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General Provisions (a) The party joining the causes of action shall comply
with the rules on joinder of parties;
Section 1. Title of the Rules. These Rule shall be
known and cited as the Rules of Court. (1) (b) The joinder shall not include special civil actions or
actions governed by special rules;
Section 2. In what courts applicable. These Rules
shall apply in all the courts, except as otherwise provided by (c) Where the causes of action are between the same
the Supreme Court. (n) parties but pertain to different venues or jurisdictions, the
joinder may be allowed in the Regional Trial Court provided
Section 3. Cases governed. These Rules shall govern one of the causes of action falls within the jurisdiction of said
the procedure to be observed in actions, civil or criminal and court and the venue lies therein; and
special proceedings.
(d) Where the claims in all the causes action are
(a) A civil action is one by which a party sues another for principally for recovery of money, the aggregate amount
the enforcement or protection of a right, or the prevention or claimed shall be the test of jurisdiction. (5a)
redress of a wrong, (1a, R2)
Section 6. Misjoinder of causes of action. Misjoinder
A civil action may either be ordinary or special. Both are of causes of action is not a ground for dismissal of an action.
governed by the rules for ordinary civil actions, subject to the A misjoined cause of action may, on motion of a party or on
specific rules prescribed for a special civil action. (n) the initiative of the court, be severed and proceeded with
separately. (n)
(b) A criminal action is one by which the State
prosecutes a person for an act or omission punishable by law. RULE 3
(n)
Parties to Civil Actions
(c) A special proceeding is a remedy by which a party
seeks to establish a status, a right, or a particular fact. (2a, Section 1. Who may be parties; plaintiff and defendant.
R2) Only natural or juridical persons, or entities authorized by
law may be parties in a civil action. The term "plaintiff" may
Section 4. In what case not applicable. These Rules refer to the claiming party, the counter-claimant, the cross-
shall not apply to election cases, land registration, cadastral, claimant, or the third (fourth, etc.) party plaintiff. The term
naturalization and insolvency proceedings, and other cases "defendant" may refer to the original defending party, the
not herein provided for, except by analogy or in a suppletory defendant in a counter-claim, the cross-defendant, or the
character and whenever practicable and convenient. (R143a) third (fourth, etc.) party defendant. (1a)
Section 5. Commencement of action. A civil action is Section 2. Parties in interest. A real party in interest is
commenced by the filing of the original complaint in court. If the party who stands to be benefited or injured by the
an additional defendant is impleaded in a later pleading, the judgment in the suit, or the party entitled to the avails of the
action is commenced with regard to him on the dated of the suit. Unless otherwise authorized by law or these Rules,
filing of such later pleading, irrespective of whether the every action must be prosecuted or defended in the name of
motion for its admission, if necessary, is denied by the court. the real party in interest. (2a)
(6a)
Section 3. Representatives as parties. Where the
Section 6. Construction. These Rules shall be liberally action is allowed to be prosecuted and defended by a
construed in order to promote their objective of securing a representative or someone acting in a fiduciary capacity, the
just, speedy and inexpensive disposition of every action and beneficiary shall be included in the title of the case and shall
proceeding. (2a) be deemed to be the real property in interest.
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Section 5. Minor or incompetent persons. A minor or Section 15. Entity without juridical personality as
a person alleged to be incompetent, may sue or be sued with defendant. When two or more persons not organized as an
the assistance of his father, mother, guardian, or if he has entity with juridical personality enter into a transaction, they
none, a guardian ad litem. (5a) may be sued under the name by which they are generally or
commonly known.
Section 6. Permissive joinder of parties. All persons in
whom or against whom any right to relief in respect to or In the answer of such defendant, the name and addresses of
arising out of the same transaction or series of transactions is the persons composing said entity must all be revealed.
alleged to exist, whether jointly, severally, or in the (15a)
alternative, may, except as otherwise provided in these
Rules, join as plaintiffs or be joined as defendants in one Section 16. Death of party; duty of counsel. Whenever
complaint, where any question of law or fact common to all a party to a pending action dies, and the claim is not thereby
such plaintiffs or to all such defendants may arise in the extinguished, it shall be the duty of his counsel to inform the
action; but the court may make such orders as may be just to court within thirty (30) days after such death of the fact
prevent any plaintiff or defendant from being embarrassed or thereof, and to give the name and address of his legal
put to expense in connection with any proceedings in which representative or representatives. Failure of counsel to
he may have no interest. (6n) comply with his duty shall be a ground for disciplinary action.
Section 7. Compulsory joinder of indispensable parties. The heirs of the deceased may be allowed to be substituted
Parties in interest without whom no final determination can for the deceased, without requiring the appointment of an
be had of an action shall be joined either as plaintiffs or executor or administrator and the court may appoint a
defendants. (7) guardian ad litem for the minor heirs.
Section 8. Necessary party. A necessary party is one The court shall forthwith order said legal representative or
who is not indispensable but who ought to be joined as a representatives to appear and be substituted within a period
party if complete relief is to be accorded as to those already of thirty (30) days from notice.
parties, or for a complete determination or settlement of the
claim subject of the action. (8a) If no legal representative is named by the counsel for the
deceased party, or if the one so named shall fail to appear
Section 9. Non-joinder of necessary parties to be within the specified period, the court may order the opposing
pleaded. Whenever in any pleading in which a claim is party, within a specified time to procure the appointment of
asserted a necessary party is not joined, the pleader shall set an executor or administrator for the estate of the deceased
forth his name, if known, and shall state why he is omitted. and the latter shall immediately appear for and on behalf of
Should the court find the reason for the omission the deceased. The court charges in procuring such
unmeritorious, it may order the inclusion of the omitted appointment, if defrayed by the opposing party, may be
necessary party if jurisdiction over his person may be recovered as costs. (16a, 17a)
obtained.
Section 17. Death or separation of a party who is a public
The failure to comply with the order for his inclusion, without officer. When a public officer is a party in an action in his
justifiable cause, shall be deemed a waiver of the claim official capacity and during its pendency dies, resigns, or
against such party. otherwise ceases to hold office, the action may be continued
and maintained by or against his successor if, within thirty
The non-inclusion of a necessary party does not prevent the (30) days after the successor takes office or such time as
court from proceeding in the action, and the judgment may be granted by the court, it is satisfactorily shown to the
rendered therein shall be without prejudice to the rights of court by any party that there is a substantial need for
such necessary party. (8a, 9a) continuing or maintaining it and that the successor adopts or
continues or threatens to adopt or continue to adopt or
Section 10. Unwilling co-plaintiff. If the consent of any continue the action of his predecessor. Before a substitution
party who should be joined as plaintiff can not be obtained, is made, the party or officer to be affected, unless expressly
he may be made a defendant and the reason therefor shall assenting thereto, shall be given reasonable notice of the
be stated in the complaint. (10) application therefor and accorded an opportunity to be heard.
(18a)
Section 11. Misjoinder and non-joinder of parties.
Neither misjoinder nor non-joinder of parties is ground for Section 18. Incompetency or incapacity. If a party
dismissal of an action. Parties may be dropped or added by becomes incompetent or incapacitated, the court, upon
order of the court on motion of any party or on its own motion with notice, may allow the action to be continued by
initiative at any stage the action and on such terms as are or against the incompetent or incapacitated person assisted
just. Any claim against a misjoined party may be severed and by his legal guardian or guardian ad litem. (19a)
proceeded with separately. (11a)
Section 19. Transfer of interest. In case of any transfer
Section 12. Class suit. When the subject matter of the of interest, the action may be continued by or against the
controversy is one of common or general interest to many original party, unless the court upon motion directs the
persons so numerous that it is impracticable to join all as person to whom the interest is transferred to be substituted
parties, a number of them which the court finds to be in the action or joined with the original party. (20)
sufficiently numerous and representative as to fully protect
the interests of all concerned may sue or defend for the Section 20. Action and contractual money claims.
benefit of all. Any party in interest shall have the right to When the action is for recovery of money arising from
intervene to protect his individual interest. (12a) contract, express or implied, and the defendant dies before
entry of final judgment in the court in which the action was
Section 13. Alternative defendants. Where the plaintiff pending at the time of such death, it shall not be dismissed
is uncertain against who of several persons he is entitled to but shall instead be allowed to continue until entry of final
relief, he may join any or all of them as defendants in the judgment. A favorable judgment obtained by the plaintiff
alternative, although a right to relief against one may be therein shall be enforced in the manner especially provided
inconsistent with a right of relief against the other. (13a) in these Rules for prosecuting claims against the estate of a
deceased person. (21a)
Section 14. Unknown identity or name of defendant.
Whenever the identity or name of a defendant is unknown, Section 21. Indigent party. A party may be authorized
he may be sued as the unknown owner heir devisee, or by to litigate his action, claim or defense as an indigent if the
such other designation as the case may require, when his court, upon an ex parte application and hearing, is satisfied
identity or true name is discovered, the pleading must be that the party is one who has no money or property sufficient
amended accordingly. (14)
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and available for food, shelter and basic necessities for Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
himself and his family. Courts, and Municipal Circuit Trial Courts. (1a)
Forcible entry and detainer actions shall be commenced and (b) An affirmative defense is an allegation of a new
tried in the municipal trial court of the municipality or city matter which, while hypothetically admitting the material
wherein the real property involved, or a portion thereof, is allegations in the pleading of the claimant, would
situated. (1[a], 2[a]a) nevertheless prevent or bar recovery by him. The affirmative
defenses include fraud, statute of limitations, release,
Section 2. Venue of personal actions. All other actions payment, illegality, statute of frauds, estoppel, former
may be commenced and tried where the plaintiff or any of recovery, discharge in bankruptcy, and any other matter by
the principal plaintiffs resides, or where the defendant or any way of confession and avoidance. (5a)
of the principal defendants resides, or in the case of a non-
resident defendant where he may be found, at the election of Section 6. Counterclaim. A counterclaim is any claim
the plaintiff. (2[b]a) which a defending party may have against an opposing party.
(6a)
Section 3. Venue of actions against nonresidents. If
any of the defendants does not reside and is not found in the Section 7. Compulsory counterclaim. A compulsory
Philippines, and the action affects the personal status of the counterclaim is one which, being cognizable by the regular
plaintiff, or any property of said defendant located in the courts of justice, arises out of or is connected with the
Philippines, the action may be commenced and tried in the transaction or occurrence constituting the subject matter of
court of the place where the plaintiff resides, or where the the opposing party's claim and does not require for its
property or any portion thereof is situated or found. (2[c]a) adjudication the presence of third parties of whom the court
cannot acquire jurisdiction. Such a counterclaim must be
Section 4. When Rule not applicable. This Rule shall within the jurisdiction of the court both as to the amount and
not apply. the nature thereof, except that in an original action before
the Regional Trial Court, the counter-claim may be considered
(a) In those cases where a specific rule or law provides compulsory regardless of the amount. (n)
otherwise; or
Section 8. Cross-claim. A cross-claim is any claim by
(b) Where the parties have validly agreed in writing one party against a co-party arising out of the transaction or
before the filing of the action on the exclusive venue thereof. occurrence that is the subject matter either of the original
(3a, 5a) action or of a counterclaim therein. Such cross-claim may
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 5 asserted in the action against the cross-claimant. (7)
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answer and thereby join or make issue as to such new stating in either case his address which should not be a post
matters. If a party does not file such reply, all the new office box.
matters alleged in the answer are deemed controverted.
The signature of counsel constitutes a certificate by him that
If the plaintiff wishes to interpose any claims arising out of he has read the pleading; that to the best of his knowledge,
the new matters so alleged, such claims shall be set forth in information, and belief there is good ground to support it;
an amended or supplemental complaint. (11) and that it is not interposed for delay.
Section 11. Third, (fourth, etc.)party complaint. A An unsigned pleading produces no legal effect. However, the
third (fourth, etc.) party complaint is a claim that a court may, in its discretion, allow such deficiency to be
defending party may, with leave of court, file against a remedied if it shall appear that the same was due to mere
person not a party to the action, called the third (fourth, etc.) inadvertence and not intended for delay. Counsel who
party defendant for contribution, indemnity, subrogation or deliberately files an unsigned pleading, or signs a pleading in
any other relief, in respect of his opponent's claim. (12a) violation of this Rule, or alleges scandalous or indecent
matter therein, or fails promptly report to the court a change
Section 12. Bringing new parties. When the presence of his address, shall be subject to appropriate disciplinary
of parties other than those to the original action is required action. (5a)
for the granting of complete relief in the determination of a
counterclaim or cross-claim, the court shall order them to be Section 4. Verification. Except when otherwise
brought in as defendants, if jurisdiction over them can be specifically required by law or rule, pleadings need not be
obtained. (14) under oath, verified or accompanied by affidavit .(5a)
Section 13. Answer to third (fourth, etc.)party A pleading is verified by an affidavit that the affiant has read
complaint. A third (fourth, etc.) party defendant may the pleading and that the allegations therein are true and
allege in his answer his defenses, counterclaims or cross- correct of his knowledge and belief.
claims, including such defenses that the third (fourth, etc.)
party plaintiff may have against the original plaintiff's claim. A pleading required to be verified which contains a
In proper cases, he may also assert a counterclaim against verification based on "information and belief", or upon
the original plaintiff in respect of the latter's claim against "knowledge, information and belief", or lacks a proper
the third-party plaintiff. (n) verification, shall be treated as an unsigned pleading. (6a)
Their respective participation in the case shall be indicated. Failure to comply with the foregoing requirements shall not
(1a, 2a) be curable by mere amendment of the complaint or other
initiatory pleading but shall be cause for the dismissal of the
Section 2. The body. The body of the pleading sets case without prejudice, unless otherwise provided, upon
fourth its designation, the allegations of the party's claims or motion and after hearing. The submission of a false
defenses, the relief prayed for, and the date of the pleading. certification or non-compliance with any of the undertakings
(n) therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal
(a) Paragraphs. The allegations in the body of a actions. If the acts of the party or his counsel clearly
pleading shall be divided into paragraphs so numbered to be constitute willful and deliberate forum shopping, the same
readily identified, each of which shall contain a statement of shall be ground for summary dismissal with prejudice and
a single set of circumstances so far as that can be done with shall constitute direct contempt, as well as a cause for
convenience. A paragraph may be referred to by its number administrative sanctions. (n)
in all succeeding pleadings. (3a)
When one or more paragraphs in the answer are addressed Section 1. In general. Every pleading shall contain in
to one of several causes of action in the complaint, they shall a methodical and logical form, a plain, concise and direct
be prefaced by the words "answer to the first cause of statement of the ultimate facts on which the party pleading
action" or "answer to the second cause of action" and so on; relies for his claim or defense, as the case may be, omitting
and when one or more paragraphs of the answer are the statement of mere evidentiary facts. (1)
addressed to several causes of action, they shall be prefaced
by words to that effect. (4) If a defense relied on is based on law, the pertinent
provisions thereof and their applicability to him shall be
(c) Relief. The pleading shall specify the relief sought, clearly and concisely stated. (n)
but it may add a general prayer for such further or other
relief as may be deemed just or equitable. (3a, R6) Section 2. Alternative causes of action or defenses. A
party may set forth two or more statements of a claim or
(d) Date. Every pleading shall be dated. (n) defense alternatively or hypothetically, either in one cause of
action or defense or in separate causes of action or defenses.
Section 3. Signature and address. Every pleading When two or more statements are made in the alternative
must be signed by the party or counsel representing him, and one of them if made independently would be sufficient,
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the pleading is not made insufficient by the insufficiency of redundant, immaterial, impertinent, or scandalous matter be
one or more of the alternative statements. (2) stricken out therefrom. (5, R9)
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Section 2. Amendments as a matter of right. A party failure to amend does not effect the result of the trial of
may amend his pleading once as a matter of right at any these issues. If evidence is objected to at the trial on the
time before a responsive pleading is served or, in the case of ground that it is not within the issues made by the pleadings,
a reply, at any time within ten (10) days after it is served. the court may allow the pleadings to be amended and shall
(2a) do so with liberality if the presentation of the merits of the
action and the ends of substantial justice will be subserved
Section 3. Amendments by leave of court. Except as thereby. The court may grant a continuance to enable the
provided in the next preceding section, substantial amendment to be made. (5a)
amendments may be made only upon leave of court. But
such leave may be refused if it appears to the court that the Section 6. Supplemental pleadings. Upon motion of a
motion was made with intent to delay. Orders of the court party the court may, upon reasonable notice and upon such
upon the matters provided in this section shall be made upon terms as are just, permit him to serve a supplemental
motion filed in court, and after notice to the adverse party, pleading setting forth transactions, occurrences or events
and an opportunity to be heard. (3a) which have happened since the date of the pleading sought
to be supplemented. The adverse party may plead thereto
Section 4. Formal amendments. A defect in the within ten (10) days from notice of the order admitting the
designation of the parties and other clearly clerical or supplemental pleading. (6a)
typographical errors may be summarily corrected by the
court at any stage of the action, at its initiative or on motion, Section 7. Filing of amended pleadings. When any
provided no prejudice is caused thereby to the adverse party. pleading is amended, a new copy of the entire pleading,
(4a) incorporating the amendments, which shall be indicated by
appropriate marks, shall be filed. (7a)
Section 5. Amendment to conform to or authorize
presentation of evidence. When issues not raised by the Section 8. Effect of amended pleadings. An amended
pleadings are tried with the express or implied consent of the pleading supersedes the pleading that it amends. However,
parties they shall be treated in all respects as if they had admissions in superseded pleadings may be received in
been raised in the pleadings. Such amendment of the evidence against the pleader, and claims or defenses alleged
pleadings as may be necessary to cause them to conform to therein not incorporated in the amended pleading shall be
the evidence and to raise these issues may be made upon deemed waived. (n)a
motion of any party at any time, even after judgment; but