Provisional Remedies (c) In an action to recover the possession of
property unjustly or fraudulently taken, A. Notice of lis pendens detained or converted, when the property, or Rules of Court Rule 13 Sec. 14 any part thereof, has been concealed, Section 14. Notice of lis pendens. In an removed, or disposed of to prevent its being action affecting the title or the right of found or taken by the applicant or an possession of real property, the plaintiff and authorized person; the defendant, when affirmative relief is (d) In an action against a party who has been claimed in his answer, may record in the guilty of a fraud in contracting the debt or office of the registry of deeds of the province incurring the obligation upon which the in which the property is situated notice of the action is brought, or in the performance pendency of the action. Said notice shall thereof; contain the names of the parties and the (e) In an action against a party who has object of the action or defense, and a removed or disposed of his property, or is description of the property in that province about to do so, with intent to defraud his affected thereby. Only from the time of filing creditors; or such notice for record shall a purchaser, or (f) In an action against a party who does not encumbrancer of the property affected reside and is not found in the Philippines, or thereby, be deemed to have constructive on whom summons may be served by notice of the pendency of the action, and publication. (1a) only of its pendency against the parties designated by their real names. Section 2. Issuance and contents of order. The notice of lis pendens hereinabove An order of attachment may be issued mentioned may be cancelled only upon order either ex parte or upon motion with notice of the court, after proper showing that the and hearing by the court in which the action notice is for the purpose of molesting the is pending, or by the Court of Appeals or the adverse party, or that it is not necessary to Supreme Court, and must require the sheriff protect the rights of the rights of the party of the court to attach so much of the property who caused it to be recorded. (24a, R-14) in the Philippines of the party against whom it is issued, not exempt from execution, as Civil Code Article 1381 par. (4) may be sufficient to satisfy the applicant's Article 1381. The following contracts are demand, unless such party makes deposit or rescissible: gives a bond as hereinafter provided in an (4) Those which refer to things under amount equal to that fixed in the order, which litigation if they have been entered into by may be the amount sufficient to satisfy the the defendant without the knowledge and applicant's demand or the value of the approval of the litigants or of competent property to be attached as stated by the judicial authority; applicant, exclusive of costs. Several writs may be issued at the same time to the sheriffs of the courts of different judicial B. Preliminary attachment regions. (2a) Rules of Court Rule 57 Section 1. Grounds upon which attachment Section 3. Affidavit and bond required. An may issue. At the commencement of the order of attachment shall be granted only action or at any time before entry of when it appears by the affidavit of the judgment, a plaintiff or any proper party may applicant, or of some other person who have the property of the adverse party personally knows the facts, that a sufficient attached as security for the satisfaction of cause of action exists, that the case is one of any judgment that may be recovered in the those mentioned in section 1 hereof, that following cases: there is no other sufficient security for the (a) In an action for the recovery of a specified claim sought to be enforced by the action, amount of money or damages, other than and that the amount due to the applicant, or moral and exemplary, on a cause of action the value of the property the possession of arising from law, contract, quasi-contract, which he is entitled to recover, is as much as delict or quasi-delict against a party who is the sum for which the order is granted above about to depart from the Philippines with all legal counterclaims. The affidavit, and the intent to defraud his creditors; bond required by the next succeeding (b) In an action for money or property section, must be duly filed with the court embezzled or fraudulently misapplied or before the order issues. (3a) converted to his own use by a public officer, or an officer of a corporation, or an attorney, Section 4. Condition of applicant's bond. factor, broker, agent, or clerk, in the course The party applying for the order must of his employment as such, or by any other thereafter give a bond executed to the person in a fiduciary capacity, or for a willful adverse party in the amount fixed by the violation of duty; court in its order granting the issuance of the against whom attachment is issued and held writ, conditioned that the latter will pay all by any other person, or standing on the the costs which may be adjudged to the records of the registry of deeds in the name adverse party and all damages which he may of any other person, by filing with the registry sustain by reason of the attachment, if the of deeds a copy of the order, together with a court shall finally adjudge that the applicant description of the property attached, and a was not entitled thereto. (4a) notice that it is attached, or that such real property and any interest therein held by or Section 5. Manner of attaching property. standing in the name of such other person The sheriff enforcing the writ shall without are attached, and by leaving a copy of such delay and with all reasonable diligence order, description, and notice with the attach, to await judgment and execution in occupant of the property, if any, or with such the action, only so much of the property in other person or his agent if found within the the Philippines of the party against whom the province. Where the property has been writ is issued, not exempt from execution, as brought under the operation of either the may be sufficient to satisfy the applicant's Land Registration Act or the Property demand, unless the former makes a deposit Registration Decree, the notice shall contain with the court from which the writ is issued, a reference to the number of the certificate of or gives a counter-bond executed to the title, the volume and page in the registration applicant, in an amount equal to the bond book where the certificate is registered, and fixed by the court in the order of attachment the registered owner or owners thereof. or to the value of the property to be The registrar of deeds must index attached, exclusive of costs. No levy on attachments filed under this section in the attachment pursuant to the writ issued under names of the applicant, the adverse party, or section 2 hereof shall be enforced unless it is the person by whom the property is held or in preceded, or contemporaneously whose name it stands in the records. If the accompanied, by service of summons, attachment is not claimed on the entire area together with a copy of the complaint, the of the land covered by the certificate of title, application for attachment the applicant's a description sufficiently accurate for the affidavit and bond, and the order and writ of identification of the land or interest to be attachment, on the defendant within the affected shall be included in the registration Philippines. of such attachment; The requirement of prior or contemporaneous (b) Personal property capable of manual service of summons shall not apply where the delivery, by taking and safely keeping it in his summons could not be served personally or custody, after issuing the corresponding by substituted service despite diligent efforts, receipt therefor. or the defendant is a resident of the (c) Stocks or shares, or an interest in stocks Philippines temporarily absent therefrom, or or shares, of any corporation or company, by the defendant is a non-resident of the leaving with the president or managing agent Philippines, or the action is one thereof, a copy of the writ, and a notice in rem or quasi in rem. (5a) stating that the stock or interest of the party against whom the attachment is issued is Section 6. Sheriff's return. After enforcing attached in pursuance of such writ; the writ, the sheriff must likewise without (d) Debts and credits, including bank delay make a return thereon to the court deposits, financial interest, royalties, from which the writ issued, with a full commissions and other personal property not statement of his proceedings under the writ capable of manual delivery, by leaving with and a complete inventory of the property the person owing such debts, or having in his attached, together with any counter-bond possession or under his control, such credits given by the party against whom attachment or other personal property, or with his agent, is issued, and serve copies thereof on the a copy of the writ, and notice that the debts applicant. (6a) owing by him to the party against whom attachment is issued, and the credits and other personal property in his possession, or Section 7. Attachment of real and personal under his control, belonging to said party, are property; recording thereof. Real and attached in pursuance of such writ; personal property shall be attached by the sheriff executing the writ in the following (e) The interest of the party against whom manner: attachment is issued in property belonging to the estate of the decedent, whether as heir, (a) Real property, or growing crops thereon, legatee, or devisee, by serving the executor or any interest therein, standing upon the or administrator or other personal record of the registry of deeds of the province representative of the decedent with a copy of in the name of the party against whom the writ and notice that said interest is attachment is issued, or not appearing at all attached. A copy of said writ of attachment upon such records, or belonging to the party and of said notice shall also be filed in the office of the clerk of the court in which said examination, order personal property capable estate is being settled and served upon the of manual delivery belonging to him, in the heir, legatee or devisee concerned. possession of the person so required to If the property sought to be attached is attend before the court, to be delivered to in custodia legis, a copy of the writ of the clerk of the court or sheriff on such terms attachment shall be filed with the proper as may be just, having reference to any lien court or quasi-judicial agency, and notice of thereon or claim against the same, to await the attachment served upon the custodian of the judgment in the action. (10a) such property. (7a) Section 11. When attached property may be Section 8. Effect of attachment of sold after levy on attachment and before debts, credits and all other similar personal entry of judgment. Whenever it shall be property. All persons having in their made to appear to the court in which the possession or under their control any credits action is pending, upon hearing with notice to or other similar personal property belonging both parties, that the property attached is to the party against whom attachment is perishable, or that the interests of all the issued, or owing any debts to him, at the parties to the action will be subserved by the time of service upon them of the copy of the sale thereof, the court may order such writ of attachment and notice as provided in property to be sold at public auction in such the last preceding section, shall be liable to manner as it may direct, and the proceeds of the applicant for the amount of such credits, such sale to be deposited in court to abide debts or other similar personal property, until the judgment in the action. (11a) the attachment is discharged, or any judgment recovered by him is satisfied, Section 12. Discharge of attachment upon unless such property is delivered or giving counter-bond. After a writ of transferred, or such debts are paid, to the attachment has been enforced, the party clerk, sheriff, or other proper officer of the whose property has been attached, or the court issuing the attachment. (8a) person appearing on his behalf, may move for the discharge of the attachment wholly or Section 9. Effect of attachment of interests in part on the security given. The court shall, in property belonging to the estate of a after due notice and hearing, order the decedent. The attachment of the interest discharge of the attachment if the movant of an heir, legatee, or devisee in the property makes a cash deposit, or files a counter-bond belonging to the estate of a decedent shall executed to the attaching party with the clerk not impair the powers of the executor, of the court where the application is made, in administrator, or other personal an amount equal to that fixed by the court in representative of the decedent over such the order of attachment, exclusive of costs. property for the purpose of administration. But if the attachment is sought to be Such personal representative, however, shall discharged with respect to a particular report the attachment to the court when any property, the counter-bond shall be equal to petition for distribution is filed, and in the the value of that property as determined by order made upon such petition, distribution the court. In either case, the cash deposit or may be awarded to such heir, legatee or the counter-bond shall secure the payment of devisee, but the property attached shall be any judgment that the attaching party may ordered delivered to the sheriff making the recover in the action. A notice of the deposit levy, subject to the claim of such heir, shall forthwith be served on the attaching legatee, or devisee, or any person claiming party. Upon the discharge of an attachment in under him. (9a) accordance with the provisions of this section, the property attached, or the proceeds of any sale thereof, shall be Section 10. Examination of party whose delivered to the party making the deposit or property is attached and persons indebted to giving the counter-bond, or to the person him or controlling his property; delivery of appearing on his behalf, the deposit or property to sheriff. Any person owing counter-bond aforesaid standing in place of debts to the party whose property is attached the property so released. Should such or having in his possession or under his counter-bond for any reason be found to be control any credit or other personal property or become insufficient, and the party belonging to such party, may be required to furnishing the same fail to file an additional attend before the court in which the action is counter-bond, the attaching party may apply pending, or before a commissioner appointed for a new order of attachment. (12a) by the court, and be examined on oath respecting the same. The party whose property is attached may also be required to Section 13. Discharge of attachment on attend for the purpose of giving information other grounds. The party whose property respecting his property, and may be has been ordered attached may file a motion examined on oath. The court may, after such with the court in which he action is pending, before or after levy or even after the release Treasurer out of the funds to be appropriated of the attached property, for an order to set for the purpose. (14a) aside or discharge the attachment on the ground that the same was improperly or Section 15. Satisfaction of judgment out of irregularly issued or enforced, or that the property attached, return of sheriff. If bond is insufficient. If the attachment is judgment be recovered by the attaching excessive, the discharge shall be limited to party and execution issue thereon, the sheriff the excess. If the motion be made on may cause the judgment to be satisfied out affidavits on the part of the movant but not of the property attached, if it be sufficient for otherwise, the attaching party may oppose that purpose in the following manner: the motion by counter-affidavits or other (a) By paying to the judgment obligee the evidence in addition to that on which the proceeds of all sales of perishable or other attachment was made. After due notice and property sold in pursuance of the order of the hearing, the court shall order the setting court, or so much as shall be necessary to aside or the corresponding discharge of the satisfy the judgment; attachment if it appears that it was (b) If any balance remains due, by selling so improperly or irregularly issued or enforced, much of the property, real or personal, as or that the bond is insufficient, or that the may be necessary to satisfy the balance, if attachment is excessive, and the defect is enough for that purpose remain in the not cured forthwith. (13a) sheriff's hands, or in those the clerk of the court; Section 14. Proceedings where property (c) By collecting from all persons having in claimed by third person. If the property their possession credits belonging to the attached is claimed by any person other than judgment obligor, or owing debts to the latter the party against whom attachment had been at the time of the attachment of such credits issued or his agent, and such person makes or debts, the amount of such credits and an affidavit of his title thereto, or right to the debts as determined by the court in the possession thereof, stating the grounds of action, and stated in the judgment, and such right or title, and serves such affidavit paying the proceeds of such collection over upon the sheriff while the latter has to the judgment obligee. possession of the attached property, and a The sheriff shall forthwith make a return in copy thereof upon the attaching party, the writing to the court of his proceedings under sheriff shall not be bound to keep the this section and furnish the parties with property under attachment, unless the copies thereof. (15a) attaching party or his agent, on demand of the sheriff, shall file a bond approved by the court to indemnify the third-party claimant in Section 16. Balance due collected upon an a sum not less than the value of the property execution; excess delivered to judgment levied upon. In case of disagreement as to obligor. If after realizing upon all the such value, the same shall be decided by the property attached, including the proceeds of court issuing the writ of attachment. No claim any debts or credits collected, and applying for damages for the taking or keeping of the the proceeds to the satisfaction of the property may be enforced against the bond judgment less the expenses of proceedings unless the action therefor is filed within one upon the judgment any balance shall remain hundred twenty (120) days from the date of due, the sheriff must proceed to collect such the filing of the bond. balance as upon ordinary execution. The sheriff shall not be liable for damages for Whenever the judgment shall have been the taking or keeping of such property to any paid, the sheriff, upon reasonable demand, such third-party claimant, if such bond shall must return to the judgment obligor the be filed. Nothing herein contained shall attached property remaining in his hands, prevent such claimant or any third person and any proceeds of the sale of the property from vindicating his claim to the property, or attached not applied to the judgment. (16a) prevent the attaching party from claiming damages against a third-party claimant who Section 17. Recovery upon the counter- filed a frivolous or plainly spurious claim, in bond. When the judgment has become the same or a separate action. executory, the surety or sureties on any When the writ of attachment is issued in counter-bond given pursuant to the favor of the Republic of the Philippines, or provisions of this Rule to secure the payment any officer duly representing it, the filing of of the judgment shall become charged on such bond shall not be required, and in case such counter-bond and bound to pay the the sheriff is sued for damages as a result of judgment obligee upon demand the amount the attachment, he shall be represented by due under the judgment, which amount may the Solicitor General, and if held liable be recovered from such surety or sureties therefor, the actual damages adjudged by after notice and summary hearing in the the court shall be paid by the National same action. (17a) in fraud of creditors, when the donor did not Section 18. Disposition of money deposited. reserve sufficient property to pay all debts Where the party against whom attachment contracted before the donation. had been issued has deposited money instead of giving counter-bond, it shall be Alienations by onerous title are also applied under the direction of the court to the presumed fraudulent when made by persons satisfaction of any judgment rendered in against whom some judgment has been favor of the attaching party, and after rendered in any instance or some writ of satisfying the judgment the balance shall be attachment has been issued. The decision or refunded to the depositor or his assignee. If attachment need not refer to the property the judgment is in favor of the party against alienated, and need not have been obtained whom attachment was issued, the whole sum by the party seeking the rescission. deposited must be refunded to him or his assignee. (18a) In addition to these presumptions, the design to defraud creditors may be proved in any Section 19. Disposition of attached property other manner recognized by the law of where judgment is for party against whom evidence. (1297a) attachment was issued. If judgment be rendered against the attaching party, all the proceeds of sales and money collected or received by the sheriff, under the order of C. Preliminary injunction attachment, and all property attached Rules of Court Rule 58 remaining in any such officer's hands, shall Section 1. Preliminary injunction be delivered to the party against whom defined; classes. A preliminary injunction is attachment was issued, and the order of an order granted at any stage of an action or attachment discharged. (19a) proceeding prior to the judgment or final order, requiring a party or a court, agency or Section 20. Claim for damages on account a person to refrain from a particular act or of improper, irregular or excessive acts. It may also require the performance of a attachment. An application for damages on particular act or acts, in which case it shall be account of improper, irregular or excessive known as a preliminary mandatory injunction. attachment must be filed before the trial or (1a) before appeal is perfected or before the judgment becomes executory, with due Section 2. Who may grant preliminary notice to the attaching party and his surety injunction. A preliminary injunction may be or sureties setting forth the facts showing his granted by the court where the action or right to damages and the amount thereof. proceeding is pending. If the action or Such damages may be awarded only after proceeding is pending in the Court of Appeals proper hearing and shall be included in the or in the Supreme Court, it may be issued by judgment on the main case. said court or any member thereof. (2a) If the judgment of the appellate court be favorable to the party against whom the Section 3. Grounds for issuance of attachment was issued he must claim preliminary injunction. A preliminary damages sustained during the pendency of injunction may be granted when it is the appeal by filing an application in the established: appellate court, with notice to the party in whose favor the attachment was issued or his (a) That the applicant is entitled to the relief surety or sureties, before the judgment of the demanded, and the whole or part of such appellate court becomes executory. The relief consists in restraining the commission appellate court may allow the application to or continuance of the act or acts complained be heard and decided by the trial court. of, or in requiring the performance of an act or acts either for a limited period or Nothing herein contained shall prevent the perpetually; party against whom the attachment was issued from recovering in the same action the (b) That the commission, continuance or non- damages awarded to him from any property performance of the act or acts complained of of the attaching party not exempt from during the litigation would probably work execution should the bond or deposit given injustice to the applicant; or by the latter be insufficient or fail to fully (c) That a party, court, agency or a person is satisfy the award. (20a) doing, threatening, or is attempting to do, or is procuring or suffering to be done some act Civil Code Article 1387 or acts probably in violation of the rights of the applicant respecting the subject of the Article 1387. All contracts by virtue of which action or proceeding, and tending to render the debtor alienates property by gratuitous the judgment ineffectual. (3a) title are presumed to have been entered into Section 4. Verified application and bond for enjoined, except as herein provided. Within preliminary injunction or temporary the said twenty-day period, the court must restraining order. A preliminary injunction order said party or person to show cause, at or temporary restraining order may be a specified time and place, why the injunction granted only when: should not be granted, determine within the (a) The application in the action or same period whether or not the preliminary proceeding is verified, and shows facts injunction shall be granted, and accordingly entitling the applicant to the relief issue the corresponding order. (Bar Matter demanded; and No. 803, 17 February 1998) (b) Unless exempted by the court the However, and subject to the provisions of the applicant files with the court where the action preceding sections, if the matter is of or proceeding is pending, a bond executed to extreme urgency and the applicant will suffer the party or person enjoined, in an amount to grave injustice and irreparable injury, the be fixed by the court, to the effect that the executive judge of a multiple-sala court or applicant will pay to such party or person all the presiding judge of a single sala court may damages which he may sustain by reason of issue ex parte a temporary restraining order the injunction or temporary restraining order effective for only seventy-two (72) hours from if the court should finally decide that the issuance but he shall immediately comply applicant was not entitled thereto. Upon with the provisions of the next preceding approval of the requisite bond, a writ of section as to service of summons and the preliminary injunction shall be issued. (4a) documents to be served therewith. (c) When an application for a writ of Thereafter, within the aforesaid seventy-two preliminary injunction or a temporary (72) hours, the judge before whom the case restraining order is included in a complaint or is pending shall conduct a summary hearing any initiatory pleading, the case, if filed in a to determine whether the temporary multiple-sala court, shall be raffled only after restraining order shall be extended until the notice to and in the presence of the adverse application for preliminary injunction can be party or the person to be enjoined. In any heard. In no case shall the total period of event, such notice shall be preceded, or effectivity of the temporary restraining order contemporaneously accompanied, by service exceed twenty (20) days, including the of summons, together with a copy of the original seventy-two hours provided herein. complaint or initiatory pleading and the In the event that the application for applicant's affidavit and bond, upon the preliminary injunction is denied or not adverse party in the Philippines. resolved within the said period, the However, where the summons could not be temporary restraining order is deemed, served personally or by substituted service automatically vacated. The effectivity of a despite diligent efforts, or the adverse party temporary restraining order is not extendible is a resident of the Philippines temporarily without need of any judicial declaration to absent therefrom or is a nonresident thereof, that effect and no court shall have authority the requirement of prior or contemporaneous to extend or renew the same on the same service of summons shall not apply. ground for which it was issued. (d) The application for a temporary However, if issued by the Court of Appeals or restraining order shall thereafter be acted a member thereof, the temporary restraining upon only after all parties are heard in a order shall be effective for sixty (60) days summary hearing which shall be conducted from service on the party or person sought to within twenty-four (24) hours after the be enjoined. A restraining, order issued by sheriff's return of service and/or the records the Supreme Court or a member thereof shall are received by the branch selected by raffle be effective until further orders. (5a) and to which the records shall be transmitted immediately. Section 6. Grounds for objection to, or for motion of dissolution of, injunction or Section 5. Preliminary injunction not restraining order. The application for granted without notice; exception. No injunction or restraining order may be denied, preliminary injunction shall be granted upon a showing of its insufficiency. The without hearing and prior notice to the party injunction or restraining order may also be or person sought to be enjoined. If it shall denied, or, if granted, may be dissolved, on appear from facts shown by affidavits or by other grounds upon affidavits of the party or the verified application that great or person enjoined, which may be opposed by irreparable injury would result to the the applicant also by affidavits. It may further applicant before the matter can be heard on be denied, or if granted, may be dissolved, if notice, the court to which the application for it appears after hearing that although the preliminary injunction was made, may issue a applicant is entitled to the injunction or temporary restraining order to be effective restraining order, the issuance or only for a period of twenty (20) days from continuance thereof, as the case may be, service on the party or person sought to be would cause irreparable damage to the party or person enjoined while the applicant can be temporary restraining order to be effective fully compensated for such damages as he only for a period of twenty (20) days from may suffer, and the former files a bond in an service on the party or person sought to be amount fixed by the court conditioned that enjoined, except as herein provided. Within he will pay all damages which the applicant the twenty-day period, the court must order may suffer by the denial or the dissolution of said party or person to show cause at a the injunction or restraining order. If it specified time and place, why the injunction appears that the extent of the preliminary should not be granted. The court shall also injunction or restraining order granted is too determine, within the same period, whether great, it may be modified. (6a) or not the preliminary injunction shall be granted, and accordingly issue the Section 7. Service of copies of bonds; effect corresponding order. of disapproval of same. The party filing a However, subject to the provisions of the bond in accordance with the provisions of this preceding sections, if the matter is of Rule shall forthwith serve a copy of such extreme urgency and the applicant will suffer bond on the other party, who may except to grave injustice and irreparable injury, the the sufficiency of the bond, or of the surety or executive judge of a multiple-sala court or sureties thereon. If the applicant's bond is the presiding judge of a single-sala court may found to be insufficient in amount, or if the issue ex parte a temporary restraining order surety or sureties thereon fail to justify, and a effective for only seventy-two (72) hours from bond sufficient in amount with sufficient issuance, but shall immediately comply with sureties approved after justification is not the provisions of the next preceding section filed forthwith the injunction shall be as to service of summons and the documents dissolved. If the bond of the adverse party is to be served therewith. Thereafter, within the found to be insufficient in amount, or the aforesaid seventy-two (72) hours, the judge surety or sureties thereon fail to justify a before whom the case is pending shall bond sufficient in amount with sufficient conduct a summary hearing to determine sureties approved after justification is not whether the temporary restraining order shall filed forthwith, the injunction shall be granted be extended until the application for or restored, as the case may be. (8a) preliminary injunction can be heard. In no case shall the total period of effectivity of the temporary restraining order exceed twenty Section 8. Judgment to include damages (20) days, including the original seventy-two against party and sureties. At the trial, the hours provided herein. amount of damages to be awarded to either party, upon the bond of the adverse party, In the event that the application for shall be claimed, ascertained, and awarded preliminary injunction is denied or not under the same procedure prescribed in resolved within the said period, the section 20 of Rule 57. (9a) temporary restraining order is deemed automatically vacated. The effectivity of a temporary restraining order is not extendible Section 9. When final injunction granted. without need of any judicial declaration to If after the trial of the action it appears that that effect, and no court shall have authority the applicant is entitled to have the act or to extend or renew the same on the same acts complained of permanently enjoined the ground for which it was issued. court shall grant a final injunction perpetually However, if issued by the Court of Appeals or restraining the party or person enjoined from a member thereof, the temporary restraining the commission or continuance of the act or order shall be effective for sixty (60) days acts of confirming the preliminary mandatory from service on the party or person sought to injunction. (10a) be enjoined. A restraining order issued by the Supreme Court or a member thereof shall be effective until further orders. A.M No. 07-7-12-SC December 4 2007 The trial court, the Court of Appeals, the AMENDMENTS TO RULES 41, 45, 58 AND Sandiganbyan or the Court of Tax Appeals 65 OF THE RULES OF COURT that issued a writ of preliminary injunction SEC. 5. Preliminary injunction not granted against a lower court, board, officer, or quasi- without notice; exception. No preliminary judicial agency shall decide the main case or injunction shall be granted without hearing petition within six (6) months from the and prior notice to the party or persons issuance of the writ. sought to be enjoined. If it shall appear from facts shown by affidavits or by the verified application that great or irreparable injury RA No. 8975 (2000) would result to the applicant before the AN ACT TO ENSURE THE EXPEDITIOUS matter can be heard on notice, the court to IMPLEMENTATION AND COMPLETION OF which the application for preliminary GOVERNMENT INFRASTRUCTURE injunction was made, may issue ex parte a PROJECTS BY PROHIBITING LOWER COURTS FROM ISSUING TEMPORARY (b) Bidding or awarding of contract/ project of RESTRANING ORDERS. PRELIMINARY the national government as defined under INJUNCTIONS OR PRELIMINARY Section 2 hereof; MANDATORY INJUNCTIONS, PROVIDING (c) Commencement prosecution, execution, PENALTIES FOR VIOLATIONS THEREOF, implementation, operation of any such AND FOR OTHER PURPOSES. contract or project;1awphil.net Be it enacted by the Senate and House of (d) Termination or rescission of any such Representatives of the Philippines Congress contract/project; and assembled: (e) The undertaking or authorization of any Section 1. Declaration of Policy. - Article XII, other lawful activity necessary for such Section 6 of the Constitution states that the contract/project. use of property bears a social function, and This prohibition shall apply in all cases, all economic agents shall contribute to the disputes or controversies instituted by a common good. Towards this end, the State private party, including but not limited to shall ensure the expeditious and efficient cases filed by bidders or those claiming to implementation and completion of have rights through such bidders involving government infrastructure projects to avoid such contract/project. This prohibition shall unnecessary increase in construction, not apply when the matter is of extreme maintenance and/or repair costs and to urgency involving a constitutional issue, such immediately enjoy the social and economic that unless a temporary restraining order is benefits therefrom. issued, grave injustice and irreparable injury will arise. The applicant shall file a bond, in Section 2. Definition of Terms. an amount to be fixed by the court, which (a) National government projects" shall refer bond shall accrue in favor of the government to all current and future national government if the court should finally decide that the infrastructure, engineering works and service applicant was not entitled to the relief contracts, including projects undertaken by sought. government-owned and controlled In after due hearing the court finds that the corporations, all projects covered by Republic award of the contract is null and void, the Act No. 6957, as amended by Republic Act court may, if appropriate under the No. 7718, otherwise known as the Build- circumstances, award the contract to the Operate-and-Transfer Law, and other related qualified and winning bidder or order a and necessary activities such as site rebidding of the same, without prejudice to acquisition, supply and/or installation of any liability that the guilty party may incur equipment and materials, implementation, under existing laws. construction, completion, operation, maintenance, improvement, repair and Section 4. Nullity of Writs and Orders. Any rehabilitation, regardless of the source of temporary restraining order, preliminary funding. injunction or preliminary mandatory (b) "Service contracts" shall refer to injunction issued in violation of Section 3 infrastructure contracts entered into by any hereof is void and of no force and effect. department, office or agency of the national government with private entities and non- Section 5. Designation of Regional Trial government organizations for services Courts. - The Supreme Court may designate related or incidental to the functions and regional trial courts to act as commissioners operations of the department, office or with the sole function of receiving facts of the agency concerned. case involving acquisition clearance and development of right-of-way for government Section 3. Prohibition on the Issuance of infrastructure projects. The designated Temporary Restraining Orders, Preliminary regional trial court shall within thirty (30) Mandatory Injunctions. No court, except the days from the date of receipt of the referral, Supreme Court, shall issue any temporary forwards its findings of facts to the Supreme restraining order, preliminary injunction or Court for appropriate action. preliminary mandatory injunction against the government, or any of its subdivisions, Section 6. Penal Sanction. In addition to officials or any person or entity, whether any civil and criminal liabilities he or she may public or private acting under the incur under existing laws, any judge who government direction, to restrain, prohibit or shall issue a temporary restraining order, compel the following acts: preliminary injunction or preliminary (a) Acquisition, clearance and development of mandatory injunction in violation of Section 3 the right-of-way and/or site or location of any hereof, shall suffer the penalty of suspension national government project; of at least sixty (60) days without pay. Section 7. Issuance of Permits. Upon During the pendency of an appeal, the payment in cash of the necessary fees levied appellate court may allow an application for under Republic Act No. 7160, as amended, the appointment of a receiver to be filed in otherwise known as the Local Government and decided by the court of origin and the Code of 1991, the governor of the province or receiver appointed to be subject to the mayor of a highly-urbanized city shall control of said court. (1a) immediately issue the necessary permit to extract sand, gravel and other quarry Section 2. Bond on appointment of receiver. resources needed in government projects. Before issuing the order appointing a The issuance of said permit shall consider receiver the court shall require the applicant environmental laws, land use ordinances and to file a bond executed to the party against the pertinent provisions of the Local whom the application is presented, in an Government Code relating to environment. amount to be fixed by the court, to the effect that the applicant will pay such party all RA No. 9136 Sec. 78 (2001) damages he may sustain by reason of the AN ACT ORDAINING REFORMS IN THE appointment of such receiver in case the ELECTRIC POWER INDUSTRY AMENDING applicant shall have procured such FOR THE PURPOSE CERTAIN LAWS AND appointment without sufficient cause; and FOR OTHER PURPOSES the court may, in its discretion, at any time SEC. 78. Injunction and Restraining Order. after the appointment, require an additional The implementation of the provisions of the bond as further security for such damages. Act shall not be restrained or enjoined except (3a) by an order issued by the Supreme Court of the Philippines. Section 3. Denial of application or discharge of receiver. The application may be D. Receivership denied, or the receiver discharged, when the Rules of Court Rule 59 adverse party files a bond executed to the Section 1. Appointment of receiver. Upon applicant, in an amount to be fixed by the a verified application, one or more receivers court, to the effect that such party will pay of the property subject of the action or the applicant all damages he may suffer by proceeding may be appointed by the court reason of the acts, omissions, or other where the action is pending or by the Court matters specified in the application as ground of Appeals or by the Supreme Court, or a for such appointment. The receiver may also member thereof, in the following cases: be discharged if it is shown that his (a) When it appears from the verified appointment was obtained without sufficient application, and such other proof as the court cause. (4a) may require, that the party applying for the appointment of a receiver has an interest in Section 4. Oath and bond of receiver. the property or fund which is the subject of Before entering upon his duties, the receiver the action or proceeding, and that such shall be sworn to perform them faithfully, and property or fund is in danger of being lost, shall file a bond, executed to such person and removed, or materially injured unless a in such sum as the court may direct, to the receiver be appointed to administer and effect that he will faithfully discharge his preserve it; duties in the action or proceeding and obey (b) When it appears in an action by the the orders of the court. (5a) mortgagee for the foreclosure of a mortgage that the property is in danger of being wasted Section 5. Service of copies of bonds; effect or dissipated or materially injured, and that of disapproval of same. The person filing a its value is probably insufficient to discharge bond in accordance with the provisions of this the mortgage debt, or that the parties have Rule shall forthwith serve a copy thereof on so stipulated in the contract of mortgage; each interested party, who may except to its (c) After judgment, to preserve the property sufficiency or of the surety or sureties during the pendency of an appeal, or to thereon. If either the applicant's or the dispose of it according to the judgment, or to receiver's bond is found to be insufficient in aid execution when the execution has been amount, or if the surety or sureties thereon returned unsatisfied or the judgment obligor fail to justify, and a bond sufficient in amount refuses to apply his property in satisfaction of with sufficient sureties approved after the judgment, or otherwise to carry the justification is not filed forthwith, the judgment into effect; application shall be denied or the receiver (d) Whenever in other cases it appears that discharged, as the case may be. If the bond the appointment of a receiver is the most of the adverse party is found to be convenient and feasible means of preserving, insufficient in amount or the surety or administering, or disposing of the property in sureties thereon fail to justify, and a bond litigation. sufficient in amount with sufficient sureties approved after justification is not filed Section 9. Judgment to include recovery forthwith, the receiver shall be appointed or against sureties. The amount, if any, to be re-appointed, as the case may be. (6a) awarded to any party upon any bond filed in accordance with the provisions of this Rule, Section 6. General powers of receiver. shall be claimed, ascertained, and granted Subject to the control of the court in which under the same procedure prescribed in the action or proceeding is pending a section 20 of Rule 57. (9a) receiver shall have the power to bring and defend, in such capacity, actions in his own name; to take and keep possession of the E. Replevin property in controversy; to receive rents; to Rules of Court Rule 60 collect debts due to himself as receiver or to Section 1. Application. A party praying for the fund, property, estate, person, or the recovery of possession of personal corporation of which he is the receiver; to property may, at the commencement of the compound for and compromise the same; to action or at any time before answer, apply for make transfers; to pay outstanding debts; to an order for the delivery of such property to divide the money and other property that him, in the manner hereinafter provided. (1a) shall remain among the persons legally entitled to receive the same; and generally to Section 2. Affidavit and bond. The do such acts respecting the property as the applicant must show by his own affidavit or court may authorize. However, funds in the that of some other person who personally hands of a receiver may be invested only by knows the facts: order of the court upon the written consent of (a) That the applicant is the owner of the all the parties to the action. (7a) property claimed, particularly describing it, or No action may be filed by or against a is entitled to the possession thereof; receiver without leave of the court which (b) That the property is wrongfully detained appointed him. (n) by the adverse party, alleging the cause of detention thereof according to the best of his Section 7. Liability for refusal or neglect to knowledge, information, and belief ; deliver property to receiver. A person who (c) That the property has not been distrained refuses or neglects, upon reasonable or taken for a tax assessment or a fine demand, to deliver to the receiver all the pursuant to law, or seized under a writ of property, money, books, deeds, notes, bills, execution or preliminary attachment, or documents and papers within his power or otherwise placed under custodia legis, or if so control, subject of or involved in the action or seized, that it is exempt from such seizure or proceeding, or in case of disagreement, as custody; and determined and ordered by the court, may be (d) The actual market value of the property. punished for contempt and shall be liable to The applicant must also give a bond, the receiver for the money or the value of the executed to the adverse party in double the property and other things so refused or value of the property as stated in the affidavit neglected to be surrendered, together with aforementioned, for the return of the all damages that may have been sustained property to the adverse party if such return by the party or parties entitled thereto as a be adjudged, and for the payment to the consequence of such refusal or neglect. (n) adverse party of such sum as he may recover from the applicant in the action. (2a) Section 8. Termination of receivership; compensation of receiver. Section 3. Order. Upon the filing of such Whenever the court, motu proprio or on affidavit and approval of the bond, the court motion of either party, shall determine that shall issue an order and the corresponding the necessity for a receiver no longer exists, writ of replevin, describing the personal it shall, after due notice to all interested property alleged to be wrongfully detained parties and hearing, settle the accounts of and requiring the sheriff forthwith to take the receiver, direct the delivery of the funds such property into his custody. (3a) and other property in his possession to the person adjudged to be entitled to receive them and order the discharge of the receiver Section 4. Duty of the sheriff. Upon from further duty as such. The court shall receiving such order, the sheriff must serve a allow the receiver such reasonable copy thereof on the adverse party, together compensation as the circumstances of the with a copy of the application, affidavit and case warrant, to be taxed as costs against bond, and must forthwith take the property, if the defeated party, or apportioned, as justice it be in the possession of the adverse party, requires. (8a) or his agent, and retain it in his custody. If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the building or property may be enforced against the bond enclosure to be broken open and take the unless the action therefor is filed within one property into his possession. After the sheriff hundred twenty (120) days from the date of has take possession of the property as herein the filing of the bond. provided, he must keep it in a secure place The sheriff shall not be liable for damages, and shall be responsible for its delivery to the for the taking or keeping of such property, to party entitled thereto upon receiving his fees any such third-party claimant if such bond and necessary expenses for taking and shall be filed. Nothing herein contained shall keeping the same. (4a) prevent such claimant or any third person from vindicating his claim to the property, or Section 5. Return of property. If the prevent the applicant from claiming damages adverse party objects to the sufficiency of the against a third-party claimant who filed a applicant's bond, or of the surety or sureties frivolous or plainly spurious claim, in the thereon, he cannot immediately require the same or a separate action. return of the property, but if he does not so When the writ of replevin is issued in favor of object, he may, at any time before the the Republic of the Philippines, or any officer delivery of the property to the applicant, duly representing it, the filing of such bond require the return thereof, by filing with the shall not be required, and in case the sheriff court where the action is pending a bond is sued for damages as a result of the executed to the applicant, in double the value replevin, he shall be represented by the of the property as stated in the applicant's Solicitor General, and if held liable therefor, affidavit for the delivery thereof to the the actual damages adjudged by the court applicant, if such delivery be adjudged, and shall be paid by the National Treasurer out of for the payment of such sum, to him as may the funds to be appropriated for the purpose. be recovered against the adverse party, and (7a) by serving a copy of such bond on the applicant. (5a) Section 8. Return of papers. The sheriff must file the order, with his proceedings Section 6. Disposition of property by indorsed, thereon, with the court within ten sheriff. If within five (5) days after the (10) days after taking the property taking of the property by the sheriff, the mentioned therein. (8a) adverse party does not object to the sufficiency of the bond, or of the surety or Section 9. Judgment. After trial of the sureties thereon; or if the adverse party so issues the court shall determine who has the objects and the court affirms its approval of right of possession to and the value of the the applicant's bond or approves a new bond, property and shall render judgment in the or if the adverse party requires the return of alternative for the delivery thereof to the the property but his bond is objected to and party entitled to the same, or for its value in found insufficient and he does not forthwith case delivery cannot be made, and also for file an approved bond, the property shall be such damages as either party may prove, delivered to the applicant. If for any reason with costs. (9a) the property is not delivered to the applicant, the sheriff must return it to the adverse party. Section 10. Judgment to include recovery (6a) against sureties. The amount, if any, to be Section 7. Proceedings where property awarded to any party upon any bond filed in claimed by third person. If the property accordance with the provisions of this Rule, taken is claimed by any person other than shall be claimed, ascertained, and granted the party against whom the writ of replevin under the same procedure as prescribed in had been issued or his agent, and such section 20 of Rule 57. (10a) person makes an affidavit of his title thereto, or right to the possession thereof, stating the F. Support pendent elite grounds therefor, and serves such affidavit Rules of Court Rule 61 upon the sheriff while the latter has possession of the property and a copy thereof Section 1. Application. At the upon the applicant, the sheriff shall not be commencement of the proper action or bound to keep the property under replevin or proceeding, or at any time prior to the deliver it to the applicant unless the applicant judgment or final order, a verified application or his agent, on demand of said sheriff, shall for support pendente lite may be filed by any file a bond approved by the court to party stating the grounds for the claim and indemnify the third-party claimant in a sum the financial conditions of both parties, and not less than the value of the property under accompanied by affidavits, depositions or replevin as provided in section 2 hereof. In other authentic documents in support case of disagreement as to such value, the thereof. (1a) court shall determine the same. No claim for damages for the taking or keeping, of the Section 2. Comment. A copy of the pendency, in accordance with the procedure application and all supporting documents established under this Rule. (n) shall be served upon the adverse party, who shall have five (5) days to comment thereon Section 7. Restitution. When the unless a different period is fixed by the court judgment or final order of the court finds that upon his motion. The comment shall be the person who has been providing verified and shall be accompanied by support pendente lite is not liable therefor, it affidavits, depositions or other authentic shall order the recipient thereof to return to documents in support thereof. (2a, 3a) the former the amounts already paid with legal interest from the dates of actual Section 3. Hearing. After the comment is payment, without prejudice to the right of the filed, or after the expiration of the period for recipient to obtain reimbursement in a its filing, the application shall be set for separate action from the person legally hearing not more than three (3) days obliged to give the support. Should the thereafter. The facts in issue shall be proved recipient fail to reimburse said amounts, the in the same manner as is provided for person who provided the same may likewise evidence on motions. (4a) seek reimbursement thereof in a separate action from the person legally obliged to give Section 4. Order. The court shall such support. (n) determine provisionally the pertinent facts, and shall render such orders as justice and XII. Discovery equity may require, having the regard to the probable outcome of the case and such other Rules of Court Rule 23 circumstances as may aid in the proper Depositions Pending Action resolution of the question involved. If the Section 1. Depositions pending action, when application is granted, the court shall fix the may be taken. By leave of court after amount of money to be provisionally paid or jurisdiction has been obtained over any such other forms of support as should be defendant or over property which is the provided, taking into account the necessities subject of the action, or without such leave of the applicant and the resources or means after an answer has been served, the of the adverse party, and the terms of testimony of any person, whether a party or payment or mode for providing the support. If not, may be taken, at the instance of any the application is denied, the principal case party, by deposition upon oral examination or shall be tried and decided as early as written interrogatories. The attendance of possible. (5a) witnesses may be compelled by the use of a subpoena as provided in Rule 21. Depositions Section 5. Enforcement of order. If the shall be taken only in accordance with these adverse party fails to comply with an order Rules. The deposition of a person confined in granting support pendente lite, the court prison may be taken only by leave of court on shall, motu proprio or upon motion; issue an such terms as the court prescribes. (1a, R24) order of execution against him, without prejudice to his liability for contempt. (6a) Section 2. Scope of examination. Unless When the person ordered to give otherwise ordered by the court as provided support pendente lite refuses or fails to do by section 16 or 18 of this Rule, the deponent so, any third person who furnished that may be examined regarding any matter, not support to the applicant may, after due privileged, which is relevant to the subject of notice and hearing in the same case obtain a the pending action, whether relating to the writ of execution to enforce his right of claim or defense of any other party, including reimbursement against the person ordered to the existence, description, nature, custody, provide such support. (h) condition, and location of any books, documents, or other tangible things and the Section 6. Support in criminal cases. In identity and location of persons having criminal actions where the civil liability knowledge of relevant facts. (2, R24) includes support for the offspring as a consequence of the crime and the civil aspect Section 3. Examination and cross- thereof has not been waived, reserved and examination. Examination and cross- instituted prior to its filing, the accused may examination of deponents may proceed as be ordered to provide support pendente permitted at the trial under sections 3 to 18 lite to the child born to the offended party of Rule 132. (3a, R24) allegedly because of the crime. The application therefor may be filed successively Section 4. Use of depositions. At the trial by the offended party, her parents, or upon the hearing of a motion or an grandparents or guardian and the State in interlocutory proceeding, any part or all of a the corresponding criminal case during its deposition, so far as admissible under the rules of evidence, may be used against any his own witness for any purpose by taking his party who was present or represented at the deposition. (7, R24) taking of the deposition or who had due notice thereof, in accordance with any one of Section 8. Effect of using depositions. The the following provisions; introduction in evidence of the deposition or any part thereof for any purpose other than Any deposition may be used by any party for that of contradicting or impeaching the the purpose of contradicting or impeaching deponent makes the deponent the witness of the testimony of deponent as a witness; the party introducing the deposition, but this The deposition of a party or of any one who shall not apply to the use by an adverse at the time of taking the deposition was an party of a deposition as described in officer, director, or managing agent of a paragraph (b) of section 4 of this Rule. (8, public or private corporation, partnership, or R24) association which is a party may be used by an adverse party for any purpose; Section 9. Rebutting deposition. At the The deposition of a witness, whether or not a trial or hearing any party may rebut any party, may be used by any party for any relevant evidence contained in a deposition purpose if the court finds: (1) that the witness whether introduced by him or by any other is dead, or (2) that the witness resides at a party. (9, R24) distance more than one hundred (100) kilometers from the place of trial or hearing, Section 10. Persons before whom or is out of the Philippines, unless it appears depositions may be taken within the that his absence was procured by the party Philippines. Within the Philippines offering the deposition, or (3) that the depositions may be taken before any judge, witness is unable to attend or testify because notary public, or the person referred to in of age, sickness, infirmity, or imprisonment, section 14 hereof. (10a, R24) or (4) that the party offering the deposition has been unable to procure the attendance of Section 11. Persons before whom the witness by subpoena; or (5) upon depositions may be taken in foreign application and notice, that such exceptional countries. In a foreign state or country, circumstances exist as to make it desirable, depositions may be taken (a) on notice in the interest of justice and with due regard before a secretary of embassy or legation, to the importance of presenting the consul general, consul, vice-consul, or testimony of witnesses orally in open court, consular agent of the Republic of the to allow the deposition to be used; and Philippines, (b) before such person or officer If only part of a deposition is offered in as may be appointed by commission or under evidence by a party, the adverse party may letters rogatory; or (c) the person referred to require him to introduce all of it which is in section 14 hereof. (11a, R24) relevant to the part introduced, and any party may introduce any other parts. (4a, R24) Section 12. Commission or letters rogatory. A commission or letters rogatory shall be Section 5. Effect of substitution of parties. issued only when necessary or convenient, Substitution of parties does not affect the on application and notice, and on such terms, right to use depositions previously taken; and with such direction as are just and and, when an action has been dismissed and appropriate. Officers may be designated in another action involving the same subject is notices or commissions either by name or afterward brought between the same parties descriptive title and letters rogatory may be or their representatives or successors in addressed to the appropriate judicial interest, all depositions lawfully taken and authority in the foreign country. (12a, R24) duly filed in the former action may be used in the latter as if originally taken therefor. (5, R24) Section 13. Disqualification by interest. No deposition shall be taken before a person who is a relative within the sixth degree of Section 6. Objections to admissibility. consanguinity or affinity, or employee or Subject to the provisions of section 29 of this counsel of any of the parties, or who is a Rule, objection may be made at the trial or relative within the same degree, or employee hearing, to receiving in evidence any of such counsel; or who is financially deposition or part thereof for any reason interested in the action. (13a, R24) which would require the exclusion of the evidence if the witness were then present and testifying (6, R24) Section 14. Stipulations regarding taking of depositions. If the parties so stipulate in writing, depositions may be taken before any Section 7. Effect of taking depositions. A person authorized to administer oaths, at any party shall not be deemed to make a person time or place, in accordance with these Rules and when so taken may be used like other served with notice of taking a deposition may depositions. (14a, R24) transmit written interrogatories to the officers, who shall propound them to the Section 15. Deposition upon oral witness and record the answers verbatim. examination; notice; time and place. A (17, R24) party desiring to take the deposition of any person upon oral examination shall give Section 18. Motion to terminate or limit reasonable notice in writing, to every other examination. At any time during the taking party to the action. The notice shall state the of the deposition, on motion or petition of any time and place for taking the deposition and party or of the deponent, and upon a showing the name and address of each person to be that the examination is being conducted in examined, if known, and if the name is not bad faith or in such manner as unreasonably known, a general description sufficient to to annoy, embarrass, or oppress the identify him or the particular class or group to deponent or party, the court in which the which he belongs. On motion of any party action is pending or the Regional Trial Court upon whom the notice is served, the court of the place where the deposition is being may for cause shown enlarge or shorten the taken may order the officer conducting the time. (15, R24) examination to cease forthwith from taking the deposition, or may limit the scope and Section 16. Orders for the protection of manner of the taking of the deposition, as parties and deponents. After notice is provided in section 16 of this Rule. If the served for taking a deposition by oral order made terminates the examination, it examination, upon motion seasonably made shall be resumed thereafter only upon the by any party or by the person to be examined order of the court in which the action is and for good cause shown, the court in which pending. Upon demand of the objecting party the action is pending may make an order that or deponent, the taking of the deposition the deposition shall not be taken, or that it shall be suspended for the time necessary to may be taken only at some designated place make a notice for an order. In granting or other than that stated in the notice, or that it refusing such order, the court may impose may be taken only on written interrogatories, upon either party or upon the witness the or that certain matters shall not be inquired requirement to pay such costs or expenses as into, or that the scope of the examination the court may deem reasonable. (18a, R24) shall be held with no one present except the parties to the action and their officers or Section 19. Submission to counsel, or that after being sealed the witness; changes; signing. When the deposition shall be opened only by order of testimony is fully transcribed, the deposition the court, or that secret processes, shall be submitted to the witness for developments, or research need not be examination and shall be read to or by him, disclosed, or that the parties shall unless such examination and reading are simultaneously file specified documents or waived by the witness and by the parties. information enclosed in sealed envelopes to Any changes in form or substance which the be opened as directed by the court or the witness desires to make shall be entered court may make any other order which justice upon the deposition by the officer with a requires to protect the party or witness from statement of the reasons given by the annoyance, embarrassment, or oppression. witness for making them. The deposition shall (16a, R24) then be signed by the witness, unless the parties by stipulation waive the signing or the Section 17. Record of witness is ill or cannot be found or refuses to examination, oath; objections. The officer sign. If the deposition is not signed by the before whom the deposition is to be taken witness, the officer shall sign it and state on shall put the witness on oath and shall the record the fact of the waiver or of the personally, or by some one acting under his illness or absence of the witness or the fact direction and in his presence, record the of the refusal to sign together with the reason testimony of the witness. The testimony shall be given therefor, if any, and the deposition be taken stenographically unless the parties may then be used as fully as though signed, agree otherwise. All objections made at the unless on a motion to suppress under section time of the examination to the qualifications 29 (f) of this Rule, the court holds that the of the officer taking the deposition, or to the reasons given for the refusal to sign require manner of talking it, or to the evidence rejection of the deposition in whole or in part. presented, or to the conduct of any party, (19a, R24) and any other objection to the proceedings, shall be noted by the officer upon the Section 20. Certification, and filing by deposition. Evidence objected to shall be officer. The officer shall certify on the taken subject to the objections. In lieu of deposition that the witness was duly sworn to participating in the oral examination, parties by him and that the deposition is a true record of the testimony given by the witness. Section 26. Officers to take responses and He shall then securely seal the deposition in prepare record. A copy of the notice and an envelope indorsed with the title of the copies of all interrogatories served shall be action and marked "Deposition of (here insert delivered by the party taking the deposition the name of witness)" and shall promptly file to the officer designated in the notice, who it with the court in which the action is shall proceed promptly, in the manner pending or send it by registered mail to the provided by sections 17, 19 and 20 of this clerk thereof for filing. (20, R24) Rule, to take the testimony of the witness in response to the interrogatories and to Section 21. Notice of filing. The officer prepare, certify, and file or mail the taking the deposition shall give prompt notice deposition, attaching thereto the copy of the of its filing to all the parties. (21, R24) notice and the interrogatories received by him. (26, R24) Section 22. Furnishing copies. Upon payment of reasonable charges therefor, the Section 27. Notice of filing and furnishing officer shall furnish a copy of the deposition copies. When a deposition upon to any party or to the deponent. (22, R24) interrogatories is filed, the officer taking it shall promptly give notice thereof to all the parties, and may furnish copies to them or to Section 23. Failure to attend of party giving the deponent upon payment of reasonable notice. If the party giving the notice of the charges therefor. (27, R24) taking of a deposition fails to attend and proceed therewith and another attends in person or by counsel pursuant to the notice, Section 28. Order for the protection of the court may order the party giving the parties and deponents. After the service of notice to pay such other party the amount of the interrogatories and prior to the taking of the reasonable expenses incurred by him and the testimony of the deponent, the court in his counsel in so attending, including which the action is pending, on motion reasonable attorney's fees. (23a, R24) promptly made by a party or a deponent, and for good cause shown, may make any order specified in sections 15, 16 and 18 of this Section 24. Failure of party giving notice to Rule which is appropriate and just or an order serve subpoena. If the party giving the that the deposition shall not be taken before notice of the taking of a deposition of a the officer designated in the notice or that it witness fails to serve a subpoena upon him shall not be taken except upon oral and the witness because of such failure does examination. (28a, R24) not attend, and if another party attends in person or by counsel because he expects the deposition of that witness to be taken, the Section 29. Effect of errors and court may order the party giving the notice to irregularities in depositions. pay to such other party the amount of the As to notice. All errors and irregularities in reasonable expenses incurred by him and his the notice for taking a deposition are waived counsel in so attending, including reasonable unless written objection is promptly served attorney's fees. (24a, R24) upon the party giving the notice.
Section 25. Deposition upon written As to disqualification of officer. Objection
interrogatories; service of notice and of to taking a deposition because of interrogatories. A party desiring to take disqualification of the officer before whom it the deposition of any person upon written is to be taken is waived unless made before interrogatories shall serve them upon every the taking of the deposition begins or as soon other party with a notice stating the name thereafter as the disqualification becomes and address of the person who is to answer known or could be discovered with them and the name or descriptive title and reasonable diligence. address of the officer before whom the deposition is to be taken. Within ten (10) As to competency or relevancy of evidence. days thereafter, a party so served may serve Objections to the competency of witness or cross-interrogatories upon the party the competency, relevancy, or materiality of proposing to take the deposition. Within five testimony are not waived by failure to make (5) days thereafter, the latter may serve re- them before or during the taking of the direct interrogatories upon a party who has deposition, unless the ground, of the served cross-interrogatories. Within three (3) objection is one which might have been days after being served with re-direct obviated or removed if presented at that interrogatories, a party may serve recross- time. interrogatories upon the party proposing to take the deposition. (25, R24) As to oral examination and other particulars. Errors and irregularities occurring at the oral examination in the manner of taking the the petitioner to take the depositions of the deposition in the form of the questions or persons to be examined named in the answers, in the oath or affirmation, or in the petition for the purpose of perpetuating their conduct of the parties and errors of any kind testimony. (2, R134) which might be obviated, removed, or cured if promptly prosecuted, are waived unless Section 3. Notice and service. The reasonable objection thereto is made at the petitioner shall serve a notice upon each taking of the deposition. person named in the petition as an expected adverse party, together with a copy of the As to form of written interrogatories. petition, stating that the petitioner will apply Objections to the form of written to the court, at a time and place named interrogatories submitted under sections 25 therein, for the order described in the and 26 of this Rule are waived unless served petition. At least twenty (20) days before the in writing upon the party propounding them date of the hearing, the court shall cause within the time allowed for serving notice thereof to be served on the parties succeeding cross or other interrogatories and and prospective deponents in the manner within three (3) days after service of the last provided for service of summons. (3a, R134) interrogatories authorized. Section 4. Order and examination. If the As to manner of preparation. Errors and court is satisfied that the perpetuation of the irregularities in the manner in which the testimony may prevent a failure or delay of testimony is transcribed or the deposition is justice, it shall make an order designating or prepared, signed, certified, sealed, indorsed, describing the persons whose deposition may transmitted, filed, or otherwise dealt with by be taken and specifying the subject matter of the officer under sections 17, 19, 20 and 26 the examination and whether the depositions of this Rule are waived unless a motion to shall be taken upon oral examination or suppress the deposition or some part thereof written interrogatories. The depositions may is made with reasonable promptness after be taken in accordance with Rule 23 before such defect is, or with due diligence might the hearing. (4a, R134) have been, ascertained. (29a, R24) Section 5. Reference to court. For the purpose of applying Rule 23 to depositions Rules of Court Rule 24 for perpetuating testimony, each reference Depositions Before Action or Pending therein to the court in which the action is Appeal pending shall be deemed to refer to the court Section 1. Depositions before in which the petition for such deposition was action; petition. A person who desires to filed. (5a, R134) perpetuate his own testimony or that of another person regarding any matter that Section 6. Use of deposition. If a may be cognizable in any court of the deposition to perpetuate testimony is taken Philippines may file a verified petition in the under this Rule, or if, although not so taken, it court of the place of the residence of any would be admissible in evidence, it may be expected adverse party. (1a R134) used in any action involving the same subject matter sub-sequently brought in accordance Section 2. Contents of petition. The with the provisions of sections 4 and 5 of Rule petition shall be entitled in the name of the 23. (6a, R134) petitioner and shall show: (a) that the petitioner expects to be a party Section 7. Depositions pending appeal. If to an action in a court of the Philippines but is an appeal has been taken from a judgment of presently unable to bring it or cause it to be a court, including the Court of Appeals in brought; proper cases, or before the taking of an (b) the subject matter of the expected action appeal if the time therefor has not expired, and his interest therein; the court in which the judgment was rendered may allow the taking of depositions (c) the facts which he desires to establish by of witnesses to perpetuate their testimony for the proposed testimony and his reasons for in the event of further proceedings in the said desiring to perpetuate it; court. In such case the party who desires to (d) the names or a description of the persons perpetuate the testimony may make a he expects will be adverse parties and their motion in the said court for leave to take the addresses so far as known; and depositions, upon the same notice and (e) the names and addresses of the persons service thereof as if the action was pending to be examined and the substance of the therein. The motion shall state testimony which he expects to elicit from (a) the names and addresses of the persons each, and shall ask for an order authorizing to be examined and the substance of the testimony which he expects to elicit from with written interrogatories may not be each, and compelled by the adverse party to give (b) the reason for perpetuating their testimony in open court, or to give a testimony. If the court finds that the deposition pending appeal. (n) perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the deposition to be Rules of Court Rule 26 taken, and thereupon the depositions may be Admission by Adverse Party taken and used in the same manner and Section 1. Request for admission. At any under the same conditions as are prescribed time after issues have been joined, a party in these Rules for depositions taken in may file and serve upon any other party may pending actions. (7a, R134) file and serve upon any other party a written request for the admission by the latter of the genuineness of any material and relevant Rules of Court Rule 25 document described in and exhibited with the Interrogatories to Parties request or of the truth of any material and Section 1. Interrogatories to parties; service relevant matter of fact set forth in the thereof. Under the same conditions request. Copies of the documents shall be specified in section 1 of Rule 23, any party delivered with the request unless copy have desiring to elicit material and relevant facts already been furnished. (1a) from any adverse parties shall file and serve upon the latter written interrogatories to be Section 2. Implied admission. Each of the answered by the party served or, if the party matters of which an admission is requested served is a public or private corporation or a shall be deemed admitted unless, within a partnership or association, by any officer period designated in the request, which shall thereof competent to testify in its behalf. (1a) not be less than fifteen (15) days after service thereof, or within such further time as Section 2. Answer to interrogatories. The the court may allow on motion, the party to interrogatories shall be answered fully in whom the request is directed files and serves writing and shall be signed and sworn to by upon the party requesting the admission a the person making them. The party upon sworn statement either denying specifically whom the interrogatories have been served the matters of which an admission is shall file and serve a copy of the answers on requested or setting forth in detail the the party submitting the interrogatories reasons why he cannot truthfully either admit within fifteen (15) days after service thereof or deny those matters. unless the court on motion and for good Objections to any request for admission shall cause shown, extends or shortens the time. be submitted to the court by the party (2a) requested within the period for and prior to the filing of his sworn statement as contemplated in the preceding paragraph Section 3. Objections to interrogatories. and his compliance therewith shall be Objections to any interrogatories may be deferred until such objections are resolved, presented to the court within ten (10) days which resolution shall be made as early as after service thereof, with notice as in case of practicable. (2a) a motion; and answers shall be deferred until the objections are resolved, which shall be at as early a time as is practicable. (3a) Section 3. Effect of admission. Any admission made by a party pursuant to such request is for the purpose of the pending Section 4. Number of interrogatories. No action only and shall not constitute an party may, without leave of court, serve more admission by him for any other purpose nor than one set of interrogatories to be may the same be used against him in any answered by the same party. (4) other proceeding. (3)
Section 5. Scope and use of interrogatories.
Section 4. Withdrawal. The court may Interrogatories may relate to any matters allow the party making an admission under that can be inquired into under section 2 of the Rule, whether express or implied, to Rule 23, and the answers may be used for withdraw or amend it upon such terms as the same purposes provided in section 4 of may be just. (4) the same Rule. (5a)
Section 5. Effect of failure to file and serve
Section 6. Effect of failure to serve written request for admission. Unless otherwise interrogatories. Unless thereafter allowed allowed by the court for good cause shown by the court for good cause shown and to and to prevent a failure of justice a party who prevent a failure of justice, a party not served fails to file and serve a request for admission on the adverse party of material and relevant to be made shall be entitled upon request to facts at issue which are, or ought to be, receive from the party examined a like report within the personal knowledge of the latter, of any examination, previously or thereafter shall not be permitted to present evidence on made, of the same mental or physical such facts. (n) condition. If the party examined refuses to deliver such report, the court on motion and notice may make an order requiring delivery on such terms as are just, and if a physician Rules of Court Rule 27 fails or refuses to make such a report the Production or Inspection of Documents court may exclude his testimony if offered at or Things the trial. (3a) Section 1. Motion for production or inspection; order. Upon motion of any Section 4. Waiver of privilege. By party showing good cause therefor, the court requesting and obtaining a report of the in which an action is pending may examination so ordered or by taking the (a) order any party to produce and permit the deposition of the examiner, the party inspection and copying or photographing, by examined waives any privilege he may have or on behalf of the moving party, of any in that action or any other involving the same designated documents, papers, books, controversy, regarding the testimony of every accounts, letters, photographs, objects or other person who has examined or may tangible things, not privileged, which thereafter examine him in respect of the constitute or contain evidence material to same mental or physical examination. (4) any matter involved in the action and which are in his possession, custody or control, or (b) order any party to permit entry upon Rules of Court Rule 29 designated land or other property in his possession or control for the purpose of Refusal to Comply with Modes of inspecting, measuring, surveying, or Discovery photographing the property or any Section 1. Refusal to answer. If a party or designated relevant object or operation other deponent refuses to answer any thereon. The order shall specify the time, question upon oral examination, the place and manner of making the inspection examination may be completed on other and taking copies and photographs, and may matters or adjourned as the proponent of the prescribe such terms and conditions as are question may prefer. The proponent may just. (1a) thereafter apply to the proper court of the place where the deposition is being taken, for an order to compel an answer. The same procedure may be availed of when a party or Rules of Court Rule 28 a witness refuses to answer any interrogatory Physical and Mental Examination of submitted under Rules 23 or 25. Persons If the application is granted, the court shall Section 1. When examination may be require the refusing party or deponent to ordered. In an action in which the mental answer the question or interrogatory and if it or physical condition of a party is in also finds that the refusal to answer was controversy, the court in which the action is without substantial justification, it may pending may in its discretion order him to require the refusing party or deponent or the submit to a physical or mental examination counsel advising the refusal, or both of them, by a physician. (1) to pay the proponent the amount of the reasonable expenses incurred in obtaining Section 2. Order for examination. The the order, including attorney's fees. order for examination may be made only on If the application is denied and the court finds motion for good cause shown and upon that it was filed without substantial notice to the party to be examined and to all justification, the court may require the other parties, and shall specify the time, proponent or the counsel advising the filing place, manner, conditions and scope of the of the application, or both of them, to pay to examination and the person or persons by the refusing party or deponent the amount of whom it is to be made. (2) the reasonable expenses incurred in opposing the application, including attorney's fees. Section 3. Report of findings. If requested (1a) by the party examined, the party causing the examination to be made shall deliver to him a Section 2. Contempt of court. If a party or copy of a detailed written report of the other witness refuses to be sworn or refuses examining physician setting out his findings to answer any question after being directed and conclusions. After such request and to do so by the court of the place in which delivery, the party causing the examination the deposition is being taken, the refusal may Section 5. Failure of party to attend or serve be considered a contempt of that court. (2a) answers. If a party or an officer or managing agent of a party wilfully fails to Section 3. Other consequences. If any appear before the officer who is to take his party or an officer or managing agent of a deposition, after being served with a proper party refuses to obey an order made under notice, or fails to serve answers to section 1 of this Rule requiring him to answer interrogatories submitted under Rule 25 after designated questions, or an order under Rule proper service of such interrogatories, the 27 to produce any document or other thing court on motion and notice, may strike out all for inspection, copying, or photographing or or any part of any pleading of that party, or to permit it to be done, or to permit entry dismiss the action or proceeding or any part upon land or other property or an order made thereof, or enter a judgment by default under Rule 28 requiring him to submit to a against that party, and in its discretion, order physical or mental examination, the court him to pay reasonable expenses incurred by may make such orders in regard to the the other, including attorney's fees. (5) refusal as are just, and among others the following: Section 6. Expenses against the Republic of An order that the matters regarding which the Philippines. Expenses and attorney's the questions were asked, or the character or fees are not to be imposed upon the Republic description of the thing or land, or the of the Philippines under this Rule. (6) contents of the paper, or the physical or mental condition of the party, or any other designated facts shall be taken to be A. Generally established for the purposes of the action in accordance with the claim of the party B. Depositions obtaining the order; C. Interrogatories to parties An order refusing to allow the disobedient D. Request for admissions party to support or oppose designated claims E. Production or inspection of documents or or defenses or prohibiting him from things introducing in evidence designated F. Physical and mental examinations of documents or things or items of testimony, or persons from introducing evidence of physical or G. Sanctions for refusal to make discovery mental condition; An order striking out pleadings or parts XIII. Pre-trial thereof, or staying further proceedings until the order is obeyed, or dismissing the action Rules of Court Rule 18 Sec. 1 or proceeding or any part thereof, or Section 1. When conducted. After the last rendering a judgment by default against the pleading has been served and filed, if shall be disobedient party; and the duty of the plaintiff to promptly move ex In lieu of any of the foregoing orders or in parte that the case be set for pre-trial (5a, addition thereto, an order directing the arrest R20) of any party or agent of a party for disobeying any of such orders except an Rules of Court Rule 18 Sec. 2 order to submit to a physical or mental Section 2. Nature and purpose. The pre- examination. (3a) trial is mandatory. The court shall consider: (a) The possibility of an amicable settlement Section 4. Expenses on refusal to admit. or of a submission to alternative modes of If a party after being served with a request dispute resolution; under Rule 26 to admit the genuineness of (b) The simplification of the issues; any document or the truth of any matter of (c) The necessity or desirability of fact serves a sworn denial thereof and if the amendments to the pleadings; party requesting the admissions thereafter (d) The possibility of obtaining stipulations or proves the genuineness of such document or admissions of facts and of documents to the truth of any such matter of fact, he may avoid unnecessary proof; apply to the court for an order requiring the (e) The limitation of the number of witnesses; other party to pay him the reasonable (f) The advisability of a preliminary reference expenses incurred in making such proof, of issues to a commissioner; including attorney's fees. Unless the court finds that there were good reasons for the (g) The propriety of rendering judgment on denial or that admissions sought were of no the pleadings, or summary judgment, or of substantial importance, such order shall be dismissing the action should a valid ground issued. (4a) therefor be found to exist; (h) The advisability or necessity of suspending the proceedings; and (i) Such other matters as may aid in the unreasonable length of time, or to comply prompt disposition of the action. (1a, R20) with these Rules or any order of the court, the complaint may be dismissed upon motion Rules of Court Rule 18 Sec. 6 of the defendant or upon the court's own Section 6. Pre-trial brief. The parties shall motion, without prejudice to the right of the file with the court and serve on the adverse defendant to prosecute his counterclaim in party, in such manner as shall ensure their the same or in a separate action. This receipt thereof at least three (3) days before dismissal shall have the effect of an the date of the pre-trial, their respective pre- adjudication upon the merits, unless trial briefs which shall contain, among others: otherwise declared by the court. (3a) (a) A statement of their willingness to enter into amicable settlement or alternative Rules of Court Rule 9 Sec. 3 modes of dispute resolution, indicating the Section 3. Default; declaration of. If the desired terms thereof; defending party fails to answer within the (b) A summary of admitted facts and time allowed therefor, the court shall, upon proposed stipulation of facts; motion of the claiming party with notice to the defending party, and proof of such (c) The issues to be tried or resolved; failure, declare the defending party in (d) The documents or exhibits to be default. Thereupon, the court shall proceed to presented stating the purpose thereof; render judgment granting the claimant such (e) A manifestation of their having availed or relief as his pleading may warrant, unless the their intention to avail themselves of court in its discretion requires the claimant to discovery procedures or referral to submit evidence. Such reception of evidence commissioners; and may be delegated to the clerk of court. (1a, (f) The number and names of the witnesses, R18) and the substance of their respective (a) Effect of order of default. A party in testimonies. default shall be entitled to notice of Failure to file the pre-trial brief shall have the subsequent proceedings but not to take part same effect as failure to appear at the pre- in the trial. (2a, R18) trial. (n) (b) Relief from order of default. A party declared in default may at any time after AM No. 03-1-09-SC July 13 2004 notice thereof and before judgment file a motion under oath to set aside the order of Rules of Court Rule 18 Sec. 4 default upon proper showing that his failure Section 4. Appearance of parties. It shall to answer was due to fraud, accident, be the duty of the parties and their counsel mistake or excusable negligence and that he to appear at the pre-trial. The non- has a meritorious defense. In such case, the appearance of a party may be excused only if order of default may be set aside on such a valid cause is shown therefor or if a terms and conditions as the judge may representative shall appear in his behalf fully impose in the interest of justice. (3a, R18) authorized in writing to enter into an (c) Effect of partial default. When a amicable settlement, to submit to alternative pleading asserting a claim states a common modes of dispute resolution, and to enter into cause of action against several defending stipulations or admissions of facts and of parties, some of whom answer and the others documents. (n) fail to do so, the court shall try the case against all upon the answers thus filed and Rules of Court Rule 18 Sec. 5 render judgment upon the evidence Section 5. Effect of failure to appear. The presented. (4a, R18). failure of the plaintiff to appear when so (d) Extent of relief to be awarded. A required pursuant to the next preceding judgment rendered against a party in default section shall be cause for dismissal of the shall not exceed the amount or be different in action. The dismissal shall be with prejudice, kind from that prayed for nor award unless other-wise ordered by the court. A unliquidated damages. (5a, R18). similar failure on the part of the defendant (e) Where no defaults allowed. If the shall be cause to allow the plaintiff to present defending party in an action for annulment or his evidence ex parte and the court to render declaration of nullity of marriage or for legal judgment on the basis thereof. (2a, R20) separation fails to answer, the court shall order the prosecuting attorney to investigate Rules of Court Rule 17 Sec. 3 whether or not a collusion between the Section 3. Dismissal due to fault of parties exists, and if there is no collusion, to plaintiff. If, for no justifiable cause, the intervene for the State in order to see to it plaintiff fails to appear on the date of the that the evidence submitted is not fabricated. presentation of his evidence in chief on the (6a, R18) complaint, or to prosecute his action for an Rules of Court Rule 18 Sec. 1 supra of the matters considered. Should the action Rules of Court Rule 18 Sec. 3 proceed to trial, the order shall, explicitly Section 3. Notice of pre-trial. The notice define and limit the issues to be tried. The of pre-trial shall be served on counsel, or on contents of the order shall control the the party who has no counsel. The counsel subsequent course of the action, unless served with such notice is charged with the modified before trial to prevent manifest duty of notifying the party represented by injustice. (5a, R20) him. (n) Rules of Court Rule 9 Sec. 3 supra Rules of Court Rule 18 Sec. 6 supra AM No. 03-1-09-SC July 13 2004 Rules of Court Rule 18 Sec. 7 AM No. 01-10-5-SC-PHILJA October 16 Section 7. Record of pre-trial. The 2001 proceedings in the pre-trial shall be recorded. Admin Order No. 59-2005 April 26 2005 Upon the termination thereof, the court shall AM No. 11-1-6-SC-PHILJA January 11 issue an order which shall recite in detail the 2011 matters taken up in the conference, the action taken thereon, the amendments allowed to the pleadings, and the agreements or admissions made by the parties as to any