1997 RULES OF CIVIL PROCEDURE, AS AMENDED(RULES 1-71, RULES OF COURT)EFFECTIVE JULY 1, 1997Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, !!"RULES OF COURTPursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the folloing rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of la, the Integrated !ar, and legal assistance to the underprivileged"RULE 1Genera Pr!"#$#!n$Se%!n 1' #itle of the Rules# $ %hese &ule shall be 'non and cited as the &ules of Court# (()Se%!n (' $n %hat &ourts appli&a'le# $ %hese &ules shall apply in all the courts, e)cept as otherise provided by the Supreme Court# (n)Se%!n )' Cases go(erned# $ %hese &ules shall govern the procedure to be observed in actions, civil or criminal and special proceedings#(a) A civil action is one by hich a party sues another for the enforcement or protection of a right, or the prevention or redress of a rong, ((a, &*)A civil action may either be ordinary or special# !oth are governed by the rules for ordinary civil actions, sub+ect to the specific rules prescribed for a special civil action# (n)(b) A criminal action is one by hich the State prosecutes a person for an act or omission punishable by la# (n)(c) A special proceeding is a remedy by hich a party see's to establish a status, a right, or a particular fact# (*a, &*)Se%!n *' $n %hat &ase not appli&a'le# $ %hese &ules shall not apply to election cases, land registration, cadastral, naturali,ation and insolvency proceedings, and other cases not herein provided for, e)cept by analogy or in a suppletory character and henever practicable and convenient# (&(-.a)Se%!n +' Commen&ement of a&tion# $ A civil action is commenced by the filing of the original complaint in court# If an additional defendant is impleaded in a later pleading, the action is commenced ith regard to him on the dated of the filing of such later pleading, irrespective of hether the motion for its admission, if necessary, is denied by the court# (/a)Se%!n ,' Constru&tion# $ %hese &ules shall be liberally construed in order to promote their ob+ective of securing a +ust, speedy and ine)pensive disposition of every action and proceeding# (*a)C#"# A%!n$Or-#nar. C#"# A%!n$RULE (Ca/$e !0 A%!nSe%!n 1' )rdinary &i(il a&tions, 'asis of. $ 0very ordinary civil action must be based on a cause of action# (n)Se%!n (' Cause of a&tion, defined# $ A cause of action is the act or omission by hich a party violates a right of another# (n)Se%!n )' )ne suit for a single &ause of a&tion# $ A party may not institute more than one suit for a single cause of action# (.a)Se%!n *' Splitting a single &ause of a&tion1 effe&t of. $ If to or more suits are instituted on the basis of the same cause of action, the filing of one or a +udgment upon the merits in any one is available as a ground for the dismissal of the others# (-a)Se%!n +' *oinder of &auses of a&tion# $ A party may in one pleading assert, in the alternative or otherise, as many causes of action as he may have against an opposing party, sub+ect to the folloing conditions"(a) %he party +oining the causes of action shall comply ith the rules on +oinder of parties1(b) %he +oinder shall not include special civil actions or actions governed by special rules1(c) 2here the causes of action are beteen the same parties but pertain to different venues or +urisdictions, the +oinder may be alloed in the &egional %rial Court provided one of the causes of action falls ithin the +urisdiction of said court and the venue lies therein1 and(d) 2here the claims in all the causes action are principally for recovery of money, the aggregate amount claimed shall be the test of +urisdiction# (5a)Se%!n ,' Mis+oinder of &auses of a&tion# $ 3is+oinder of causes of action is not a ground for dismissal of an action# A mis+oined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded ith separately# (n)RULE )Pare$ &! C#"# A%!n$Se%!n 1' ,ho may 'e parties1 plaintiff and defendant# $ 4nly natural or +uridical persons, or entities authori,ed by la may be parties in a civil action# %he term 5plaintiff5 may refer to the claiming party, the counter6claimant, the cross6claimant, or the third (fourth, etc#) $ party plaintiff# %he term 5defendant5 may refer to the original defending party, the defendant in a counter6claim, the cross6defendant, or the third (fourth, etc#) $ party defendant# ((a)Se%!n (' Parties in interest# $ A real party in interest is the party ho stands to be benefited or in+ured by the +udgment in the suit, or the party entitled to the avails of the suit# 7nless otherise authori,ed by la or these &ules, every action must be prosecuted or defended in the name of the real party in interest# (*a)Se%!n )' Representati(es as parties# $ 2here the action is alloed to be prosecuted and defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real property in interest# A representative may be a trustee of an e)pert trust, a guardian, an e)ecutor or administrator, or a party authori,ed by la or these &ules# An agent acting in his on name and for the benefit of an undisclosed principal may sue or be sued ithout +oining the principal e)cept hen the contract involves things belonging to the principal# (.a)Se%!n *' Spouses as parties# $ 8usband and ife shall sue or be sued +ointly, e)cept as provided by la# (-a)Se%!n +' Minor or in&ompetent persons# $ A minor or a person alleged to be incompetent, may sue or be sued ith the assistance of his father, mother, guardian, or if he has none, a guardian ad litem# (5a)Se%!n ,' Permissi(e +oinder of parties# $ All persons in hom or against hom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to e)ist, hether +ointly, severally, or in the alternative, may, e)cept as otherise provided in these &ules, +oin as plaintiffs or be +oined as defendants in one complaint, here any 9uestion of la or fact common to all such plaintiffs or to all such defendants may arise in the action1 but the court may ma'e such orders as may be +ust to prevent any plaintiff or defendant from being embarrassed or put to e)pense in connection ith any proceedings in hich he may have no interest# (/n)Se%!n 7' Compulsory +oinder of indispensa'le parties# $ Parties in interest ithout hom no final determination can be had of an action shall be +oined either as plaintiffs or defendants# (:)Se%!n 1' Ne&essary party# $ A necessary party is one ho is not indispensable but ho ought to be +oined as a party if complete reliefis to be accorded as to those already parties, or for a complete determination or settlement of the claim sub+ect of the action# (;a)Se%!n 9' Non-+oinder of ne&essary parties to 'e pleaded# $ 2henever in any pleading in hich a claim is asserted a necessary party is not +oined, the pleader shall set forth his name, if 'non, and shall state hy he is omitted# Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if +urisdiction over his person may be obtained#%he failure to comply ith the order for his inclusion, ithout +ustifiable cause, shall be deemed a aiver of the claim against such party#%he non6inclusion of a necessary party does not prevent the court from proceeding in the action, and the +udgment rendered therein shall be ithout pre+udice to the rights of such necessary party# (;a, either mis+oinder nor non6+oinder of parties is ground for dismissal of an action# Parties may be dropped or added by order of the court on motion of any party or on its on initiative at any stage the action and on suchterms as are +ust# Any claim against a mis+oined party may be severed and proceeded ith separately# (((a)Se%!n 1(' Class suit# $ 2hen the sub+ect matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to +oin all as parties, a number of them hich the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all# Any party in interest shall have the right to intervene to protect his individual interest# ((*a)Se%!n 1)' Alternati(e defendants# $ 2here the plaintiff is uncertain against ho of several persons he is entitled to relief, he may +oin any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent ith a right of relief against the other# ((.a)Se%!n 1*' .n/no%n identity or name of defendant# $ 2henever the identity or name of a defendant is un'non, he may be sued as the un'non oner heir devisee, or by such other designation as the case may re9uire, hen his identity or true name is discovered, the pleading must be amended accordingly# ((-)Se%!n 1+' 0ntity %ithout +uridi&al personality as defendant# $ 2hen to or more persons not organi,ed as an entity ith +uridical personality enter into a transaction, they may be sued under the name by hich they are generally or commonly 'non#In the anser of such defendant, the name and addresses of the persons composing said entity must all be revealed# ((5a)Se%!n 1,' 1eath of party1 duty of &ounsel# $ 2henever a party to a pending action dies, and the claim is not thereby e)tinguished, it shall be the duty of his counsel to inform the court ithin thirty (.=) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives# ?ailure of counsel to comply ith his duty shall be a ground for disciplinary action#%he heirs of the deceased may be alloed to be substituted for the deceased, ithout re9uiring the appointment of an e)ecutor or administrator and the court may appoint a guardian ad litem for the minor heirs#%he court shall forthith order said legal representative or representatives to appear and be substituted ithin a period of thirty (.=) daysfrom notice#If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear ithin the specified period, the court may order the opposing party, ithin a specified time to procure the appointment of an e)ecutor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased# %he court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs# ((/a, (:a)Se%!n 17' 1eath or separation of a party %ho is a pu'li& offi&er# $ 2hen a public officer is a party in an action in his official capacity and during its pendency dies, resigns, or otherise ceases to hold office, the action may be continued and maintained by or against his successor if, ithin thirty (.=) days after the successor ta'es office or such time as may be granted by the court, it is satisfactorily shonto the court by any party that there is a substantial need for continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue to adopt or continue the action of his predecessor# !efore a substitution is made, the party or officer to be affected, unless e)pressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to be heard# ((;a)Se%!n 11' $n&ompeten&y or in&apa&ity# $ If a party becomes incompetent or incapacitated, the court, upon motion ith notice, may allo the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian ad litem# ((