RULE 1: GENERAL PROVISIONS

SEC. 5. Commencement of action.—A civil action is commenced by the filing of the original complaint in
court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard
to him on the date of the filing of such later pleading, irrespective of whether the motion for its
admission, if necessary, is denied by the court. (6a)

RULE 2 : CAUSE OF ACTION

SEC. 3. One suit for a single cause of action.—A party may not institute more than one suit for a single
cause of action. (3a)

RULE 3 : PARTIES TO CIVIL ACTION

SEC. 2. Parties in interest.—A real party in interest is the party who stands to be benefited or injured by
the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by
law or these Rules, every action must be prosecuted or defended in the name of the real party in
interest. (2a).

RULE 6 : KINDS OF PLEADINGS

SECTION 1. Pleadings defined.—Pleadings are the written statements of the respective claims and
defenses of the parties submitted to the court for appropriate judgment. (1a)

Section 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 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. A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed
by these Rules.

Section 10. Reply. — All 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. However, the plaintiff may file a reply only if the defending
party attaches an actionable document to his or her answer.
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 in, or relating to, said actionable document.
In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the
same is based solely on an actionable document.

RULE 8 ; MANNER OF MAKING ALLEGATIONS IN PLEADINGS

Section 12. Affirmative defenses. —

(a) A defendant shall raise his affirmative defenses in his answer, which shall be limited to the reasons
set forth under Section 5(b), Rule 6, and the following grounds:
1. That the court has no jurisdiction over the person of the defending party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to sue;
4. That the pleading asserting the claim states no cause of action; and
5. That a condition precedent for filing the claim has not been complied with.
(b) Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof.
(c) The court shall motu proprio resolve the above affirmative defenses within thirty (30) calendar days
from the filing of the answer.
(d) As to the other affirmative defenses under the first paragraph of Section 5(b), Rule 6, the court
may conduct a summary hearing within fifteen (15) calendar days from the filing of the answer. Such
affirmative defenses shall be resolved by the court within thirty (30) calendar days from the
termination of the summary hearing.
(e) Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition
for certiorari, prohibition or mandamus, but may be among the matters to be raised on appeal after a
judgment on the merits. (n)

RULE 9 ; EFFECT OF FAILURE TO PLEAD

SEC. 3. Default; declaration of.—If the defending party fails to answer within the time allowed therefor,
the court shall, upon motion of the claiming party with notice to the defending party, and proof of such
failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment
granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires
the claimant to submit evidence. Such reception of evidence may be delegated to the clerk of court. (1a,
R18)

(a) Effect of order of default.—A party in default shall be entitled to notice of subsequent proceedings
but not to take part in the trial. (2a, R18)

(b) Relief from order of default.—A party declared in default may at any time after notice thereof and
before judgment file a motion under oath to set aside the order of default upon proper showing that
his failure to answer was due to fraud, accident, mistake or excusable 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 judge may impose in the interest of justice. (3a, R18)

(c) Effect of partial default.—When a pleading asserting a claim states a common cause of action against
several defending parties, some of whom answer and the others fail to do so, the court shall try the case
against all upon the answers thus filed and render judgment upon the evidence presented. (4a, R18)

(d) Extent of relief to be awarded.—A judgment rendered against a party in default shall not exceed the
amount or be different in kind from that prayed for nor award unliquidated damages. (5a, R18) (e)
Where no defaults allowed.—If the defending party in an action for annulment or declaration of
nullity of marriage or for legal separation fails to answer, the court shall order the prosecuting
attorney to investigate whether or not a collusion between the parties exists, and if there is no
collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated.
(6a, R18)

RULE 10 ; AMENDED AND SUPPLEMENTAL PLEADINGS

Section 3. Amendments by leave of court. — Except as provided in the next preceding Section,
substantial amendments may be made only upon leave of court. But such leave shall be refused if it
appears to the court that the motion was made with intent to delay or confer jurisdiction on the court,
or the pleading stated no cause of action from the beginning which could be amended. Orders of the
court upon the matters provided in this Section shall be made upon motion filed in court, and after
notice to the adverse party, and an opportunity to be heard.

RULE 11 ; WHEN TO FILE RESPONSIVE PLEADINGS

Section 3. Answer to amended complaint. — When the plaintiff files an amended complaint as a matter
of right, the defendant shall answer the same within thirty (30) calendar days after being served with a
copy thereof.

Where its filing is not a matter of right, the defendant shall answer the amended complaint within
fifteen (15) calendar days from notice of the order admitting the same. An answer earlier filed may serve
as the answer to the amended complaint if no new answer is filed.

This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third
(fourth, etc.)-party complaint, and amended complaint-in-intervention.

Section 11. Extension of time to  file an answer. — A defendant may, for meritorious reasons, be granted
an additional period of not more than thirty (30) calendar days to file an answer. A defendant is only
allowed to file one (1) motion for extension of time to file an answer.
A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere
scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by
these Rules.

RULE 13 ; FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

Section 3. Manner of filing. — The filing of pleadings and other court submissions shall be made by:

(a) Submitting personally the original thereof, plainly indicated as such, to the court;

(b) Sending them by registered mail;

(c) Sending them by accredited courier; or

(d) Transmitting them by electronic mail or other electronic means as may be authorized by the Court in
places where the court is electronically equipped.

In the first case, the clerk of court shall endorse on the pleading the date and hour of filing. In the
second and third cases, the date of the mailing of motions, pleadings, and other court submissions, and
payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be
considered as the date of their filing, payment, or deposit in court. The envelope shall be attached to the
record of the case. In the fourth case, the date of electronic transmission shall be considered as the date
of filing.

Section 16. Proof of filing. — The filing of a pleading or any other court submission shall be proved by its
existence in the record of the case.

(a) If the pleading or any other court submission is not in the record, but is claimed to have been
filed personally, the filing shall be proven by the written or stamped acknowledgment of its filing
by the clerk of court on a copy of the pleading or court submission;

(b) If the pleading or any other court submission was filed by registered mail, the filing shall be
proven by the registry receipt and by the affidavit of the person who mailed it, containing a full
statement of the date and place of deposit of the mail in the post office in a sealed envelope
addressed to the court, with postage fully prepaid, and with instructions to the postmaster to
return the mail to the sender after ten (10) calendar days if not delivered.

(c) If the pleading or any other court submission was filed through an accredited courier service,
the filing shall be proven by an affidavit of service of the person who brought the pleading or
other document to the service provider, together with the courier's official receipt and
document tracking number.
 (d) If the pleading or any other court submission was filed by electronic mail, the same shall be
proven by an affidavit of electronic filing of the filing party accompanied by a paper copy of the
pleading or other document transmitted or a written or stamped acknowledgment of its filing by
the clerk of court. If the paper copy sent by electronic mail was filed by registered mail,
paragraph (b) of this Section applies.

(e) If the pleading or any other court submission was filed through other authorized electronic
means, the same shall be proven by an affidavit of electronic filing of the filing party
accompanied by a copy of the electronic acknowledgment of its filing by the court. (12)

RULE 14 ; SUMMONS

Section 2. Contents. — The summons shall be directed to the defendant, signed by the clerk of court
under seal, and contain:

(a) The name of the court and the names of the parties to the action;

(b) When authorized by the court upon ex parte motion, an authorization for the plaintiff to
serve summons to the defendant;

(c) A direction that the defendant answer within the time fixed by these Rules; and

(d) A notice that unless the defendant so answers, plaintiff will take judgment by default and
may be granted the relief applied for.

A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the
original and each copy of the summons.

Section 6. Substituted service. — If, for justifiable causes, the defendant cannot be served personally
after at least three (3) attempts on two (2) separate dates, service may be effected:

(a) By leaving copies of the summons at the defendant's residence to a person at least eighteen
(18) years of age and of sufficient discretion residing therein;

(b) By leaving copies of the summons at the defendant's office or regular place of business with
some competent person in charge thereof. A competent person includes, but not limited to, one
who customarily receives correspondences for the defendant;

(c) By leaving copies of the summons, if refused entry upon making his or her authority and
purpose known, with any of the officers of the homeowners' association or condominium
corporation, or its chief security officer in charge of the community or the building where the
defendant may be found; and

(d) By sending an electronic mail to the defendant's electronic mail address, if allowed by the
court.
Section 13. Duty of counsel of record. — Where the summons is improperly served and a lawyer makes a
special appearance on behalf of the defendant to, among others, question the validity of service of
summons, the counsel shall be deputized by the court to serve summons on his client. (n)

Section 21. Proof of service. — The proof of service of a summons shall be made in writing by the server
and shall set forth the manner, place, and date of service; shall specify any papers which have been
served with the process and the name of the person who received the same; and shall be sworn to when
made by a person other than a sheriff or his or her deputy.

If summons was served by electronic mail, a printout of said e-mail, with a copy of the summons as
served, and the affidavit of the person mailing, shall constitute as proof of service. (18)

Section 23. Voluntary appearance. — The defendant's voluntary appearance in the action shall be
equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack
of jurisdiction over the person of the defendant shall be deemed a voluntary appearance. (20)

RULE 15 ; MOTIONS

Section 2. Motions must be in writing. — All motions shall be in writing except those made in open court
or in the course of a hearing or trial.

A motion made in open court or in the course of a hearing or trial should immediately be resolved in
open court, after the adverse party is given the opportunity to argue his or her opposition thereto.

When a motion is based on facts not appearing on record, the court may hear the matter on affidavits or
depositions presented by the respective parties, but the court may direct that the matter be heard
wholly or partly on oral testimony or depositions.

Section 12. Prohibited motions. — The following motions shall not be allowed:

(a) Motion to dismiss except on the following grounds:

1) That the court has no jurisdiction over the subject matter of the claim;

2) That there is another action pending between the same parties for the same cause;
and

3) That the cause of action is barred by a prior judgment or by the statute of limitations;

(b) Motion to hear affirmative defenses;

(c) Motion for reconsideration of the court's action on the affirmative defenses;

(d) Motion to suspend proceedings without a temporary restraining order or injunction issued
by a higher court;
 (e) Motion for extension of time to file pleadings, affidavits or any other papers, except a motion
for extension to file an answer as provided by Section 11, Rule 11; and

(f) Motion for postponement intended for delay, except if it is based on acts of God, force
majeure or physical inability of the witness to appear and testify. If the motion is granted based
on such exceptions, the moving party shall be warned that the presentation of its evidence must
still be terminated on the dates previously agreed upon.

A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original
official receipt from the office of the clerk of court evidencing payment of the postponement fee under
Section 21(b), Rule 141, to be submitted either at the time of the filing of said motion or not later than
the next hearing date. The clerk of court shall not accept the motion unless accompanied by the original
receipt. (n)

Section 13. Dismissal with prejudice. — Subject to the right of appeal, an order granting a motion to
dismiss or an affirmative defense that the cause of action is barred by a prior judgment or by the statute
of limitations; that the claim or demand set forth in the plaintiffs pleading has been paid, waived,
abandoned or otherwise extinguished; or that the claim on which the action is founded is unenforceable
under the provisions of the statute of frauds, shall bar the refiling of the same action or claim. (5, R16)

RULE 17 ; DISMISSAL OF ACTIONS

SECTION 1. Dismissal upon notice by plaintiff.—A complaint may be dismissed by the plaintiff
by filing a notice of dismissal at any time before service of the answer or of a motion for
summary judgment. Upon such notice being filed, the court shall issue an order confirming the
dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a
notice operates as an adjudication upon the merits when filed by a plaintiff who has once
dismissed in a competent court an action based on or including the same claim. (1a)

Section 2. Dismissal upon motion of plaintiff. — Except as provided in the preceding section, a complaint
shall not be dismissed at the plaintiffs instance save upon approval of the court and upon such terms
and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to
the service upon him or her of the plaintiff's motion for dismissal, the dismissal shall be limited to the
complaint. The dismissal shall be without prejudice to the right of the defendant to prosecute his or
her counterclaim in a separate action unless within fifteen (15) calendar days from notice of the motion
he or she manifests his or her preference to have his or her counterclaim resolved in the same action.
Unless otherwise specified in the order, a dismissal under this paragraph shall be without prejudice. A
class suit shall not be dismissed or compromised without the approval of the court.

Section 3. Dismissal due to fault of plaintiff. — If, for no justifiable cause, the plaintiff fails to appear on
the date of the presentation of his or her evidence in chief on the complaint, or to prosecute his or
her action for an unreasonable length of time, or to comply with these Rules or any order of the court,
the complaint may be dismissed upon motion of the defendant or upon the court's own motion, without
prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a separate
action. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared
by the court.