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 theprotection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of la, the Integrated !ar, and legalassistance 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 speci,c rules prescribed for a special civilaction# (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 othercases 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 ,ling of the original complaint in court# If an additional defendant is impleaded in a laterpleading, the action is commenced ith regard to him on the dated of the ,ling of such later pleading, irrespective of hether the motion for its admission, if necessary, isdenied by the court# (0a)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 everyaction 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. $ 1very ordinary civil action must be based on a cause of action# (n)Se%!n (' Cause of a&tion, de*ned# $ 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&tion2 e+e&t of. $ If to or more suits are instituted on the basis of the same cause of action, the ,ling of one or a +udgment uponthe 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 anopposing party, sub+ect to the folloing conditions"(a) %he party +oining the causes of action shall comply ith the rules on +oinder of parties2(b) %he +oinder shall not include special civil actions or actions governed by special rules2(c) 3here the causes of action are beteen the same parties but pertain to di4erent venues or +urisdictions, the +oinder may be alloed in the &egional %rial Courtprovided one of the causes of action falls ithin the +urisdiction of said court and the venue lies therein2 and(d) 3here 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# $ 5is+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 partyor on the initiative of the court, be severed and proceeded ith separately# (n)RULE )Pare$ &! C#"# A%!n$Se%!n 1' .ho may 'e parties2 plainti+ and defendant# $ 6nly natural or +uridical persons, or entities authori-ed by la may be parties in a civil action# %he term7plainti47 may refer to the claiming party, the counter8claimant, the cross8claimant, or the third (fourth, etc#) $ party plainti4# %he term 7defendant7 may refer to theoriginal defending party, the defendant in a counter8claim, the cross8defendant, 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 bene,ted or in+ured by the +udgment in the suit, or the party entitled to the avails ofthe suit# 9nless 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# $ 3here the action is alloed to be prosecuted and defended by a representative or someone acting in a ,duciary capacity, thebene,ciary 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, aguardian, 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 bene,t of an undisclosed principal maysue or be sued ithout +oining the principal e)cept hen the contract involves things belonging to the principal# (/a)Se%!n *' Spouses as parties# $ :usband 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 ifhe 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 oftransactions is alleged to e)ist, hether +ointly, severally, or in the alternative, may, e)cept as otherise provided in these &ules, +oin as plainti4s or be +oined asdefendants in one complaint, here any ;uestion of la or fact common to all such plainti4s or to all such defendants may arise in the action2 but the court may ma'esuch orders as may be +ust to prevent any plainti4 or defendant from being embarrassed or put to e)pense in connection ith any proceedings in hich he may have nointerest# (0n)Se%!n 7' Compulsory -oinder of indispensa'le parties# $ Parties in interest ithout hom no ,nal determination can be had of an action shall be +oined either asplainti4s or defendants# (a)Se%!n 12' 0n%illing &o/plainti+. $ If the consent of any party ho should be +oined as plainti4 can not be obtained, he may be made a defendant and the reasontherefor shall be stated in the complaint# ((?)Se%!n 11' Mis-oinder and non/-oinder of parties# $ @either mis+oinder nor non8+oinder of parties is ground for dismissal of an action# Parties may be dropped or added byorder of the court on motion of any party or on its on initiative at any stage the action and on such terms as are +ust# Any claim against a mis+oined party may be severedand proceeded ith separately# (((a)Se%!n 1(' Class suit# $ 3hen 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 allas parties, a number of them hich the court ,nds to be suAciently numerous and representative as to fully protect the interests of all concerned may sue or defend forthe bene,t of all# Any party in interest shall have the right to intervene to protect his individual interest# ((*a)Se%!n 1)' Alternati(e defendants# $ 3here the plainti4 is uncertain against ho of several persons he is entitled to relief, he may +oin any or all of them as defendantsin the alternative, although a right to relief against one may be inconsistent ith a right of relief against the other# ((/a)Se%!n 1*' 0n1no%n identity or name of defendant# $ 3henever the identity or name of a defendant is un'non, he may be sued as the un'non oner heir devisee, orby such other designation as the case may re;uire, hen his identity or true name is discovered, the pleading must be amended accordingly# ((.)Se%!n 1+' 2ntity %ithout -uridi&al personality as defendant# $ 3hen 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,' 3eath of party2 duty of &ounsel# $ 3henever a party to a pending action dies, and the claim is not thereby e)tinguished, it shall be the duty of his counsel toinform 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# Bailure ofcounsel 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 re;uiring the appointment of an e)ecutor or administrator and the court may appointa 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 (/?) days from 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 speci,ed period, the court may order theopposing party, ithin a speci,ed time to procure the appointment of an e)ecutor or administrator for the estate of the deceased and the latter shall immediately appearfor and on behalf of the deceased# %he court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs# ((0a, (a)Se%!n 19' #ransfer of interest# $ In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directsthe person to hom the interest is transferred to be substituted in the action or +oined ith the original party# (*?)Se%!n (2' A&tion and &ontra&tual money &laims# $ 3hen the action is for recovery of money arising from contract, e)press or implied, and the defendant dies beforeentry of ,nal +udgment in the court in hich the action as pending at the time of such death, it shall not be dismissed but shall instead be alloed to continue until entryof ,nal +udgment# A favorable +udgment obtained by the plainti4 therein shall be enforced in the manner especially provided in these &ules for prosecuting claims againstthe estate of a deceased person# (*(a)Se%!n (1' $ndigent party# $ A party may be authori-ed to litigate his action, claim or defense as an indigent if the court, upon an e5 parte application and hearing, issatis,ed that the party is one ho has no money or property suAcient and available for food, shelter and basic necessities for himself and his family#Such authority shall include an e)emption from payment of doc'et and other laful fees, and of transcripts of stenographic notes hich the court may order to befurnished him# %he amount of the doc'et and other laful fees hich the indigent as e)empted from paying shall be a lien on any +udgment rendered in the casefavorable to the indigent, unless the court otherise provides#Any adverse party may contest the grant of such authority at any time before +udgment is rendered by the trial court# If the court should determine after hearing that theparty declared as an indigent is in fact a person ith suAcient income or property, the proper doc'et and other laful fees shall be assessed and collected by the cler' ofcourt# If payment is not made ithin the time ,)ed by the court, e)ecution shall issue or the payment thereof, ithout pre+udice to such other sanctions as the court mayimpose# (**a)Se%!n ((' Noti&e to the Soli&itor 6eneral# $ In any action involving the validity of any treaty, la, ordinance, e)ecutive order, presidential decree, rules or regulations,the court, in its discretion, may re;uire the appearance of the Solicitor Ceneral ho may be heard in person or a representative duly designated by him# (*/a) RULE *Ven/e !0 A%!n$Se%!n 1' 7enue of real a&tions# $ Actions a4ecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court hich has+urisdiction over the area herein the real property involved, or a portion thereof, is situated#Borcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city herein the real property involved, or a portionthereof, is situated# ((DaE, *DaEa)Se%!n (' 7enue of personal a&tions# $ All other actions may be commenced and tried here the plainti4 or any of the principal plainti4s resides, or here the defendantor any of the principal defendants resides, or in the case of a non8resident defendant here he may be found, at the election of the plainti4# (*DbEa)Se%!n )' 7enue of a&tions against nonresidents# $ If any of the defendants does not reside and is not found in the Philippines, and the action a4ects the personal statusof the plainti4, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place here the plainti4 resides, orhere the property or any portion thereof is situated or found# (*DcEa)Se%!n *' .hen Rule not appli&a'le# $ %his &ule shall not apply#(a) In those cases here a speci,c rule or la provides otherise2 or(b) 3here the parties have validly agreed in riting before the ,ling of the action on the e)clusive venue thereof# (/a, 5a)RULE +Un#0!r3 Pr!%e-/re In Tr#a C!/r&$Se%!n 1' 0niform pro&edure# $ %he procedure in the 5unicipal %rial Courts shall be the same as in the &egional %rial Courts, e)cept (a) here a particular provisione)pressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the &ule on Summary Procedure# (n)Se%!n (' Meaning of terms# $ %he term 75unicipal %rial Courts7 as used in these &ules shall include 5etropolitan %rial Courts, 5unicipal %rial Courts in Cities, 5unicipal%rial Courts, and 5unicipal Circuit %rial Courts# ((a)Pr!%e-/re In Re4#!na Tr#a C!/r&$RULE ,5#n-$ O0 Pea-#n4$Se%!n 1' Pleadings de*ned# $ Pleadings are the ritten statements of the respective claims and defenses of the parties submitted to the court for appropriate+udgment# ((a)Se%!n (' Pleadings allo%ed# $ %he claims of a party are asserted in a complaint, counterclaim, cross8claim, third (fourth, etc#)8party complaint, or complaint8in8intervention#%he defenses of a party are alleged in the anser to the pleading asserting a claim against him#An anser may be responded to by a reply# (n)Se%!n )' Complaint# $ %he complaint is the pleading alleging the plainti4Fs cause or causes of action# %he names and residences of the plainti4 and defendant must bestated in the complaint# (/a)Se%!n *' Ans%er# $ An anser is a pleading in hich a defending party sets forth his defenses# (.a)Se%!n +' 3efenses# $ Gefenses may either be negative or aArmative#(a) A negative defense is the speci,c denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action#(b) An aArmative defense is an allegation of a ne matter hich, hile hypothetically admitting the material allegations in the pleading of the claimant, ouldnevertheless prevent or bar recovery by him# %he aArmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel,former recovery, discharge in ban'ruptcy, and any other matter by ay of confession and avoidance# (5a)Se%!n ,' Counter&laim# $ A counterclaim is any claim hich a defending party may have against an opposing party# (0a)Se%!n 7' Compulsory &ounter&laim# $ A compulsory counterclaim is one hich, being cogni-able by the regular courts of +ustice, arises out of or is connected ith thetransaction or occurrence constituting the sub+ect matter of the opposing partyFs claim and does not re;uire for its ad+udication the presence of third parties of hom thecourt cannot ac;uire +urisdiction# Such a counterclaim must be ithin the +urisdiction of the court both as to the amount and the nature thereof, e)cept that in an originalaction before the &egional %rial Court, the counter8claim may be considered compulsory regardless of the amount# (n)Se%!n 1' Cross/&laim# $ A cross8claim is any claim by one party against a co8party arising out of the transaction or occurrence that is the sub+ect matter either of theoriginal action or of a counterclaim therein# Such cross8claim may include a claim that the party against hom it is asserted is or may be liable to the cross8claimant for allor part of a claim asserted in the action against the cross8claimant# ()RULE 9E7e%& !0 Fa#/re &! Pea-Se%!n 1' 3efenses and o'-e&tions not pleaded# $ Gefenses and ob+ections not pleaded either in a motion to dismiss or in the anser are deemed aived# :oever,hen it appears from the pleadings or the evidence on record that the court has no +urisdiction over the sub+ect matter, that there is another action pending beteen thesame parties for the same cause, or that the action is barred by a prior +udgment or by statute of limitations, the court shall dismiss the claim# (*a)Se%!n (' Compulsory &ounter&laim, or &ross/&laim, not set up 'arred# $ A compulsory counterclaim, or a cross8claim, not set up shall be barred# (.a)Se%!n )' 3efault2 de&laration of. $ If the defending party fails to anser ithin the time alloed therefor, the court shall, upon motion of the claiming party ith noticeto the defending party, and proof of such failure, declare the defending party in default# %hereupon, the court shall proceed to render +udgment granting the claimant suchrelief as his pleading may arrant, unless the court in its discretion re;uires the claimant to submit evidence# Such reception of evidence may be delegated to the cler' ofcourt# ((a, &(=)(a) 2+e&t of order of default# $ A party in default shall be entitled to notice of subse;uent proceedings but not to ta'e part in the trial# (*a, &(=)(b) Relief from order of default# $ A party declared in default may at any time after notice thereof and before +udgment ,le a motion under oath to set aside theorder of default upon proper shoing that his failure to anser as due to fraud, accident, mista'e or e)cusable negligence and that he has a meritorious defense#In such case, the order of default may be set aside on such terms and conditions as the +udge may impose in the interest of +ustice# (/a, &(=)(c) 2+e&t of partial default# $ 3hen a pleading asserting a claim states a common cause of action against several defending parties, some of hom anser and theothers fail to do so, the court shall try the case against all upon the ansers thus ,led and render +udgment upon the evidence presented# (.a, &(=)#(d) 25tent of relief to 'e a%arded# $ A +udgment rendered against a party in default shall not e)ceed the amount or be di4erent in 'ind from that prayed for noraard unli;uidated damages# (5a, &(=)#(e) .here no defaults allo%ed# $ If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to anser, thecourt shall order the prosecuting attorney to investigate hether or not a collusion beteen the parties e)ists, and if there is no collusion, to intervene for the Statein order to see to it that the evidence submitted is not fabricated# (0a, &(=)RULE 12A3en-e- an- S/88e3en&a Pea-#n4$Se%!n 1' Amendments in general# $ Pleadings may be amended by adding or stri'ing out an allegation or the name of any party, or by correcting a mista'e in the nameof a party or a mista'en or inade;uate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, ithoutregard to technicalities, and in the most e)peditious and ine)pensive manner# (()Se%!n (' Amendments as a matter of right# $ A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in thecase of a reply, at any time ithin ten ((?) days after it is served# (*a)Se%!n )' Amendments 'y lea(e of &ourt# $ 1)cept as provided in the ne)t preceding section, substantial amendments may be made only upon leave of court# !ut suchleave may be refused if it appears to the court that the motion as made ith intent to delay# 6rders of the court upon the matters provided in this section shall be madeupon motion ,led in court, and after notice to the adverse party, and an opportunity to be heard# (/a)Se%!n *' uired to 'e *led and ser(ed# $ 1very +udgment, resolution, order, pleading subse;uent to the complaint, ritten motion, notice, appearance,demand, o4er of +udgment or similar papers shall be ,led ith the court, and served upon the parties a4ected# (*a)Se%!n +' Modes of ser(i&e# $ Service of pleadings motions, notices, orders, +udgments and other papers shall be made either personally or by mail# (/a)Se%!n ,' Personal ser(i&e# $ Service of the papers may be made by delivering personally a copy to the party or his counsel, or by leaving it in his oAce ith his cler' orith a person having charge thereof# If no person is found in his oAce, or his oAce is not 'non, or he has no oAce, then by leaving the copy, beteen the hours of eightin the morning and si) in the evening, at the partyFs or counselFs residence, if 'non, ith a person of suAcient age and discretion then residing therein# (.a)Se%!n 7' Ser(i&e 'y mail# $ Service by registered mail shall be made by depositing the copy in the post oAce in a sealed envelope, plainly addressed to the party or hiscounsel at his oAce, if 'non, otherise at his residence, if 'non, ith postage fully prepaid, and ith instructions to the postmaster to return the mail to the sender afterten ((?) days if undelivered# If no registry service is available in the locality of either the senders or the addressee, service may be done by ordinary mail# (5a2 !ar 5atter@o# =?/, (< Bebruary (>>=)Se%!n 1' Su'stituted ser(i&e# $ If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the to preceding sections, theoAce and place of residence of the party or his counsel being un'non, service may be made by delivering the copy to the cler' of court, ith proof of failure of bothpersonal service and service by mail# %he service is complete at the time of such delivery# (0a)Se%!n 9' Ser(i&e of -udgments, *nal orders, or resolutions# $ Hudgments, ,nal orders or resolutions shall be served either personally or by registered mail# 3hen a partysummoned by publication has failed to appear in the action, +udgments, ,nal orders or resolutions against him shall be served upon him also by publication at the e)penseof the prevailing party# (uali*&ation 'y interest# $ @o deposition shall be ta'en before a person ho is a relative ithin the si)th degree of consanguinity or aAnity, or employeeor counsel of any of the parties, or ho is a relative ithin the same degree, or employee of such counsel2 or ho is ,nancially interested in the action# ((/a, &*.)Se%!n 1*' Stipulations regarding ta1ing of depositions# $ If the parties so stipulate in riting, depositions may be ta'en before any person authori-ed to administeroaths, at any time or place, in accordance ith these &ules and hen so ta'en may be used li'e other depositions# ((.a, &*.)Se%!n 1+' 3eposition upon oral e5amination2 noti&e2 time and pla&e# $ A party desiring to ta'e the deposition of any person upon oral e)amination shall give reasonablenotice in riting, to every other party to the action# %he notice shall state the time and place for ta'ing the deposition and the name and address of each person to bee)amined, if 'non, and if the name is not 'non, a general description suAcient to identify him or the particular class or group to hich he belongs# 6n motion of anyparty upon hom the notice is served, the court may for cause shon enlarge or shorten the time# ((5, &*.)Se%!n 1,' )rders for the prote&tion of parties and deponents# $ After notice is served for ta'ing a deposition by oral e)amination, upon motion seasonably made by anyparty or by the person to be e)amined and for good cause shon, the court in hich the action is pending may ma'e an order that the deposition shall not be ta'en, orthat it may be ta'en only at some designated place other than that stated in the notice, or that it may be ta'en only on ritten interrogatories, or that certain matters shallnot be in;uired into, or that the scope of the e)amination shall be held ith no one present e)cept the parties to the action and their oAcers or counsel, or that after beingsealed the deposition shall be opened only by order of the court, or that secret processes, developments, or research need not be disclosed, or that the parties shallsimultaneously ,le speci,ed documents or information enclosed in sealed envelopes to be opened as directed by the court or the court may ma'e any other order hich+ustice re;uires to protect the party or itness from annoyance, embarrassment, or oppression# ((0a, &*.)Se%!n 17' Re&ord of e5amination, oath2 o'-e&tions# $ %he oAcer before hom the deposition is to be ta'en shall put the itness on oath and shall personally, or bysome one acting under his direction and in his presence, record the testimony of the itness# %he testimony shall be ta'en stenographically unless the parties agreeotherise# All ob+ections made at the time of the e)amination to the ;uali,cations of the oAcer ta'ing the deposition, or to the manner of tal'ing it, or to the evidencepresented, or to the conduct of any party, and any other ob+ection to the proceedings, shall be noted by the oAcer upon the deposition# 1vidence ob+ected to shall beta'en sub+ect to the ob+ections# In lieu of participating in the oral e)amination, parties served ith notice of ta'ing a deposition may transmit ritten interrogatories to theoAcers, ho shall propound them to the itness and record the ansers (er'atim# ((a, &*.)RULE (*De8!$#!n$ ;e0!re A%!n !r Pen-#n4 A88eaSe%!n 1' 3epositions 'efore a&tion2 petition# $ A person ho desires to perpetuate his on testimony or that of another person regarding any matter that may becogni-able in any court of the Philippines may ,le a veri,ed petition in the court of the place of the residence of any e)pected adverse party# ((a &(/.)Se%!n (' Contents of petition# $ %he petition shall be entitled in the name of the petitioner and shall sho" (a) that the petitioner e)pects to be a party to an action in acourt of the Philippines but is presently unable to bring it or cause it to be brought2 (b) the sub+ect matter of the e)pected action and his interest therein2 (c) the factshich he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it2 (d) the names or a description of the persons he e)pects ill beadverse parties and their addresses so far as 'non2 and (e) the names and addresses of the persons to be e)amined and the substance of the testimony hich hee)pects to elicit from each, and shall as' for an order authori-ing the petitioner to ta'e the depositions of the persons to be e)amined named in the petition for thepurpose of perpetuating their testimony# (*, &(/.)Se%!n )' Noti&e and ser(i&e# $ %he petitioner shall serve a notice upon each person named in the petition as an e)pected adverse party, together ith a copy of thepetition, stating that the petitioner ill apply to the court, at a time and place named therein, for the order described in the petition# At least tenty (*?) days before thedate of the hearing, the court shall cause notice thereof to be served on the parties and prospective deponents in the manner provided for service of summons# (/a, &(/.)Se%!n *' )rder and e5amination# $ If the court is satis,ed that the perpetuation of the testimony may prevent a failure or delay of +ustice, it shall ma'e an orderdesignating or describing the persons hose deposition may be ta'en and specifying the sub+ect matter of the e)amination and hether the depositions shall be ta'enupon oral e)amination or ritten interrogatories# %he depositions may be ta'en in accordance ith &ule */ before the hearing# (.a, &(/.)Se%!n +' Referen&e to &ourt# $ Bor the purpose of applying &ule */ to depositions for perpetuating testimony, each reference therein to the court in hich the action ispending shall be deemed to refer to the court in hich the petition for such deposition as ,led# (5a, &(/.)Se%!n ,' 0se of deposition# $ If a deposition to perpetuate testimony is ta'en under this &ule, or if, although not so ta'en, it ould be admissible in evidence, it may beused in any action involving the same sub+ect matter sub8se;uently brought in accordance ith the provisions of sections . and 5 of &ule */# (0a, &(/.)Se%!n 7' 3epositions pending appeal# $ If an appeal has been ta'en from a +udgment of a court, including the Court of Appeals in proper cases, or before the ta'ing ofan appeal if the time therefor has not e)pired, the court in hich the +udgment as rendered may allo the ta'ing of depositions of itnesses to perpetuate theirtestimony for in the event of further proceedings in the said court# In such case the party ho desires to perpetuate the testimony may ma'e a motion in the said court forleave to ta'e the depositions, upon the same notice and service thereof as if the action as pending therein# %he motion shall state (a) the names and addresses of thepersons to be e)amined and the substance of the testimony hich he e)pects to elicit from each, and (b) the reason for perpetuating their testimony# If the court ,nds thatthe perpetuation of the testimony is proper to avoid a failure or delay of +ustice, it may ma'e an order alloing the deposition to be ta'en, and thereupon the depositionsmay be ta'en and used in the same manner and under the same conditions as are prescribed in these &ules for depositions ta'en in pending actions# (uest for admission# $ At any time after issues have been +oined, a party may ,le and serve upon any other party may ,le and serve upon any other party aritten re;uest for the admission by the latter of the genuineness of any material and relevant document described in and e)hibited ith the re;uest or of the truth of anymaterial and relevant matter of fact set forth in the re;uest# Copies of the documents shall be delivered ith the re;uest unless copy have already been furnished# ((a)Se%!n (' $mplied admission# $ 1ach of the matters of hich an admission is re;uested shall be deemed admitted unless, ithin a period designated in the re;uest,hich shall not be less than ,fteen ((5) days after service thereof, or ithin such further time as the court may allo on motion, the party to hom the re;uest is directed,les and serves upon the party re;uesting the admission a sorn statement either denying speci,cally the matters of hich an admission is re;uested or setting forth indetail the reasons hy he cannot truthfully either admit or deny those matters#6b+ections to any re;uest for admission shall be submitted to the court by the party re;uested ithin the period for and prior to the ,ling of his sorn statement ascontemplated in the preceding paragraph and his compliance thereith shall be deferred until such ob+ections are resolved, hich resolution shall be made as early aspracticable# (*a)Se%!n )' 2+e&t of admission# $ Any admission made by a party pursuant to such re;uest is for the purpose of the pending action only and shall not constitute anadmission by him for any other purpose nor may the same be used against him in any other proceeding# (/)Se%!n *' .ithdra%al# $ %he court may allo the party ma'ing an admission under the &ule, hether e)press or implied, to ithdra or amend it upon such terms asmay be +ust# (.)Se%!n +' 2+e&t of failure to *le and ser(e re>uest for admission# $ 9nless otherise alloed by the court for good cause shon and to prevent a failure of +ustice aparty ho fails to ,le and serve a re;uest for admission on the adverse party of material and relevant facts at issue hich are, or ought to be, ithin the personal'noledge of the latter, shall not be permitted to present evidence on such facts# (n)RULE (7Pr!-/%!n !r In$8e%!n !0 D!%/3en&$ !r T:#n4$Se%!n 1' Motion for produ&tion or inspe&tion2 order# $ 9pon motion of any party shoing good cause therefor, the court in hich an action is pending may (a) order anyparty to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, boo's, accounts,letters, photographs, ob+ects or tangible things, not privileged, hich constitute or contain evidence material to any matter involved in the action and hich are in hispossession, custody or control, or (b) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting,measuring, surveying, or photographing the property or any designated relevant ob+ect or operation thereon# %he order shall specify the time, place and manner of ma'ingthe inspection and ta'ing copies and photographs, and may prescribe such terms and conditions as are +ust# ((a)RULE (1P:.$#%a an- Men&a E=a3#na!n !0 Per$!n$Se%!n 1' .hen e5amination may 'e ordered# $ In an action in hich the mental or physical condition of a party is in controversy, the court in hich the action ispending may in its discretion order him to submit to a physical or mental e)amination by a physician# (()Se%!n (' )rder for e5amination# $ %he order for e)amination may be made only on motion for good cause shon and upon notice to the party to be e)amined and to allother parties, and shall specify the time, place, manner, conditions and scope of the e)amination and the person or persons by hom it is to be made# (*)Se%!n )' Report of *ndings# $ If re;uested by the party e)amined, the party causing the e)amination to be made shall deliver to him a copy of a detailed ritten reportof the e)amining physician setting out his ,ndings and conclusions# After such re;uest and delivery, the party causing the e)amination to be made shall be entitled uponre;uest to receive from the party e)amined a li'e report of any e)amination, previously or thereafter made, of the same mental or physical condition# If the party e)aminedrefuses to deliver such report, the court on motion and notice may ma'e an order re;uiring delivery on such terms as are +ust, and if a physician fails or refuses to ma'esuch a report the court may e)clude his testimony if o4ered at the trial# (/a)Se%!n *' .ai(er of pri(ilege# $ !y re;uesting and obtaining a report of the e)amination so ordered or by ta'ing the deposition of the e)aminer, the party e)aminedaives any privilege he may have in that action or any other involving the same controversy, regarding the testimony of every other person ho has e)amined or maythereafter e)amine him in respect of the same mental or physical e)amination# (.)RULE (9Re0/$a &! C!38. >#&: M!-e$ !0 D#$%!"er.Se%!n 1' Refusal to ans%er# $ If a party or other deponent refuses to anser any ;uestion upon oral e)amination, the e)amination may be completed on other mattersor ad+ourned as the proponent of the ;uestion may prefer# %he proponent may thereafter apply to the proper court of the place here the deposition is being ta'en, for anorder to compel an anser# %he same procedure may be availed of hen a party or a itness refuses to anser any interrogatory submitted under &ules */ or *5#If the application is granted, the court shall re;uire the refusing party or deponent to anser the ;uestion or interrogatory and if it also ,nds that the refusal to anser asithout substantial +usti,cation, it may re;uire the refusing party or deponent or the counsel advising the refusal, or both of them, to pay the proponent the amount of thereasonable e)penses incurred in obtaining the order, including attorneyFs fees#If the application is denied and the court ,nds that it as ,led ithout substantial +usti,cation, the court may re;uire the proponent or the counsel advising the ,ling of theapplication, or both of them, to pay to the refusing party or deponent the amount of the reasonable e)penses incurred in opposing the application, including attorneyFsfees# ((a)Se%!n (' Contempt of &ourt# $ If a party or other itness refuses to be sorn or refuses to anser any ;uestion after being directed to do so by the court of the place inhich the deposition is being ta'en, the refusal may be considered a contempt of that court# (*a)Se%!n )' )ther &onse>uen&es# $ If any party or an oAcer or managing agent of a party refuses to obey an order made under section ( of this &ule re;uiring him toanser designated ;uestions, or an order under &ule *< to produce any document or other thing for inspection, copying, or photographing or to permit it to be done, or topermit entry upon land or other property or an order made under &ule *= re;uiring him to submit to a physical or mental e)amination, the court may ma'e such orders inregard to the refusal as are +ust, and among others the folloing"(a) An order that the matters regarding hich the ;uestions ere as'ed, or the character or description of the thing or land, or the contents of the paper, or thephysical or mental condition of the party, or any other designated facts shall be ta'en to be established for the purposes of the action in accordance ith the claimof the party obtaining the order2(b) An order refusing to allo the disobedient party to support or oppose designated claims or defenses or prohibiting him from introducing in evidence designateddocuments or things or items of testimony, or from introducing evidence of physical or mental condition2(c) An order stri'ing out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any partthereof, or rendering a +udgment by default against the disobedient party2 and(d) In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any party or agent of a party for disobeying any of such orders e)ceptan order to submit to a physical or mental e)amination# (/a)Se%!n *' 25penses on refusal to admit# $ If a party after being served ith a re;uest under &ule *0 to admit the genuineness of any document or the truth of anymatter of fact serves a sorn denial thereof and if the party re;uesting the admissions thereafter proves the genuineness of such document or the truth of any suchmatter of fact, he may apply to the court for an order re;uiring the other party to pay him the reasonable e)penses incurred in ma'ing such proof, including attorneyFsfees# 9nless the court ,nds that there ere good reasons for the denial or that admissions sought ere of no substantial importance, such order shall be issued# (.a)Se%!n +' uisites of motion to postpone trial for a'sen&e of e(iden&e# $ A motion to postpone a trial on the ground of absence of evidence can be granted only uponaAdavit shoing the materiality or relevancy of such evidence, and that due diligence has been used to procure it# !ut if the adverse party admits the facts to be given inevidence, even if he ob+ects or reserves the right to ob+ect to their admissibility, the trial shall not be postponed# (.a, &**2 !ar 5atter @o# =?/, *( Huly (>>=)Se%!n *' Re>uisites of motion to postpone trial for illness of party or &ounsel# $ A motion to postpone a trial on the ground of illness of a party or counsel may begranted if it appears upon aAdavit or sorn certi,cation that the presence of such party or counsel at the trial is indispensable and that the character of his illness is suchas to render his non8attendance e)cusable# (5a, &**)Se%!n +' )rder of trial# $ Sub+ect to the provisions of section * of &ule /(, and unless the court for special reasons otherise directs, the trial shall be limited to theissues stated in the pre8trial order and shall proceed as follos"(a) %he plainti4 shall adduce evidence in support of his complaint2(b) %he defendant shall then adduce evidence in support of his defense, counterclaim, cross8claim and third8party complaints2(c) %he third8party defendant if any, shall adduce evidence of his defense, counterclaim, cross8claim and fourth8party complaint2(d) %he fourth8party, and so forth, if any, shall adduce evidence of the material facts pleaded by them2(e) %he parties against hom any counterclaim or cross8claim has been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed bythe court2(f) %he parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of +ustice, permits them to adduceevidence upon their original case2 and(g) 9pon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respectivememoranda or any further pleadings#If several defendants or third8party defendants, and so forth, having separate defenses appear by di4erent counsel, the court shall determine the relative order ofpresentation of their evidence# ((a, &/?)Se%!n ,' Agreed statement of fa&ts# $ %he parties to any action may agree, in riting, upon the facts involved in the litigation, and submit the case for +udgment on thefacts agreed upon, ithout the introduction of evidence#If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe# (*a, &/?)Se%!n 7' Statement of -udge# $ Guring the hearing or trial of a case any statement made by the +udge ith reference to the case, or to any of the parties, itnesses orcounsel, shall be made of record in the stenographic notes# (/a, &/?)Se%!n 1' Suspension of a&tions# $ %he suspension of actions shall be governed by the provisions of the Civil Code# (n)Se%!n 9' ,udge to re&ei(e e(iden&e2 delegation to &ler1 of &ourt# $ %he +udge of the court here the case is pending shall personally receive the evidence to be adducedby the parties# :oever, in default or e5 parte hearings, and in any case here the parties agree in riting, the court may delegate the reception of evidence to its cler' ofcourt ho is a member of the bar# %he cler' of court shall have no poer to rule on ob+ections to any ;uestion or to the admission of e)hibits, hich ob+ections shall beresolved by the court upon submission of his report and the transcripts ithin ten ((?) days from termination of the hearing# (n)RULE )1C!n$!#-a!n !r Se"eran%eSe%!n 1' Consolidation# $ 3hen actions involving a common ;uestion of la or fact are pending before the court, it may order a +oint hearing or trial of any or all thematters in issue in the actions2 it may order all the actions consolidated, and it may ma'e such orders concerning proceedings therein as may tend to avoid unnecessarycosts or delay# (()Se%!n (' Separate trials# $ %he court, in furtherance of convenience or to avoid pre+udice, may order a separate trial of any claim, cross8claim, counterclaim, or third8party complaint, or of any separate issue or of any number of claims, cross8claims, counterclaims, third8party complaints or issues# (*a)RULE )(Tr#a a, &//)Se%!n 12' Noti&e to parties of the *ling of report# $ 9pon the ,ling of the report, the parties shall be noti,ed by the cler', and they shall be alloed ten ((?) days ithinhich to signify grounds of ob+ections to the ,ndings of the report, if they so desire# 6b+ections to the report based upon grounds hich ere available to the parties duringthe proceedings before the commissioner, other than ob+ections to the ,ndings and conclusions therein, set forth, shall not be considered by the court unless they eremade before the commissioner# ((?, &//)Se%!n 11' ;earing upon report# $ 9pon the e)piration of the period of ten ((?) days referred to in the preceding section, the report shall be set for hearing, after hichthe court shall issue an order adopting, modifying, or re+ecting the report in hole or in part, or recommitting it ith instructions, or re;uiring the parties to present furtherevidence before the commissioner or the court# (((a, &//)Se%!n 1(' Stipulations as to *ndings# $ 3hen the parties stipulate that a commissionerFs ,ndings of fact shall be ,nal, only ;uestions of la shall thereafter beconsidered# ((*a, &//)Se%!n 1)' Compensation of &ommissioner# $ %he court shall allo the commissioner such reasonable compensation as the circumstances of the case arrant, to beta)ed as costs against the defeated party, or apportioned, as +ustice re;uires# ((/, &//)RULE ))De3/rrer &! E"#-en%eSe%!n 1' 3emurrer to e(iden&e# $ After the plainti4 has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon thefacts and the la the plainti4 has shon no right to relief# If his motion is denied he shall have the right to present evidence# If the motion is granted but on appeal theorder of dismissal is reversed he shall be deemed to have aived the right to present evidence# ((a, &/5)RULE )*J/-43en& !n &:e Pea-#n4$Se%!n 1' ,udgment on the pleadings# $ 3here an anser fails to tender an issue, or otherise admits the material allegations of the adverse partyFs pleading, the courtmay2 on motion of that party, direct +udgment on such pleading# :oever, in actions for declaration of nullity or annulment of marriage or for legal separation, the materialfacts alleged in the complaint shall alays be proved# ((a, &(>)RULE )+S/33ar. J/-43en&$Se%!n 1' Summary -udgment for &laimant# $ A party see'ing to recover upon a claim, counterclaim, or cross8claim or to obtain a declaratory relief may, at any timeafter the pleading in anser thereto has been served, move ith supporting aAdavits, depositions or admissions for a summary +udgment in his favor upon all or any partthereof# ((a, &/.)Se%!n (' Summary -udgment for defending party# $ A party against hom a claim, counterclaim, or cross8claim is asserted or a declaratory relief is sought may, at anytime, move ith supporting aAdavits, depositions or admissions for a summary +udgment in his favor as to all or any part thereof# (*a, &/.)Se%!n )' Motion and pro&eedings thereon# $ %he motion shall be served at least ten ((?) days before the time speci,ed for the hearing# %he adverse party may serveopposing aAdavits, depositions, or admissions at least three (/) days before the hearing# After the hearing, the +udgment sought shall be rendered forthith if thepleadings, supporting aAdavits, depositions, and admissions on ,le, sho that, e)cept as to the amount of damages, there is no genuine issue as to any material fact andthat the moving party is entitled to a +udgment as a matter of la# (/a, &/.)Se%!n *' Case not fully ad-udi&ated on motion# $ If on motion under this &ule, +udgment is not rendered upon the hole case or for all the reliefs sought and a trial isnecessary, the court at the hearing of the motion, by e)amining the pleadings and the evidence before it and by interrogating counsel shall ascertain hat material factse)ist ithout substantial controversy and hat are actually and in good faith controverted# It shall thereupon ma'e an order specifying the facts that appear ithoutsubstantial controversy, including the e)tent to hich the amount of damages or other relief is not in controversy, and directing such further proceedings in the action asare +ust# %he facts so speci,ed shall be deemed established, and the trial shall be conducted on the controverted facts accordingly# (.a, &/.)Se%!n +' Tr#a !r Re%!n$#-era!n$Se%!n 1' 6rounds of and period for *ling motion for ne% trial or re&onsideration# $ 3ithin the period for ta'ing an appeal, the aggrieved party may move the trial courtto set aside the +udgment or ,nal order and grant a ne trial for one or more of the folloing causes materially a4ecting the substantial rights of said party"(a) Braud, accident, mista'e or e)cusable negligence hich ordinary prudence could not have guarded against and by reason of hich such aggrieved party hasprobably been impaired in his rights2 or(b) @ely discovered evidence, hich he could not, ith reasonable diligence, have discovered and produced at the trial, and hich if presented ould probablyalter the result#3ithin the same period, the aggrieved party may also move for reconsideration upon the grounds that the damages aarded are e)cessive, that the evidence isinsuAcient to +ustify the decision or ,nal order, or that the decision or ,nal order is contrary to la# ((a)Se%!n (' Contents of motion for ne% trial or re&onsideration and noti&e thereof. $ %he motion shall be made in riting stating the ground or grounds therefor, a rittennotice of hich shall be served by the movant on the adverse party#A motion for ne trial shall be proved in the manner provided for proof of motion# A motion for the cause mentioned in paragraph (a) of the preceding section shall besupported by aAdavits of merits hich may be rebutted by aAdavits# A motion for the cause mentioned in paragraph (b) shall be supported by aAdavits of the itnessesby hom such evidence is e)pected to be given, or by duly authenticated documents hich are proposed to be introduced in evidence#A motion for reconsideration shall point out a speci,cally the ,ndings or conclusions of the +udgment or ,nal order hich are not supported by the evidence or hich arecontrary to la ma'ing e)press reference to the testimonial or documentary evidence or to the provisions of la alleged to be contrary to such ,ndings or conclusions#A pro forma motion for ne trial or reconsideration shall not toll the reglementary period of appeal# (*a)Se%!n )' A&tion upon motion for ne% trial or re&onsideration# $ %he trial court may set aside the +udgment or ,nal order and grant a ne trial, upon such terms as maybe +ust, or may deny the motion# If the court ,nds that e)cessive damages have been aarded or that the +udgment or ,nal order is contrary to the evidence or la, it mayamend such +udgment or ,nal order accordingly# (/a)Se%!n *' Resolution of motion# $ A motion for ne trial or reconsideration shall be resolved ithin thirty (/?) days from the time it is submitted for resolution# (n)Se%!n +' Se&ond motion for ne% trial# $ A motion for ne trial shall include all grounds then available and those not so included shall be deemed aived# A secondmotion for ne trial, based on a ground not e)isting nor available hen the ,rst motion as made, may be ,led ithin the time herein provided e)cluding the time duringhich the ,rst motion had been pending#@o party shall be alloed a second motion for reconsideration of a +udgment or ,nal order (.a, ., I&C)Se%!n ,' 2+e&t of granting of motion for ne% trial# $ If a ne trial is granted in accordance ith the provisions of this &ules the original +udgment or ,nal order shall bevacated, and the action shall stand for trial de no(o2 but the recorded evidence ta'en upon the former trial, insofar as the same is material and competent to establish theissues, shall be used at the ne trial ithout reta'ing the same# (5a)Se%!n 7' Partial ne% trial or re&onsideration# $ If the grounds for a motion under this &ule appear to the court to a4ect the issues as to only a part, or less than an of thematter in controversy, or only one, or less than all, of the parties to it, the court may order a ne trial or grant reconsideration as to such issues if severable ithoutinterfering ith the +udgment or ,nal order upon the rest# (0a)Se%!n 1' 2+e&t of order for partial ne% trial# $ 3hen less than all of the issues are ordered retried, the court may either enter a +udgment or ,nal order as to the rest, orstay the enforcement of such +udgment or ,nal order until after the ne trial# (a)Se%!n *1' 2+e&t of foreign -udgments or *nal orders# $ %he e4ect of a +udgment or ,nal order of a tribunal of a foreign country, having +urisdiction to render the+udgment or ,nal order is as follos"(a) In case of a +udgment or ,nal order upon a speci,c thing, the +udgment or ,nal order, is conclusive upon the title to the thing, and(b) In case of a +udgment or ,nal order against a person, the +udgment or ,nal order is presumptive evidence of a right as beteen the parties and their successorsin interest by a subse;uent title#In either case, the +udgment or ,nal order may be repelled by evidence of a ant of +urisdiction, ant of notice to the party, collusion, fraud, or clear mista'e of la or fact#(5?a) A88ea$RULE *2A88ea Fr!3 M/n#%#8a Tr#a C!/r&$ &! &:e Re4#!na Tr#a C!/r&$Se%!n 1' .here to appeal# $ An appeal from a +udgment or ,nal order of a 5unicipal %rial Court may be ta'en to the &egional %rial Court e)ercising +urisdiction over thearea to hich the former pertains# %he title of the case shall remain as it as in the court of origin, but the party appealing the case shall be further referred to as theappellant and the adverse party as the appellee# (a)Se%!n (' .hen to appeal# $ An appeal may be ta'en ithin ,fteen ((5) days after notice to the appellant of the +udgment or ,nal order appealed from# 3here a recordon appeal is re;uired, the appellant shall ,le a notice of appeal and a record on appeal ithin thirty (/?) days after notice of the +udgment or ,nal order#%he period of appeal shall be interrupted by a timely motion for ne trial or reconsideration# @o motion for e)tension of time to ,le a motion for ne trial or reconsiderationshall be alloed# (n)Se%!n )' ;o% to appeal# $ %he appeal is ta'en by ,ling a notice of appeal ith the court that rendered the +udgment or ,nal order appealed from# %he notice of appealshall indicate the parties to the appeal, the +udgment or ,nal order or part thereof appealed from, and state the material dates shoing the timeliness of the appeal#A record on appeal shall be re;uired only in special proceedings and in other cases of multiple or separate appeals#%he form and contents of the record on appeal shall be as provided in section 0, &ule .(#Copies of the notice of appeal, and the record on appeal here re;uired, shall be served on the adverse party# (n)Se%!n *' Perfe&tion of appeal2 e+e&t thereof. $ %he perfection of the appeal and the e4ect thereof shall be governed by the provisions of section >, &ule .(# (n)Se%!n +' Appellate &ourt do&1et and other la%ful fees# $ 3ithin the period for ta'ing an appeal, the appellant shall pay to the cler' of the court hich rendered the+udgment or ,nal order appealed from the full amount of the appellate court doc'et and other laful fees# Proof of payment thereof shall be transmitted to the appellatecourt together ith the original record or the record on appeal, as the case may be# (n)Se%!n ,' 3uty of the &ler1 of &ourt# $ 3ithin ,fteen ((5) days from the perfection of the appeal, the cler' of court or the branch cler' of court of the loer court shalltransmit the original record or the record on appeal, together ith the transcripts and e)hibits, hich he shall certify as complete, to the proper &egional %rial Court# A copyof his letter of transmittal of the records to the appellate court shall be furnished the parties# (n)Se%!n 7' Pro&edure in the Regional #rial Court# $(a) 9pon receipt of the complete record or the record on appeal, the cler' of court of the &egional %rial Court shall notify the parties of such fact#(b) 3ithin ,fteen ((5) days from such notice, it shall be the duty of the appellant to submit a memorandum hich shall brieKy discuss the errors imputed to theloer court, a copy of hich shall be furnished by him to the adverse party# 3ithin ,fteen ((5) days from receipt of the appellantFs memorandum, the appellee may,le his memorandum# Bailure of the appellant to ,le a memorandum shall be a ground for dismissal of the appeal#(c) 9pon the ,ling of the memorandum of the appellee, or the e)piration of the period to do so, the case shall be considered submitted for decision# %he &egional%rial Court shall decide the case on the basis of the entire record of the proceedings had in the court of original and such memoranda as are ,led# (n)Se%!n 1' Appeal from orders dismissing &ase %ithout trial2 la&1 of -urisdi&tion# $ If an appeal is ta'en from an order of the loer court dismissing the case ithout a trialon the merits, the &egional %rial Court may aArm or reverse it, as the case may be# In case of aArmance and the ground of dismissal is lac' of +urisdiction over the sub+ectmatter, the &egional %rial Court, if it has +urisdiction thereover, shall try the case on the merits as if the case as originally ,led ith it# In case of reversal, the case shall beremanded for further proceedings#If the case as tried on the merits by the loer court ithout +urisdiction over the sub+ect matter, the &egional %rial Court on appeal shall not dismiss the case if it hasoriginal +urisdiction thereof, but shall decide the case in accordance ith the preceding section, ithout pre+udice to the admission of amended pleadings and additionalevidence in the interest of +ustice# (n)Se%!n 9' Appli&a'ility of Rule A# $ %he other provisions of &ule .( shall apply to appeals provided for herein insofar as they are not inconsistent ith or may serve tosupplement the provisions of this &ule# (n)RULE *1A88ea Fr!3 T:e Re4#!na Tr#a C!/r&$Se%!n 1' Su'-e&t of appeal# $ An appeal may be ta'en from a +udgment or ,nal order that completely disposes of the case, or of a particular matter therein hendeclared by these &ules to be appealable#@o appeal may be ta'en from"(a) An order denying a motion for ne trial or reconsideration2(b) An order denying a petition for relief or any similar motion see'ing relief from +udgment2(c) An interlocutory order2(d) An order disalloing or dismissing an appeal2(e) An order denying a motion to set aside a +udgment by consent, confession or compromise on the ground of fraud, mista'e or duress, or any other groundvitiating consent2(f) An order of e)ecution2(g) A +udgment or ,nal order for or against one or more of several parties or in separate claims, counterclaims, cross8claims and third8party complaints, hile themain case is pending, unless the court allos an appeal therefrom2 and(h) An order dismissing an action ithout pre+udice#In all the above instances here the +udgment or ,nal order is not appealable, the aggrieved party may ,le an appropriate special civil action under &ule 05# (n)Se%!n (' Modes of appeal# $(a) )rdinary appeal# $ %he appeal to the Court of Appeals in cases decided by the &egional %rial Court in the e)ercise of its original +urisdiction shall be ta'en by,ling a notice of appeal ith the court hich rendered the +udgment or ,nal order appealed from and serving a copy thereof upon the adverse party# @o record onappeal shall be re;uired e)cept in special proceedings and other cases of multiple or separate appeals here la on these &ules so re;uire# In such cases, therecord on appeal shall be ,led and served in li'e manner#(b) Petition for re(ie%# $ %he appeal to the Court of Appeals in cases decided by the &egional %rial Court in the e)ercise of its appellate +urisdiction shall be bypetition for revie in accordance ith &ule .*#(c) Appeal 'y &ertiorari# $ In all cases here only ;uestions of la are raised or involved, the appeal shall be to the Supreme Court by petition for revieon &ertiorari in accordance ith the &ule .5# (n)Se%!n )' Period of ordinary appeal# $ %he appeal shall be ta'en ithin ,fteen ((5) days from notice of the +udgment or ,nal order appealed from# 3here a record onappeal is re;uired, the appellant shall ,le a notice of appeal and a record on appeal ithin thirty (/?) days from notice of the +udgment or ,nal order#%he period of appeal shall be interrupted by a timely motion for ne trial or reconsideration# @o motion for e)tension of time to ,le a motion for ne trial or reconsiderationshall be alloed# (n)Se%!n *' Appellate &ourt do&1et and other la%ful fees# $ 3ithin the period for ta'ing an appeal, the appellant shall pay to the cler' of the court hich rendered the+udgment or ,nal order appealed from, the full amount of the appellate court doc'et and other laful fees# Proof of payment of said fees shall be transmitted to theappellate court together ith the original record or the record on appeal# (n)Se%!n +' Noti&e of appeal# $ %he notice of appeal shall indicate the parties to the appeal, specify the +udgment or ,nal order or part thereof appealed from, specify thecourt to hich the appeal is being ta'en, and state the material dates shoing the timeliness of the appeal# (.a)Se%!n ,' Re&ord on appeal2 form and &ontents thereof. $ %he full names of all the parties to the proceedings shall be stated in the caption of the record on appeal and itshall include the +udgment or ,nal order from hich the appeal is ta'en and, in chronological order, copies of only such pleadings, petitions, motions and all interlocutoryorders as are related to the appealed +udgment or ,nal order for the proper understanding of the issue involved, together ith such data as ill sho that the appeal asperfected on time# If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the evidence, testimonial and documentary, ta'en uponthe issue involved# %he reference shall specify the documentary evidence by the e)hibit numbers or letters by hich it as identi,ed hen admitted or o4ered at thehearing, and the testimonial evidence by the names of the corresponding itnesses# If the hole testimonial and documentary evidence in the case is to be included, astatement to that e4ect ill be suAcient ithout mentioning the names of the itnesses or the numbers or letters of e)hibits# 1very record on appeal e)ceeding tenty(*?) pages must contain a sub+ect inde)# (0a)Se%!n 7' Appro(al of re&ord on appeal# $ 9pon the ,ling of the record on appeal for approval and if no ob+ection is ,led by the appellee ithin ,ve (5) days from receiptof a copy thereof, the trial court may approve it as presented or upon its on motion or at the instance of the appellee, may direct its amendment by the inclusion of anyomitted matters hich are deemed essential to the determination of the issue of la or fact involved in the appeal# If the trial court orders the amendment of the record,the appellant, ithin the time limited in the order, or such e)tension thereof as may be granted, or if no time is ,)ed by the order ithin ten ((?) days from receipt thereof,shall redraft the record by including therein, in their proper chronological se;uence, such additional matters as the court may have directed him to incorporate, and shallthereupon submit the redrafted record for approval, upon notice to the appellee, in li'e manner as the original draft# (, and allo ithdraal of the appeal# (>a)Se%!n 12' 3uty of &ler1 of &ourt of the lo%er &ourt upon perfe&tion of appeal# $ 3ithin thirty (/?) days after perfection of all the appeals in accordance ith thepreceding section, it shall be the duty of the cler' of court of the loer court"(a) %o verify the correctness of the original record or the record on appeal, as the case may be aid to ma'e certi,cation of its correctness2(b) %o verify the completeness of the records that ill be, transmitted to the appellate court2(c) If found to be incomplete, to ta'e such measures as may be re;uired to complete the records, availing of the authority that he or the court may e)ercise for thispurpose2 and(d) %o transmit the records to the appellate court#If the e4orts to complete the records fail, he shall indicate in his letter of transmittal the e)hibits or transcripts not included in the records being transmitted to theappellate court, the reasons for their non8transmittal, and the steps ta'en or that could be ta'en to have them available#%he cler' of court shall furnish the parties ith copies of his letter of transmittal of the records to the appellate court# ((?a)Se%!n 11' #rans&ript# $ 9pon the perfection of the appeal, the cler' shall immediately direct the stenographers concerned to attach to the record of the case ,ve (5)copies of the transcripts of the testimonial evidence referred to in the record on appeal# %he stenographers concerned shall transcribe such testimonial evidence and shallprepare and aA) to their transcripts an inde) containing the names of the itnesses and the pages herein their testimonies are found, and a list of the e)hibits and thepages herein each of them appears to have been o4ered and admitted or re+ected by the trial court# %he transcripts shall be transmitted to the cler' of the trial court hoshall thereupon arrange the same in the order in hich the itnesses testi,ed at the trial, and shall cause the pages to be numbered consecutively# ((*a)Se%!n 1(' #ransmittal# $ %he cler' of the trial court shall transmit to the appellate court the original record or the approved record on appeal ithin thirty (/?) days fromthe perfection of the appeal, together ith the proof of payment of the appellate court doc'et and other laful fees, a certi,ed true copy of the minutes of the proceedings,the order of approval, the certi,cate of correctness, the original documentary evidence referred to therein, and the original and three (/) copies of the transcripts# Copiesof the transcripts and certi,ed true copies of the documentary evidence shall remain in the loer court for the e)amination of the parties# (((a)Se%!n 1)' 3ismissal of appeal# $ Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may motu propio or onmotion dismiss the appeal for having been ta'en out of time# ((.a)RULE *(Pe!n 0!r Re"#e> Fr!3 &:e Re4#!na Tr#a C!/r&$ &! &:e C!/r& !0 A88ea$Se%!n 1' ;o% appeal ta1en2 time for *ling# $ A party desiring to appeal from a decision of the &egional %rial Court rendered in the e)ercise of its appellate +urisdictionmay ,le a veri,ed petition for revie ith the Court of Appeals, paying at the same time to the cler' of said court the corresponding doc'et and other laful fees,depositing the amount of P5??#?? for costs, and furnishing the &egional %rial Court and the adverse party ith a copy of the petition# %he petition shall be ,led and servedithin ,fteen ((5) days from notice of the decision sought to be revieed or of the denial of petitionerFs motion for ne trial or reconsideration ,led in due time after+udgment# 9pon proper motion and the payment of the full amount of the doc'et and other laful fees and the deposit for costs before the e)piration of the reglementaryperiod, the Court of Appeals may grant an additional period of ,fteen ((5) days only ithin hich to ,le the petition for revie# @o further e)tension shall be grantede)cept for the most compelling reason and in no case to e)ceed ,fteen ((5) days# (n)Se%!n (' uo# 6nly one (() motion for reconsideration shall be alloed# 9pon proper motion and the payment of the full amount of the doc'etfee before the e)piration of the reglementary period, the Court of Appeals may grant an additional period of ,fteen ((5) days only ithin hich to ,le the petition forrevie# @o further e)tension shall be granted e)cept for the most compelling reason and in no case to e)ceed ,fteen ((5) days# (n)Se%!n +' ;o% appeal ta1en# $ Appeal shall be ta'en by ,ling a veri,ed petition for revie in seven (uo# %he original copy of the petition intended for the Court of Appeals shall be indicated as such by thepetitioner#9pon the ,ling of the petition, the petitioner shall pay to the cler' of court of the Court of Appeals the doc'eting and other laful fees and deposit the sum of P5??#?? forcosts# 1)emption from payment of doc'eting and other laful fees and the deposit for costs may be granted by the Court of Appeals upon a veri,ed motion setting forthvalid grounds therefor# If the Court of Appeals denies the motion, the petitioner shall pay the doc'eting and other laful fees and deposit for costs ithin ,fteen ((5) daysfrom notice of the denial# (n)Se%!n ,' Contents of the petition# $ %he petition for revie shall (a) state the full names of the parties to the case, ithout impleading the court or agencies either aspetitioners or respondents2 (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the revie2 (c) be accompanied by a clearlylegible duplicate original or a certi,ed true copy of the aard, +udgment, ,nal order or resolution appealed from, together ith certi,ed true copies of such materialportions of the record referred to therein and other supporting papers2 and (d) contain a sorn certi,cation against forum shopping as provided in the last paragraph ofsection *, &ule .*# %he petition shall state the speci,c material dates shoing that it as ,led ithin the period ,)ed herein# (*a)Se%!n 7' 2+e&t of failure to &omply %ith re>uirements# $ %he failure of the petitioner to comply ith any of the foregoing re;uirements regarding the payment of thedoc'et and other laful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents hich should accompany the petition shall besuAcient ground for the dismissal thereof# (n)Se%!n 1' A&tion on the petition# $ %he Court of Appeals may re;uire the respondent to ,le a comment on the petition not a motion to dismiss, ithin ten ((?) days fromnotice, or dismiss the petition if it ,nds the same to be patently ithout merit, prosecuted manifestly for delay, or that the ;uestions raised therein are too unsubstantial tore;uire consideration# (0a)Se%!n 9' Contents of &omment# $ %he comment shall be ,led ithin ten ((?) days from notice in seven (a)Se%!n 12' 3ue &ourse# $ If upon the ,ling of the comment or such other pleadings or documents as may be re;uired or alloed by the Court of Appeals or upon thee)piration of the period for the ,ling thereof, and on the records the Court of Appeals ,nds prima fa&ie that the court or agency concerned has committed errors of fact orla that ould arrant reversal or modi,cation of the aard, +udgment, ,nal order or resolution sought to be revieed, it may give due course to the petition2 otherise, itshall dismiss the same# %he ,ndings of fact of the court or agency concerned, hen supported by substantial evidence, shall be binding on the Court of Appeals# (n)Se%!n 11' #ransmittal of re&ord# $ 3ithin ,fteen ((5) days from notice that the petition has been given due course, the Court of Appeals may re;uire the court oragency concerned to transmit the original or a legible certi,ed true copy of the entire record of the proceeding under revie# %he record to be transmitted may be abridgedby agreement of all parties to the proceeding# %he Court of Appeals may re;uire or permit subse;uent correction of or addition to the record# (=a)Se%!n 1(' 2+e&t of appeal# $ %he appeal shall not stay the aard, +udgment, ,nal order or resolution sought to be revieed unless the Court of Appeals shall directotherise upon such terms as it may deem +ust# ((?a)Se%!n 1)' Su'mission for de&ision# $ If the petition is given due course, the Court of Appeals may set the case for oral argument or re;uire the parties to submitmemoranda ithin a period of ,fteen ((5) days from notice# %he case shall be deemed submitted for decision upon the ,ling of the last pleading or memorandum re;uiredby these &ules or by the court of Appeals# (n) Procedure in the Court of AppealsRULE **Or-#nar. A88eae- Ca$e$Se%!n 1' #itle of &ases# $ In all cases appealed to the Court of Appeals under &ule .(, the title of the case shall remain as it as in the court of origin, but the partyappealing the case shall be further referred to as the appellant and the adverse party as the appellee# ((a, &.0)Se%!n (' Counsel and guardians# $ %he counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel andguardians ad litem in the Court of Appeals# 3hen others appear or are appointed, notice thereof shall be served immediately on the adverse party and ,led ith the court#(*a, &.0)Se%!n )' )rder of transmittal of re&ord# $ If the original record or the record on appeal is not transmitted to the Court of Appeals ithin thirty (/?) days after theperfection of the appeal, either party may ,le a motion ith the trial court, ith notice to the other, for the transmittal of such record or record on appeal# (/a, &.0)Se%!n *' 3o&1eting of &ase# $ 9pon receiving the original record or the record on appeal and the accompanying documents and e)hibits transmitted by the loer court,as ell as the proof of payment of the doc'et and other laful fees, the cler' of court of the Court of Appeals shall doc'et the case and notify the parties thereof# (.a, &.0)3ithin ten ((?) days from receipt of said notice, the appellant, in appeals by record on appeal, shall ,le ith the cler' of court seven (>=)(d) 9nauthori-ed alterations, omissions or additions in the approved record on appeal as provided in section . of &ule ..2(e) Bailure of the appellant to serve and ,le the re;uired number of copies of his brief or memorandum ithin the time provided by these &ules2(f) Absence of speci,c assignment of errors in the appellantFs brief, or of page references to the record as re;uired in section (/, paragraphs (a), (c), (d) and (f) of&ule ..2(g) Bailure of the appellant to ta'e the necessary steps for the correction or completion of the record ithin the time limited by the court in its order2(h) Bailure of the appellant to appear at the preliminary conference under &ule .= or to comply ith orders, circulars, or directives of the court ithout +usti,ablecause2 and(i) %he fact that the order or +udgment appealed from is not appealable# ((a)Se%!n (' 3ismissal of improper appeal to the Court of Appeals# $ An appeal under &ule .( ta'en from the &egional %rial Court to the Court of Appeals raising only;uestions of la shall be dismissed, issues purely of la not being revieable by said court# Similarly, an appeal by notice of appeal instead of by petition for revie fromthe appellate +udgment of a &egional %rial Court shall be dismissed# (n)An appeal erroneously ta'en to the Court of Appeals shall not be transferred to the appropriate court but shall be dismissed outright# (/a)Se%!n )' .ithdra%al of appeal# $ An appeal may be ithdran as of right at any time before the ,ling of the appelleeFs brief# %hereafter, the ithdraal may be alloedin the discretion of the court# (.a)RULE +1J/-43en&Se%!n 1' .hen &ase deemed su'mitted for -udgment# $ A case shall be deemed submitted for +udgment"A# In ordinary appeals# $() 3here no hearing on the merits of the main case is held, upon the ,ling of the last pleading, brief, or memorandum re;uired by the &ules or by the courtitself, or the e)piration of the period for its ,ling#*) 3here such a hearing is held, upon its termination or upon the ,ling of the last pleading or memorandum as may be re;uired or permitted to be ,led bythe court, or the e)piration of the period for its ,ling#!# In original actions and petitions for revie# $() 3here no comment is ,led, upon the e)piration of the period to comment#*) 3here no hearing is held, upon the ,ling of the last pleading re;uired or permitted to be ,led by the court, or the e)piration of the period for its ,ling#/) 3here a hearing on the merits of the main case is held, upon its termination or upon the ,ling of the last pleading or memorandum as may be re;uired orpermitted to be ,led by the court, or the e)piration of the period for its ,ling# (n)Se%!n (' By %hom rendered# $ %he +udgment shall be rendered by the members of the court ho participated in the deliberation on the merits of the case before itsassignment to a member for the riting of the decision# (n)Se%!n )' @uorum and (oting in the &ourt# $ %he participation of all three Hustices of a division shall be necessary at the deliberation and the unanimous vote of the threeHustices shall be re;uired for the pronouncement of a +udgment or ,nal resolution# If the three +ustices do not reach a unanimous vote, the cler' shall enter the votes of thedissenting Hustices in the record# %hereafter, the Chairman of the division shall refer the case, together ith the minutes of the deliberation, to the Presiding Hustice hoshall designate to Hustices chosen by raIe from among all the other members of the court to sit temporarily ith them, forming a special division of ,ve Hustices# %heparticipation of all the ,ve members of the special division shall be necessary for the deliberation re;uired in section * of this &ule and the concurrence of a ma+ority ofsuch division shall be re;uired for the pronouncement of a +udgment or ,nal resolution# (*a)Se%!n *' 3isposition of a &ase# $ %he Court of Appeals, in the e)ercise of its appellate +urisdiction, may aArm, reverse, or modify the +udgment or ,nal order appealedfrom, and may direct a ne trial or further proceedings to be had# (/a)Se%!n +' ) (n)Se%!n ,' ;armless error# $ @o error in either the admission or the e)clusion of evidence and no error or defect in any ruling or order or in anything done or omitted bythe trial court or by any of the parties is ground for granting a ne trial or for setting aside, modifying, or otherise disturbing a +udgment or order, unless refusal to ta'esuch action appears to the court inconsistent ith substantial +ustice# %he court at every stage of the proceeding must disregard any error or defect hich does not a4ectthe substantial rights of the parties# (5a)Se%!n 7' ,udgment %here there are se(eral parties# $ In all actions or proceedings, an appealed +udgment may be aArmed as to some of the appellants, and reversedas to others, and the case shall thereafter be proceeded ith, so far as necessary, as if separate actions had been begun and prosecuted, and e)ecution of the +udgment ofaArmance may be had accordingly, and costs may be ad+udged in such cases, as the court shall deem proper# (0)Se%!n 1' @uestions that may 'e de&ided# $ @o error hich does not a4ect the +urisdiction over the sub+ect matter or the validity of the +udgment appealed from or theproceedings therein ill be considered unless stated in the assignment of errors, or closely related to or dependent on an assigned error and properly argued in the brief,save as the court may pass upon plain errors and clerical errors# ( Tr#aSe%!n 1' Period for *ling2 ground# $ At any time after the appeal from the loer court has been perfected and before the Court of Appeals loses +urisdiction over thecase, a party may ,le a motion for a ne trial on the ground of nely discovered evidence hich could not have been discovered prior to the trial in the court belo by thee)ercise of due diligence and hich is of such a character as ould probably change the result# %he motion shall be accompanied by aAdavits shoing the factsconstituting the grounds therefor and the nely discovered evidence# ((a)Se%!n (' ;earing and order# $ %he Court of Appeals shall consider the ne evidence together ith that adduced at the trial belo, and may grant or refuse a ne trial,or may ma'e such order, ith notice to both parties, as to the ta'ing of further testimony, either orally in court, or by depositions, or render such other +udgment as oughtto be rendered upon such terms as it may deem +ust# (*a)Se%!n )' Resolution of motion# $ In the Court of Appeals, a motion for ne trial shall be resolved ithin ninety (>?) days from the date hen the court declares itsubmitted for resolution# (n)Se%!n *' Pro&edure in ne% trial# $ 9nless the court otherise directs, the procedure in the ne trial shall be the same as that granted by a &egional %rial Court# (/a)RULE +*In&erna ;/$#ne$$Se%!n 1' 3istri'ution of &ases among di(isions# $ All the cases of the Court of Appeals shall be allotted among the di4erent divisions thereof for hearing and decision#%he Court of Appeals, sitting en 'an&, shall ma'e proper orders or rules to govern the allotment of cases among the di4erent divisions, the constitution of such divisions,the regular rotation of Hustices among them, the ,ling of vacancies occurring therein, and other matters relating to the business of the court2 and such rules shall continuein force until repealed or altered by the Supreme Court# ((a)Se%!n (' @uorum of the &ourt# $ A ma+ority of the actual members of the court shall constitute a >uorum for its sessions en 'an %hree members shall constitutea >uorum for the sessions of a division# %he aArmative votes of the ma+ority of the members present shall be necessary to pass a resolution of the court en 'an %heaArmative votes of three members of a division shall be necessary for the pronouncement of a +udgment or ,nal resolution, hich shall be reached in consultation beforethe riting of the opinion by any member of the division# (Sec# ((, ,rst par# of !P !lg# (*>, as amended by Sec# 0 of 16 //)# (/a)RULE ++P/0) (n)Se%!n )' 6eneral ma1e/up of (olumes# $ %he published decisions and ,nal resolutions of the Supreme Court shall be called 7Philippine &eports,7 hile those of the Courtof Appeals shall be 'non as the 7Court of Appeals &eports#7 1ach volume thereof shall contain a table of the cases reported and the cases cited in the opinions, ith acomplete alphabetical inde) of the sub+ect matters of the volume# It shall consist of not less than seven hundred pages printed upon good paper, ell bound and numberedconsecutively in the order of the volumes published# (Sec# */a, A# @o# *>0) (n) Pr!%e-/re In T:e S/8re3e C!/r&RULE +,A' Or#4#na Ca$e$Se%!n 1' )riginal &ases &ogni=a'le# $ 6nly petitions for &ertiorari, prohibition, mandamus, >uo %arranto, ha'eas &orpus, disciplinary proceedings against members ofthe +udiciary and attorneys, and cases a4ecting ambassadors, other public ministers and consuls may be ,led originally in the Supreme Court# (n)Se%!n (' Rules appli&a'le# $ %he procedure in original cases for &ertiorari, prohibition, mandamus, >uo %arranto and ha'eas &orpus shall be in accordance ith theapplicable provisions of the Constitution, las, and &ules .0, .=, .>, 5(, 5* and this &ule, sub+ect to the folloing provisions"a) All references in said &ules to the Court of Appeals shall be understood to also apply to the Supreme Court2b) %he portions of said &ules dealing strictly ith and speci,cally intended for appealed cases in the Court of Appeals shall not be applicable2 andc) 1ighteen ((=) clearly legible copies of the petition shall be ,led, together ith proof of service on all adverse parties#%he proceedings for disciplinary action against members of the +udiciary shall be governed by the las and &ules prescribed therefor, and those against attorneys by &ules(/>8!, as amended# (n);' A88eae- Ca$e$Se%!n )' Mode of appeal# $ An appeal to the Supreme Court may be ta'en only by a petition for revie on &ertiorari, e)cept in criminal cases here the penaltyimposed is death, re&lusion perpetua or life imprisonment# (n)Se%!n *' Pro&edure# $ %he appeal shall be governed by and disposed of in accordance ith the applicable provisions of the Constitution, las, &ules .5, .=, sections (,*, and 5 to (( of &ule 5(, 5* and this &ule# (n)Se%!n +' 6rounds for dismissal of appeal# $ %he appeal may be dismissed motu proprio or on motion of the respondent on the folloing grounds"(a) Bailure to ta'e the appeal ithin the reglementary period2(b) Jac' of merit in the petition2(c) Bailure to pay the re;uisite doc'et fee and other laful fees or to ma'e a deposit for costs2(d) Bailure to comply ith the re;uirements regarding proof of service and contents of and the documents hich should accompany the petition2(e) Bailure to comply ith any circular, directive or order of the Supreme Court ithout +usti,able cause2(f) 1rror in the choice or mode of appeal2 and(g) %he fact that the case is not appealable to the Supreme Court# (n)Se%!n ,' 3isposition of improper appeal# $ 1)cept as provided in section /, &ule (** regarding appeals in criminal cases here the penalty imposed is death, re&lusionperpetua or life imprisonment, an appeal ta'en to the Supreme Court by notice of appeal shall be dismissed#An appeal by &ertiorari ta'en to the Supreme Court from the &egional %rial Court submitting issues of fact may be referred to the Court of Appeals for decision orappropriate action# %he determination of the Supreme Court on hether or not issues of fact are involved shall be ,nal# (n)Se%!n 7' Pro&edure if opinion is e>ually di(ided# $ 3here the court en 'an& is e;ually divided in opinion, or the necessary ma+ority cannot be had, the case shall againbe deliberated on, and if after such deliberation no decision is reached, the original action commenced in the court shall be dismissed, in appealed cases, the +udgment ororder appealed from shall stand aArmed2 and on all incidental matters, the petition or motion shall be denied#Pr!"#$#!na Re3e-#e$RULE +7Pre#3#nar. A&&a%:3en&Se%!n 1' 6rounds upon %hi&h atta&hment may issue# $ At the commencement of the action or at any time before entry of +udgment, a plainti4 or any proper party mayhave the property of the adverse party attached as security for the satisfaction of any +udgment that may be recovered in the folloing cases"(a) In an action for the recovery of a speci,ed amount of money or damages, other than moral and e)emplary, on a cause of action arising from la, contract,;uasi8contract, delict or ;uasi8delict against a party ho is about to depart from the Philippines ith intent to defraud his creditors2(b) In an action for money or property embe--led or fraudulently misapplied or converted to his on use by a public oAcer, or an oAcer of a corporation, or anattorney, factor, bro'er, agent, or cler', in the course of his employment as such, or by any other person in a ,duciary capacity, or for a illful violation of duty2(c) In an action to recover the possession of property un+ustly or fraudulently ta'en, detained or converted, hen the property, or any part thereof, has beenconcealed, removed, or disposed of to prevent its being found or ta'en by the applicant or an authori-ed person2(d) In an action against a party ho has been guilty of a fraud in contracting the debt or incurring the obligation upon hich the action is brought, or in theperformance thereof2(e) In an action against a party ho has removed or disposed of his property, or is about to do so, ith intent to defraud his creditors2 or(f) In an action against a party ho does not reside and is not found in the Philippines, or on hom summons may be served by publication# ((a)Se%!n (' $ssuan&e and &ontents of order# $ An order of attachment may be issued either e5 parte or upon motion ith notice and hearing by the court in hich theaction is pending, or by the Court of Appeals or the Supreme Court, and must re;uire the sheri4 of the court to attach so much of the property in the Philippines of theparty against hom it is issued, not e)empt from e)ecution, as may be suAcient to satisfy the applicantFs demand, unless such party ma'es deposit or gives a bond ashereinafter provided in an amount e;ual to that ,)ed in the order, hich may be the amount suAcient to satisfy the applicantFs demand or the value of the property to beattached as stated by the applicant, e)clusive of costs# Several rits may be issued at the same time to the sheri4s of the courts of di4erent +udicial regions# (*a)Se%!n )' A4da(it and 'ond re>uired# $ An order of attachment shall be granted only hen it appears by the aAdavit of the applicant, or of some other person hopersonally 'nos the facts, that a suAcient cause of action e)ists, that the case is one of those mentioned in section ( hereof, that there is no other suAcient security forthe claim sought to be enforced by the action, and that the amount due to the applicant, or the value of the property the possession of hich he is entitled to recover, is asmuch as the sum for hich the order is granted above all legal counterclaims# %he aAdavit, and the bond re;uired by the ne)t succeeding section, must be duly ,led iththe court before the order issues# (/a)Se%!n *' Condition of appli&antBs 'ond# $ %he party applying for the order must thereafter give a bond e)ecuted to the adverse party in the amount ,)ed by the court inits order granting the issuance of the rit, conditioned that the latter ill pay all the costs hich may be ad+udged to the adverse party and all damages hich he maysustain by reason of the attachment, if the court shall ,nally ad+udge that the applicant as not entitled thereto# (.a)Se%!n +' Manner of atta&hing property# $ %he sheri4 enforcing the rit shall ithout delay and ith all reasonable diligence attach, to aait +udgment and e)ecution inthe action, only so much of the property in the