1997 rules on civil procedure

7/31/2019 1997 Rules on Civil Procedure

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1997 RULES ON CIVIL PROCEDURE

RULE 6KINDS OF PLEADINGSSection 1. Pleadings defined.

Pleadings are the written statements of the respective claims and defenses of the parties

submitted to the court for appropriate judgment.Sec. 2. Pleadings allowed.

The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)

party complaint, or complaint-in-intervention.The defenses of a party are alleged in the answer to the pleading asserting a claim against

him.An answer may be responded to by a reply.

Sec. 3. Complaint.The complaint is the pleading alleging the plaintiff's cause or causes of action. The names and

residences of the plaintiff and defendant must be stated in the complaint.Sec. 4. Answer.

An answer is a pleading in which a defending party sets forth his defenses.Sec. 5. Defenses.

Defenses may either be negative or affirmative.(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading

of the claimant essential to his cause or causes of action. (b) An affirmative defense is an allegation of a new matter which, while hypothetically

admitting the material allegations in the pleading of the claimant, would nevertheless prevent

or bar recovery by him. The affirmative defenses include fraud, statute of limitations, release,

payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and

any other matter by way of confession and avoidance.Sec. 6. Counterclaim.

A counterclaim is any claim which a defending party may have against an opposing party.Sec. 7. Compulsory counterclaim.

A compulsory counterclaim is one which, being cognizable by the regular courts of justice,

arises out of or is connected with the transaction or occurrence constituting the subject


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matter of the opposing party's claim and does not require for its adjudication the presence of

third parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be

within the jurisdiction of the court both as to the amount and the nature thereof, except that

in an original action before the Regional Trial Court, the counterclaim may be considered

compulsory regardless of the amount.Sec. 8. Cross-claim.

A cross-claim is any claim by one party against a co-party arising out of the transaction or

occurrence that is the subject matter either of the original action or of a counterclaim therein.

Such cross-claim may include a claim that the party against whom it is asserted is or may be

liable to the cross-claimant for all or part of a claim asserted in the action against the cross-

claimant.Sec. 9. Counter-counterclaims and counter-cross-claims.

A counterclaim may be asserted against an original counter-claimant. A cross-claim may also be filed against an original cross-claimant.

Sec. 10. Reply.A reply is a pleading, the office or function of which is to deny, or allege facts in denial or

avoidance of new matters alleged by way of defense in the answer and thereby join or make

issue as to such new matters. If a party does not file such reply, all the new matters alleged in

the answer are deemed controverted.If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such

claims shall be set forth in an amended or supplemental complaint.RULE 15MOTIONSSection 1. Motion defined.

A motion is an application for relief other than by a pleading.Sec. 3. Contents.

A motion shall state the relief sought to be obtained and the grounds upon which it is based,

and if required by these Rules or necessary to prove facts alleged therein, shall be

accompanied by supporting affidavits and other papers.Sec. 10. Form.

The Rules applicable to pleadings shall apply to written motions so far as concerns caption,

designation, signature, and other matters of form.RULE 40 APPEAL FROM MUNICIPAL TRIAL COURTSTO THE REGIONAL TRIAL COURTS


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Sec. 3. How to appeal.The appeal is taken by filing a notice of appeal with the court that rendered the judgment or

final order appealed from. The notice of appeal shall indicate the parties to the appeal, the

judgment or final order or part thereof appealed from, and state the material dates showing

the timeliness of the appeal.A record on appeal shall be required only in special proceedings and in other cases of multiple

or separate appeals.The form and contents of the record on appeal shall be as provided in section 6, Rule 41. Copies of the notice of appeal, and the record on appeal where required, shall be served on

the adverse party.Sec. 7. Procedure in the Regional Trial Court.

(a) upon receipt of the complete record or the record on appeal, the clerk of court of the

Regional Trial Court shall notify the parties of such fact. (b) Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a

memorandum which shall briefly discuss the errors imputed to the lower court, a copy of

which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of

the appellants memorandum, the appellee may file his memorandum. Failure of the

appellant to file a memorandum shall be a ground for dismissal of the appeal.(c) Upon the filing of the memorandum of the appellee, or the expiration of the period to do

so, the case shall be considered submitted for decision. The Regional Trial Court shall decide

the case on the basis of the entire record of the proceedings had in the court of origin andsuch memoranda as are filed.

RULE 41APPEAL FROM THE REGIONAL TRIAL COURTSSec. 2. Modes of appeal.

(a) Ordinary appeal.- The appeal to the Court of Appeals in cases decided by the Regional Trial

Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with

the court which rendered the judgment or final order appealed from and serving a copy

thereof upon the adverse party. No record on appeal shall be required except in special

proceedings and other cases of multiple or separate appeals where the law or these Rules sorequire. In such cases, the record on appeal shall be filed and served in like manner.(b) Petition for review.- The appeal to the Court of Appeals in cases decided by the Regional

Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in

accordance with Rule 42.


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(c) Appeal by certiorari.- In all cases where only questions of law are raised or involved, the

appeal shall be to the Supreme Court by petition for review on certiorari in accordance with

Rule 45.Sec. 5. Notice of appeal.

The notice of appeal shall indicate the parties to the appeal, specify the judgment or final

order or part thereof appealed from, specify the court to which the appeal is being taken, and

state the material dates showing the timeliness of the appeal. Sec. 6. Record on appeal; form and contents thereof.

The full names of all the parties to the proceedings shall be stated in the caption of the record

on appeal and it shall include the judgment or final order from which the appeal is taken and,

in chronological order, copies of only such pleadings, petitions, motions and all interlocutory

orders as are related to the appealed judgment or final order for the proper understanding of

the issue involved, together with such data as will show that the appeal was perfected on

time. If an issue of fact is to be raised on appeal, the record on appeal shall include byreference all the evidence, testimonial and documentary, taken upon the issue involved. The

reference shall specify the documentary evidence by the exhibit numbers or letters by which it

was identified when admitted or offered at the hearing, and the testimonial evidence by the

names of the corresponding witnesses. If the whole testimonial and documentary evidence in

the case is to be included, a statement to that effect will be sufficient without mentioning the

names of the witnesses or the numbers or letters of exhibits. Every record on appeal

exceeding twenty (20) pages must contain a subject index. RULE 42PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALSSection 1. How appeal taken; time for filing.

A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise

of its appellate jurisdiction may file a verified petition for review with the Court of Appeals,

paying at the same time to the clerk of said court the corresponding docket and other lawful

fees, depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court and

the adverse party with a copy of the petition. The petition shall be filed and served within

fifteen (15) days from notice of the decision sought to be reviewed or of the denial of

petitioners motion for new trial or reconsideration filed in due time after judgment. Upon

proper motion and the payment of the full amount of the docket and other lawful fees and

the deposit for costs before the expiration of the reglementary period, the Court of Appeals

may grant an additional period of fifteen (15) days only within which to file the petition for

review. No further extension shall be granted except for the most compelling reason and in no

case to exceed fifteen (15) days.Sec. 2. Form and contents.

The petition shall be filed in seven (7) legible copies, with the original copy intended for the

court being indicated as such by the petitioner, and shall (a) state the full names of the parties

to the case, without impleading the lower courts or judges thereof either as petitioners or


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Sec. 13. Contents of appellants brief.The appellants brief shall contain, in the order herein indicated, the following:

(a) A subject index of the matter in the brief with a digest of the arguments and page

references, and a table of cases alphabetically arranged, textbooks and statutes cited

with references to the pages where they are cited;(b) An assignment of errors intended to be urged, which errors shall be separately,

distinctly and concisely stated without repetition and numbered consecutively;(c) Under the heading "Statement of the Case," a clear and concise statement of the

nature of the action, a summary of the proceedings, the appealed rulings and orders

of the court, the nature of the judgment and any other matters necessary to an

understanding of the nature of the controversy, with page references to the record;(d) Under the heading "Statement of Facts," a clear and concise statement in a

narrative form of the facts admitted by both parties and of those in controversy,

together with the substance of the proof relating thereto in sufficient detail to make it

clearly intelligible, with page references to the record; (e) A clear and concise statement of the issues of fact or law to be submitted to the

court for its judgment;(f) Under the heading "Argument," the appellants arguments on each assignment of

error with page references to the record. The authorities relied upon shall be cited by

the page of the report at which the case begins and the page of the report on which

the citation is found;(g) Under the heading "Relief," a specification of the order or judgment which theappellant seeks; and(h) In cases not brought up by record on appeal, the appellants brief shall contain, as

an appendix, a copy of the judgment or final order appealed from.Sec. 14. Contents of appellees brief.

The appellees brief shall contain, in the order herein indicated, the following: (a) A subject index of the matter in the brief with a digest of the arguments and page

references, and a table of cases alphabetically arranged, textbooks and statutes cited

with references to the pages where they are cited;

(b) Under the heading "Statement of Facts," the appellee shall state that he accepts

the statement of facts in the appellants brief, or under the heading "Counter-

Statement of Facts," he shall point out such insufficiencies or inaccuracies as he

believes exist in the appellants statement of facts with references to the pa ges of the

record in support thereof, but without repetition of matters in the appellants

statement of facts; and


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(c) Under the heading "Argument," the appellee shall set forth his arguments in the

case on each assignment of error with page references to the record. The authorities

relied on shall be cited by the page of the report at which the case begins and the

page of the report on which the citation is found.RULE 45APPEAL BY CERTIORARI TO THE SUPREME COURT

Section 1. Filing of petition with Supreme Court. A party desiring to appeal by certiorari from a judgment or final order or resolution of the

Court of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever

authorized by law, may file with the Supreme Court a verified petition for review on certiorari.

The petition shall raise only questions of law which must be distinctly set forth.Sec. 4. Contents of petition.

The petition shall be filed in eighteen (18) copies, with the original copy intended for the court

being indicated as such by the petitioner, and shall (a) state the full name of the appealing

party as the petitioner and the adverse party as respondent, without impleading the lower

courts or judges thereof either as petitioners or respondents; (b) indicate the material dates

showing when notice of the judgment or final order or resolution subject thereof was

received, when a motion for new trial or reconsideration, if any, was filed and when notice of

the denial thereof was received; (c) set forth concisely a statement of the matters involved,

and the reasons or arguments relied on for the allowance of the petition; (d) be accompanied

by a clearly legible duplicate original, or a certified true copy of the judgment or final order or

resolution certified by the clerk of court of the court a quo and the requisite number of plain

copies thereof, and such material portions of the record as would support the petition; and (e)

contain a sworn certification against forum shopping as provided in the last paragraph of

section 2, Rule 42.THE REVISED RULES OF CRIMINAL PROCEDURERULE 110 - PROSECUTION OF OFFENSES

Sec. 2. The complaint or information The complaint or information shall be in writing, in the name

of the People of the Philippines and against all persons who appear to be responsible for the offense

involved.Sec. 3. Complaint defined. A complaint is a sworn written statement charging a person with an

offense, subscribed by the offended party, any peace officer, or other public officer charged with the

enforcement of the law violated.Sec. 4. Information defined. An information is an accusation in writing charging a person with an

offense, subscribed by the prosecutor and filed with the court.

Sec. 6. Sufficiency of complaint or information. A complaint or information is sufficient if it states the

name of the accused; the designation of the offense given by the statute; the acts or omissions


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complained of as constituting the offense; the name of the offended party; the approximate date of

the commission of the offense; and the place where the offense was committed. When an offense is committed by more than one person, all of them shall be included in the

complaint or information.

1997 rules on civil procedure

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