be the duty of the plaintiff to promptly move e, parte that the case be set for pre-trial Pretrial is mandatory( Court shall consider C46''4''0 a( Ahe possibility of an amicable settlement or of a submission to alternative modes of dispute resolution; b( Ahe simplification of the issues; c( Ahe necessity or desirability of amendments to the pleadings; d( Ahe possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof e( Ahe limitation of the number of itnesses; f( Ahe advisability of a preliminary reference of issues to a commissioner g( Ahe propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to e,ist; h( Ahe advisability or necessity of suspending the proceedings; and i( 'uch other matters as may aid in the prompt disposition of the action( 5otice a( Counsel ho should inform the party he represents b( Party ho has no counsel

4ppearance a( 0f parties and counsel b( 5on-appearance may only be e,cused by valid cause c( 0r representation by one sho n to be fully authori8ed )through a ritten statement* to -( !nter into amicable settlement D( 3esort to alternative dispute reso C( !nter into stipulations of facts, docs d( 5on-appearance of plaintiff hen re"uired shall be a cause for dismissal #prejudice /0P by court e( 5on-appearance of def shall be cause to allo the plaintiff to present his evidence e, parte and the court to render judgment on the basis thereof Pretrial brief a( shall be filed ith the court and served on the adverse party b( in such manner as shall ensure their receipt thereof at least C days before the date of the pre-trial c( Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial Contents 7464I7 a( 4 statement of their illingness to enter into amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof; b( 4 summary of admitted facts and proposed stipulation of facts; c( Ahe issues to be tried or resolved; d( Ahe documents or e,hibits to be presented stating the purpose thereof; e( 4 manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners; and f( Ahe number and names of the itnesses, and the substance of their respective testimonies( 3ecord a( Ahe proceedings in the pre-trial shall be recorded b( /pon the termination thereof, court shall issue an order hich shall recite in detail 4B44 -( the matters ta%en up in the conference, D( the action ta%en thereon C( the amendments allo ed to the pleadings E( the agreements or admissions made by the parties as to any of the matters considered( c( 'hould the action proceed to trial, the order shall, e,plicitly define and limit the issues to be tried d( Ahe contents of the order shall control the subse"uent course of the action, unless modified before trial to prevent manifest injustice( Rule 1, -n#erven#ion 6ho may intervene ) #leave of court*: a( 4 person ho has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both b( or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof

c( Ahe court shall consider hether or not the intervention ill unduly delay or prejudice the adjudication of the rights of the original parties d( and hether or not the intervenor9s rights may be fully protected in a separate proceeding e( may be filed before rendition of judgment by the trial court f( pleading-in-intervention must be attached to the motion to intervene and served to orig parties Pleadings-in-intervention a( complaint-in-intervention: asserts a claim against either or all of the original parties b( ans er-in-intervention: unites ith the defending party in resisting a claim against the latter c( ans er to the complaint-in-intervention: shall be filed #in -1 days from notice of order admitting the same /0P by court Rule ./ Claendar of Ca e CoC, under direct supervision of judge, shall %eep a calendar of cases for a( pre-trial b( for trial c( adjourned or postponed trial d( ith motions to set for hearing Priority to a( habeas corpus cases b( election cases c( special civil actions d( cases re"uired by la 4ssignment of cases a( done e,clusively by raffle b( in open session c( ade"uate notice shall be given so as to afford interested parties the opportunity to be present Rule .1 Su0%oena 'ubpoena a( a process directed to a person re"uiring him to attend and to testify at the hearing or the trial of an action b( or at any investigation conducted by competent authority c( or for the ta%ing of his deposition 'ubpoena duces tecum a( also re"uire him to bring ith him any boo%s, documents, or other things under his control Issued by a( the court before hom the itness is re"uired to attend; b( the court of the place here the deposition is to be ta%en c( the officer or body authori8ed by la to do so in connection ith investigations conducted by said officer or body; or d( any +ustice of the 'upreme Court or of the Court of 4ppeals in any case or investigation pending ithin the Philippines( 'ubpoena to a prisoner

a( judge or officer shall e,amine and study carefully such application to determine hether the same is made for a valid purpose b( 5o prisoner sentenced to death, reclusion perpetua or life imprisonment and ho is confined in any penal institution shall be brought outside the said penal institution for appearance or attendance in any court unless authori8ed by the 'CF Form and contents a( the name of the court b( the title of the action or investigation c( shall be directed to the person hose attendance is re"uired d( and in the case of a subpoena duces tecum, it shall also contain a reasonable description of the boo%s, documents or things demanded hich must appear to the court prima facie relevant Guashing a subpoena; court may "uash a subpoena duces tecum a( upon motion promptly made b( in any event, at or before the time specified therein c( if it is unreasonable and oppressive d( the relevancy of the boo%s, documents or things does not appear e( if the person in hose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof f( subpoena ad testifucandum can be "uashed by court on the ground that the itness is not bound thereby g( or on the ground that the itness fees and %ilometrage allo ed by these 3ules ere not tendered hen the subpoena as served 'ubpoena for depositions a( Proof of service of a notice to ta%e a deposition, as provided in sections -1 and D1 of 3ule DC, shall constitute sufficient authori8ation for the issuance of subpoenas for the persons named in said notice by the CoC of the place in hich the deposition is to be ta%en b( Ahe cler% shall not, ho ever, issue a subpoena duces tecum to any such person ithout an order of the court( 3ule DC 'ection -1( 7eposition upon oral e,amination; notice; time and place( H 4 party desiring to ta%e the deposition of any person upon oral e,amination shall give reasonable notice in riting, to every other party to the action( Ahe notice shall state the time and place for ta%ing the deposition and the name and address of each person to be e,amined, if %no n, and if the name is not %no n, a general description sufficient to identify him or the particular class or group to hich he belongs( 0n motion of any party upon hom the notice is served, the court may for cause sho n enlarge or shorten the time( 'ection D1( 7eposition upon ritten interrogatories; service of notice and of interrogatories( H 4 party desiring to ta%e the deposition of any person upon ritten interrogatories shall serve them upon every other party ith a notice stating the name and address of the person ho is to ans er them and the name or descriptive title and address of the officer before hom the deposition is to be ta%en( 6ithin ten )-.* days thereafter, a party so served may serve cross-interrogatories upon the party proposing to ta%e the deposition( 6ithin five )1* days thereafter, the latter may serve re-direct interrogatories upon a party ho has served cross-interrogatories( 6ithin three )C* days after being served ith re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to ta%e the deposition(

'ervice a( in the same manner as personal or substituted service of summons b( Ahe original shall be e,hibited and a copy thereof delivered to the person on hom it is served, c( tendering to him the fees for one day9s attendance and the %ilometrage allo ed by these 3ules d( e,cept that, hen a subpoena is issued by or on behalf of 3P or an officer or agency thereof, the tender need not be made e( Ahe service must be made so as to allo the itness a reasonable time for preparation and travel to the place of attendance f( If the subpoena is duces tecum, the reasonable cost of producing the boo%s, documents or things demanded shall also be tendered( Personal appearance - a person present in court before a judicial officer may be re"uired to testify as if he ere in attendance upon a subpoena is sued by such court or officer Compelling attendance a( failure of a itness to attend b( court or judge issuing the subpoena, upon proof of the service thereof and of the failure of the itness, c( may issue a arrant to the sheriff of the province, or his deputy, to arrest the itness d( bring him before the court or officer here his attendance is re"uired e( and the cost of such arrant and sei8ure of such itness shall be paid by the itness if the court issuing it shall determine that his failure to ans er the subpoena as illful and ithout just e,cuse Contempt @ Failure by any person ithout ade"uate cause to obey a subpoena served upon him a( if the subpoena as not issued by a court, the disobedience thereto shall be punished in accordance ith the applicable la or 3ule !2C!PAI05' to cotempt and compelling attendance rule a( a itness ho resides more than -..%m from residence to the place here he is to testify by the ordinary course of travel b( to a detention prisoner if no permission of the court in hich his case is pending as obtained Rule .. Co"%u#a#ion of Ti"e - the day of the act or event from hich the designated period of time begins to run is to be e,cluded and the date of performance included - if last day is ee%end or non- or%ing holiday, the time shall not run until the ne,t or%ing day Interruption - 'hould an act be done hich effectively interrupts the running of the period, the allo able period after such interruption shall start to run on the day after notice of the cessation of the cause thereof( 7ay of the act that caused the interruption shall be e,cluded in the computation of the period( Rule 3/ 5otice of trial a( /pon entry of a case in the trial calendar

b( the cler% shall notify the parties of the date of its trial c( in such manner as shall ensure his receipt of that notice at least 1 days before such date 4djournment#postponement a( court may adjourn a trial from day to day, and to any stated time, as the e,peditious and convenient transaction of business may re"uire b( but shall have no po er to adjourn a trial for a longer period than one month for each adjournment c( nor more than three months in all d( e,cept hen authori8ed in riting by the Court 4dministrator, 'upreme Court 3e"uisites of motion to postpone trial for absence of evidence( a( can be granted only upon affidavit sho ing the materiality or relevancy of such evidence b( and that due diligence has been used to procure it c( but if the adverse party admits the facts to be given in evidence d( even if he objects or reserves the right to object to their admissibility, the trial shall not be postponed( 3e"uisites of motion to postpone trial for illness of party or counsel( a( may be granted if it appears upon affidavit or s orn certification that the presence of such party or counsel at the trial is indispensable b( and that the character of his illness is such as to render his non-attendance e,cusable 0rder of trial 4 a( Ahe plaintiff shall adduce evidence in support of his complaint; b( Ahe defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim and third-party complaints; c( Ahe third-party defendant if any, shall adduce evidence of his defense, counterclaim, cross-claim and fourth-party complaint; d( Ahe fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them; e( Ahe parties against hom any counterclaim or cross-claim has been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed by the court; f( Ahe parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case; and g( /pon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings( h( court to determine the relative order of presentation of evidence hen defendants or third-party defendants, and so forth, have separate defenses and appear by different counsel 'tatement of Facts a( Ahe parties to any action may agree, in riting, upon the facts involved in the litigation b( and submit the case for judgment on the facts agreed upon, ithout the introduction of evidence c( If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe 'tatement of +udge

a( 7uring the hearing or trial of a case, any statement made by the judge ith reference to the case, or to any of the parties, itnesses or counsel b( shall be made of record in the stenographic notes 'uspension of actions $ governed by Civil Code !vidence a( Ahe judge of the court here the case is pending shall personally receive the evidence to be adduced by the parties( b( <o ever, in default or ex parte hearings, and in any case here the parties agree in riting, the court may delegate the reception of evidence to its cler% of court ho is a member of the bar( c( Ahe cler% of court shall have no po er to rule on objections to any "uestion or to the admission of e,hibits d( hich objections shall be resolved by the court upon submission of his report and the transcripts ithin -. days from termination of the hearing Rule 31 Con olida#ion or Severance Consolidation; 6hen actions involving a common "uestion of la or fact are pending before the court a( it may order a joint hearing or trial of any or all the matters in issue in the actions b( it may order all the actions consolidated c( and it may ma%e such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay 'eparate trials; in furtherance of convenience or to avoid prejudice, court may a( order a separate trial of any claim, cross-claim, counterclaim, or third-party complaint, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party complaints or issues( Rule 3. 3eference a( b( Trial 01 Co""i ioner by consent by consent of both parties the court may order any or all of the issues in a case to be referred to a commissioner c( to be agreed upon by the parties or to be appointed by the court( d( IcommissionerI includes a referee, an auditor and an e,aminer 3eference ordered on motion; 6hen the parties do not consent, the court may, upon the application of either or of its o n motion, direct a reference to a commissioner in the follo ing cases a( 6hen the trial of an issue of fact re"uires the e,amination of a long account on either side, in hich case the commissioner may be directed to hear and report upon the hole issue or any specific "uestion involved therein; b( 6hen the ta%ing of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect( c( 6hen a "uestion of fact, other than upon the pleadings, arises upon motion or other ise, in any stage of a case, or for carrying a judgment or order into effect( 6hen a reference is made, the cler% shall forth ith furnish the commissioner ith a copy of the order of reference( a( Ahe order may specify or limit the po ers of the commissioner b( and may direct him to report only upon particular issues c( or to do or perform particular acts d( or to receive and report evidence only

e( and may fi, the date for beginning and closing the hearings and for the filing of his report 'ubject to other specifications and limitations stated in the order, the commissioner has and shall a( e,ercise the po er to regulate the proceedings in every hearing before him b( and to do all acts and ta%e all measures necessary or proper for the efficient performance of his duties under the order c. <e may issue subpoenas and subpoenas duces tecum d( s ear itnesses e( unless other ise provided in the order of reference, he may rule upon the admissibility of evidence( f( Ahe trial or hearing before him shall proceed in all respects as it ould if held before the court Commissioner a( :efore entering upon his duties the commissioner shall be s orn to a faithful and honest performance thereof b( Ahe court shall allo the commissioner such reasonable compensation as the circumstances of the case arrant, to be ta,ed as costs against the defeated party, or apportioned, as justice re"uires( Proceedings a( /pon receipt of the order of reference and unless other ise provided therein, the commissioner shall forth ith set a time and place for the first meeting of the parties or their counsel b( to be held ithin -. days after the date of the order of reference c( and shall notify the parties or their counsel( d( It&s his duty to proceed #diligence e( !ither party, on notice to the parties and commissioner, may apply to the court for an order re"uiring the commissioner to e,pedite the proceedings and to ma%e his report Failure to appear a( commissioner may proceed ex parte b( or, in his discretion, adjourn the proceedings to a future day, giving notice to the absent party or his counsel of the adjournment refusal of a itness to obey a subpoena issued by the commissioner a( shall be deemed a contempt of the court hich appointed the commissioner 3eport a( /pon the completion of the trial or hearing or proceeding before the commissioner b( he shall file ith the court his report in riting upon the matters submitted to him by the order of reference( c( 6hen his po ers are not specified or limited, he shall set forth his findings of fact and conclusions of la in his report( d( <e shall attach thereto all e,hibits, affidavits, depositions, papers and the transcript, if any, of the testimonial evidence presented before him e( /pon the filing of the report, the parties shall be notified by the cler% f( and they shall be allo ed -. days ithin hich to signify grounds of objections to the findings of the report, if they so desire( g( 0bjections to the report based upon grounds hich ere available to the parties during the proceedings before the commissioner, other than objections to the findings and conclusions therein, set forth, shall not be considered by the court unless they ere made before the commissioner( h( 6hen the parties stipulate that a commissioner9s findings of fact shall be final, only "uestions of la shall thereafter be considered( 4fter said -. days a( the report shall be set for hearing,

b( after hich the court shall issue an order adopting, modifying, or rejecting the report in hole or in part, c( or recommitting it ith instructions, d( or re"uiring the parties to present further evidence before the commissioner or the court Rule 33 2 De"urrer #o Evidence a( 4fter the plaintiff has completed the presentation of his evidence, b( the defendant may move for dismissal on the ground that upon the facts and the la the plaintiff has sho n no right to relief( c( If his motion is denied he shall have the right to present evidence( d( If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have aived the right to present evidence Rule 3& !udg"en# on Pleading the court may; on motion of that party, direct judgment on pleading hen a( an ans er fails to tender an issue b( or other ise admits the material allegations of the adverse party9s pleading,( !2C!PAI05': actions for declaration of nullity or annulment, legal separation here allegation of material facts should al ays be proved Rule 3' Su""ar1 !udg"en# For claimant: a( 4 party see%ing to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may b( at any time after the pleading in ans er thereto has been served c( move ith supporting affidavits, depositions or admissions for a summary judgment in his favor upon all or any part thereof For defendant: a( may, at any time, move ith supporting affidavits, depositions or admissions for a summary judgment in his favor as to all or any part thereof 6hen served: a( Ahe motion shall be served at least -. days before the time specified for the hearing( b( Ahe adverse party may serve opposing affidavits, depositions, or admissions at least C days before the hearing( c( 4fter the hearing, the judgment sought shall be rendered forth ith d( if the pleadings, supporting affidavits, depositions, and admissions on file, sho that, e,cept as to the amount of damages, there is no genuine issue as to any material fact e( and that the moving party is entitled to a judgment as a matter of la Case not fully adjudicated on motion a( If on motion under this 3ule, judgment is not rendered upon the hole case or for all the reliefs sought and a trial is necessary b( the court at the hearing of the motion, by e,amining the pleadings and the evidence before it and by interrogating counsel c( shall ascertain hat material facts e,ist ithout substantial controversy and hat are actually and in good faith controverted( d( It shall thereupon ma%e an order specifying the facts that appear ithout substantial controversy including the e,tent to hich the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just( e( Ahe facts so specified shall be deemed established, and the trial shall be conducted on the controverted facts accordingly 4ffidavits a( 'upporting and opposing affidavits shall be made on personal %no ledge b( shall set forth such facts as ould be admissible in evidence

c( and shall sho affirmatively that the affiant is competent to testify to the matters stated therein( d( Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or served there ith( 4ffidavits in bad faith( a( 'hould it appear to its satisfaction at any time that any of the affidavits presented pursuant to this 3ule are presented in bad faith b( or solely for the purpose of delay c( the court shall forth ith order the offending party or counsel to pay to the other party the amount of the reasonable e,penses hich the filing of the affidavits caused him to incur including attorney9s fees d( it may, after hearing further adjudge the offending party or counsel guilty of contempt( Rule 3) 2 !udg"en# 3 Final Order and En#r1 T$ereof 4 judgment or final order determining the merits of the case a( shall be in riting b( personally and directly prepared by the judge c( stating clearly and distinctly the facts and the la on hich it is based d( signed by him e( and filed ith the cler% of the court !ntry of final orders a( If no appeal or motion for ne trial or reconsideration is filed ithin the time provided in these 3ules b( the judgment or final order shall forth ith be entered by the cler% in the boo% of entries of judgments c( Ahe date of finality of the judgment or final order shall be deemed to be the date of its entry d( Ahe record shall contain the dispositive part of the judgment or final order e( and shall be signed by the cler% f( ithin a certificate that such judgment or final order has become final and e,ecutory +udgment for or against one or more of several parties a( +udgment may be given for or against one or more of several plaintiffs b( and for or against one or more of several defendants c( 6hen justice so demands, the court may re"uire the parties on each side to file adversary pleadings as bet een themselves and determine their ultimate rights and obligations( 'everal judgments a( In an action against several defendants, b( the court may, hen a several judgment is proper, render judgment against one or more of them c( leaving the action to proceed against the others( 'eparate judgments a( 6hen more than one claim for relief is presented in an action b( the court, at any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence hich is the subject matter of the claim c( may render a separate judgment disposing of such claim( d( Ahe judgment shall terminate the action ith respect to the claim so disposed of e( and the action shall proceed as to the remaining claims( f( In case a separate judgment is rendered, the court by order, may stay its enforcement until the rendition of a subse"uent judgment or judgments g( and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in hose favor the judgment is rendered(

+udgment against entity ithout juridical personality a( 6hen judgment is rendered against t o or more persons sued as an entity ithout juridical personality, b( the judgment shall set out their individual or proper names, if %no n( RULE 3* 2 4e5 Trial or Recon idera#ion ;rounds and period B5A( 6ithin the period for ta%ing an appeal, the aggrieved party may move the trial court to set aside the judgment or final order and grant a ne trial for one or more of the follo ing causes materially affecting the substantial rights of said party: a( Fraud, accident, mista%e or e,cusable negligence hich ordinary prudence could not have guarded against and by reason of hich such aggrieved party has probably been impaired in his rights )shall be supported by affidavits of merits hich may be rebutted by affidavits* b( 5e ly discovered evidence, hich he could not, ith reasonable diligence, have discovered and produced at the trial, and hich if presented ould probably alter the result( )shall be supported by affidavits of the itnesses by hom such evidence is e,pected to be given, or by duly authenticated documents hich are proposed to be introduced in evidence* c( shall include all grounds then available and those not so included shall be deemed aived( d( second B5A, based on a ground not e,isting nor available hen the first motion as made, may be filed ithin the time herein provided e,cluding the time during hich the first motion had been pending e( if granted: -( the original judgment or final order shall be vacated D( and the action shall stand for trial de novo C( but the recorded evidence ta%en upon the former trial, insofar as the same is material and competent to establish the issues, shall be used at the ne trial ithout reta%ing the same B3( ;rounds a( the damages a arded are e,cessive b( that the evidence is insufficient to justify the decision or final order c( or that the decision or final order is contrary to la d( can be filed only once - shall point out specifically the findings or conclusions of the judgment or final order hich are not supported by the evidence - or hich are contrary to la ma%ing e,press reference to the testimonial or documentary evidence or to the provisions of la alleged to be contrary to such findings or conclusions -4 pro forma motion for ne trial or reconsideration shall not toll the reglementary period of appeal 3ulings on B5A and B3 a( Ahe trial court may set aside the judgment or final order and grant a ne trial, upon such terms as may be just b( or may deny the motion c( If the court finds that e,cessive damages have been a arded or that the judgment or final order is contrary to the evidence or la , it may amend such judgment or final order accordingly d( 'hall be resolved #in C.days from the time it is submitted for resolution Partial grant of B5A and B3 - hen not all issues are ordered retried, court may a( either enter a judgment or final order as to the rest b( stay the enforcement of such judgment or final order until after 5A -B3 and B5A not appealled( Proper action is appeal from judgment or final order

Rule 3+ 2 Relief fro" !udg"en# 3 Order 3 or O#$er Proceeding 3elief from judgment may be filed hen a( 6hen a judgment or final order is entered, or any other proceeding is thereafter ta%en against a party in any court b( through fraud, accident, mista%e, or e,cusable negligence c( and in the same case praying that the judgment, order or proceeding be set aside d( petition must be verified e( filed ithin =. days after the petitioner learns of the judgment, final order, or other proceeding to be set aside f( and not more than = months after such judgment or final order as entered, or such proceeding as ta%en g( must be accompanied ith affidavits sho ing the fraud, accident, mista%e, or e,cusable negligence relied upon h( and the facts constituting the petitioner9s good and substantial cause of action or defense, as the case may be i( If sufficient in form and substance, court shall issue an order re"uiring the adverse parties to ans er the same ithin -1 days from the receipt thereof j( copies of the petition and the accompanying affidavits to be served #order Preliminary injunction pending proceedings a( may be granted if necessary for the preservation of the rights of the parties b( upon the filing by the petitioner of a bond in favor of the adverse party c( conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits d( he ill pay the adverse party all damages and costs that may be a arded to him by reason of the issuance of such injunction or the other proceedings follo ing the petition e( but such injunction shall not operate to discharge or e,tinguish any lien hich the adverse party may have ac"uired upon, the property, of the petitioner 4fter the filing of the ans er or the e,piration of the period therefor a( the court shall hear the petition b( and if after such hearing, it finds that the allegations thereof are not true c( the petition shall be dismissed; d( but if it finds said allegations to be true, it shall set aside the judgment or final order or other proceeding complained of upon such terms as may be just( e( Ahereafter the case shall stand as if such judgment, final order or other proceeding had never been rendered, issued or ta%en( f( Ahe court shall then proceed to hear and determine the case as if a timely motion for a ne trial or reconsideration had been granted by it 7enial of appeal set aside a( 6here the denial of an appeal is set aside, the lo er court shall be re"uired to give due course to the appeal b( and to elevate the record of the appealed case as if a timely and proper appeal had been made RULE 3, 2 E6ecu#ion3 Sa#i fac#ion and Effec# of !udg"en# !,ecution a( shall issue as a matter of right, or motion, upon a judgment or order that disposes of the action or proceeding b( and upon the e,piration of the period to appeal therefrom if no appeal has been duly perfected c( if the appeal has been duly perfected and finally resolved d( the e,ecution may forth ith be applied for in the court of origin, on motion of the judgment obligee, e( submitting there ith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof

f( ith notice to the adverse party g( appellate court may, on motion in the same case, hen the interest of justice so re"uires, direct the court of origin to issue the rit of e,ecution 7iscretionary e,ecution: !,ecution pending appeal a( 0n motion of the prevailing party ith notice to the adverse party filed in the trial court hile it has jurisdiction over the case b( and is in possession of either the original record or the record on appeal, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order e,ecution of a judgment or final order even before the e,piration of the period to appeal( c( 4fter the trial court has lost jurisdiction the motion for e,ecution pending appeal may be filed in the appellate court( d( may only issue upon good reasons to be stated in a special order after due hearing e( may be stayed upon approval by the proper court of a sufficient supersedeas bond filed by the party against hom it is directed f( conditioned upon the performance of the judgment or order allo ed to be e,ecuted in case it shall be finally sustained in hole or in part g( Ahe bond thus given may be proceeded against on motion ith notice to the surety( !,ecution of several, separate or partial judgments a( may be e,ecuted under the same terms and conditions as e,ecution of a judgment or final order pending appeal 5ot stayed by appeal; shall be enforceable after their rendition and shall not, be stayed by an appeal ta%en therefrom a( +udgments in actions for injunction b( 3eceivership c( accounting and support d( such other judgments as are no or may hereafter be declared to be immediately e,ecutory -unless other ise ordered by the trial court( -0n appeal therefrom, the appellate court in its discretion may ma%e an order suspending, modifying, restoring or granting the injunction, receivership, accounting, or a ard of support( -stay of e,ecution shall be upon a( such terms as to bond b( or other ise as may be considered proper for the security or protection of the rights of the adverse party !,ecuted judgment reversed totally or partially or annulled, on appeal or other ise a( trial court may, on motion, issue such orders of restitution or reparation of damages as e"uity and justice may arrant under the circumstances