1997 RULES OF CIVIL PROCEDURE, AS AMENDED

APPLICABILITY: (Sec. 2, Rule I, Rules of Court) GENERAL RULE: These Rules shall apply in all the courts; EXCEPTION: Unless otherwise provided by the Supreme Court
CASES GOVERNED: (Sec. 3, Rule I, Rules of Court) NON APPLICABILITY: Election Cases, Land Registration, Cadastral, Naturalization and Insolvency
1. Civil Cases- one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong Proceedings and other cases not herein provided for, except by analogy or in a suppletory character and
2. Criminal Cases- is one by which the State prosecutes a person for an act or omission punishable by law whenever practicable and convenient (Sec. 4, Rule I, Rules of Court)
3. Special Proceedings- a remedy by which a party seeks to establish a status, a right, or a particular fact
CONSTRUCTION: (Sec. 6, Rule I, Rules of Court) These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding.
UNIFORMITY OF PROCEDURE: GENERAL RULE: The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts, EXCEPTIONS: (a) where a particular provision expressly or impliedly applies only to either of said courts, or (b)
in civil cases governed by the Rule on Summary Procedure. (Sec. 1, Rule V, Rules of Court)

PARTIES TO CIVIL ACTIONS If an additional defendant is impleaded in a later pleading, the JURISDICTION IN
(Sec. 1, Rule III, Rules of Court) action is commenced with regard to him on the date of the CIVIL CASES
filing of such later pleading irrespective of whether the motion 1. SUPREME COURT
Only natural or juridical persons, or entities authorized by law may be parties in a civil for its admission, if necessary, is denied by the court (Sec. 5, A. ORIGINAL
action. Rule I, Rules of Court) i. EXCLUSIVE
Petitions for Certiorari,
"Plaintiff" may refer to the claiming party, the counter-claimant, the cross-claimant, or the When the presence of parties other than those to the original Prohibition or Mandamus against the:
third (fourth, etc.) — party plaintiff action is required for the granting of complete relief in the a. Court of Appeals
"Defendant" may refer to the original defending party, the defendant in a counter-claim, the determination of a counterclaim or cross-claim, the court shall b. Commission on Elections
cross-defendant, or the third (fourth, etc.) — party defendant order them to be brought in as defendants, if jurisdiction over c. Commission on Audit
them can be obtained (Sec. 12, Rule VI, Rules of Court) d. Sandiganbayan
PARTIES IN INTEREST ii. CONCURRENT
1. A Real Party in Interest is the party who stands to be benefited or injured by the judgment a. With the Court of Appeals
in the suit, or the party entitled to the avails of the suit. (Sec. 2, Rule III, Rules of Court) Petitions for Certiorari,
GENERAL RULE: Every action must be prosecuted or defended in the name of the real Prohibition or Mandamus
party in interest Payment of the against the:
EXCEPTION: Unless otherwise authorized by law or these Rules a.1 Regional Trial Court
requisite legal fees
2. Where the action is allowed to be prosecuted and defended by a representative or a.2 Civil Service Commission
someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the a.3 Central Board of Assessment
case and shall be deemed to be the real property in interest. A representative may be a Appeals
trustee of an expert trust, a guardian, an executor or administrator, or a party authorized a.4 Court of Tax Appeals
by law or these Rules. (Sec. 3, Rule III, Rules of Court) a.5 Other quasi-judicial agencies
GENERAL RULE: An agent acting in his own name and for the benefit of an a.6 National Labor Relations
COMMENCEMENT OF Commission
undisclosed principal may sue or be sued without joining the principal
EXCEPTION: When the contract involves things belonging to the principal
CAUSE OF ACTION CIVIL ACTION b. With the Court of Appeals and
Every ordinary civil action must be based on a (Sec. 5, Rule I, Rules of Court)
3. GENERAL RULE: Husband and wife shall sue or be sued jointly Regional Trial Court
cause of action. (Sec. 1, Rule II, Rules of b.1 Petitions for Certiorari,
EXCEPTION: Unless otherwise as provided by law (Sec. 4, Rule III, Rules of Court)
Court) Filing of the original complaint in
4. A minor or a person alleged to be incompetent, may sue or be sued with the assistance of Prohibition or Mandamus
his father, mother, guardian, or if he has none, a guardian ad litem (Sec. 5, Rule III, Rules court against courts of the first level
A cause of action is the act or omission by and other bodies; and
of Court)
which a party violates a right of another (Sec. A complaint is the pleading
5. A Necessary Party is one who is not indispensable but who ought to be joined as a party b.2 Petitions for Habeas Corpus
2, Rule II, Rules of Court) alleging the plaintiff's cause or and Quo Warranto
if complete relief is to be accorded as to those already parties, or for a complete
determination or settlement of the claim subject of the action (Sec. 8, Rule III, Rules of causes of action. The names and c. With the Regional Trial Court
A party may not institute more than one suit residences of the plaintiff and c.1 Actions against
Court)
for a single cause of action (Sec. 3, Rule II, defendant must be stated in the Ambassadors, Other Public
Non-joinder of necessary parties to be pleaded: Whenever in any pleading in which a
Rules of Court) complaint (Sec. 3, Rule VI, Rules Ministers and Consuls
claim is asserted a necessary party is not joined, the pleader shall set forth his name, if
known, and shall state why he is omitted. Should the court find the reason for the omission of Court) B. APPELLATE
Joinder of Causes of Action: (Sec. 5, Rule II, Petitions for review on certiorari against
unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction
Rules of Court) A party may in one pleading
over his person may be obtained. (Sec. 9, Rule III, Rules of Court)
assert, in the alternative or otherwise, as many
The failure to comply with the order for his inclusion, without justifiable cause, shall be
causes of action as he may have against an
deemed a waiver of the claim against such party. (Sec. 9, Rule III, Rules of Court)
opposing party, subject to the following
 The non-inclusion of a necessary party does not prevent the court from proceeding in conditions:
the action, and the judgment rendered therein shall be without prejudice to the rights of the following:
such necessary party. (Sec. 9, Rule III, Rules of Court) a. The party joining the causes of action shall FILING OF CROSS i. Court of Appeals
6. Compulsory joinder of indispensable parties: Parties in interest without whom no final comply with the rules on joinder of parties; CLAIM ii. Sandiganbayan
determination can be had of an action shall be joined either as plaintiffs or defendants b. The joinder shall not include special civil A cross-claim is any claim iii. Regional Trial Court in cases involving:
(Sec. 7, Rule III, Rules of Court) actions or actions governed by special rules; by one party against a co- a. the constitutionality or validity of a
7. Unwilling Co-Plaintiff: If the consent of any party who should be joined as plaintiff c. Where the causes of action are between the party arising out of the treaty, international or executive
cannot be obtained, he may be made a defendant and the reason therefor shall be stated same parties but pertain to different venues transaction or occurrence agreement, law, presidential decree,
in the complaint (Sec. 10, Rule III, Rules of Court) or jurisdictions, the joinder may be allowed that is the subject matter proclamation, order, instruction,
8. Alternative Defendants: Where the plaintiff is uncertain against who of several persons in the Regional Trial Court provided one of either of the original action ordinance or regulation
he is entitled to relief, he may join any or all of them as defendants in the alternative, the causes of action falls within the or of a counterclaim therein. b. the legality of a tax, impost,
although a right to relief against one may be inconsistent with a right of relief against jurisdiction of said court and the venue lies Such cross-claim may assessment, toll or a penalty in
the other (Sec. 13, Rule III, Rules of Court) therein; include a claim that the party relation thereto;
9. Unknown identity or name of defendant: Whenever the identity or name of a defendant d. Where the claims in all the causes action are against whom it is asserted is c. the jurisdiction of a lower court
is unknown, he may be sued as the unknown owner heir devisee, or by such other principally for recovery of money, the or may be liable to the cross- d. only errors or questions of law
designation as the case may require (Sec. 14, Rule III, Rules of Court) aggregate amount claimed shall be the test claimant for all or part of a 2. COURT OF APPEALS
10. Entity without juridical personality as defendant: When two or more persons not of jurisdiction claim asserted in the action i. ORIGINAL EXCLUSIVE
organized as an entity with juridical personality enter into a transaction, they may be against the cross-claimant Actions for annulment of judgments of
sued under the name by which they are generally or commonly known. Misjoinder of causes of action is not a ground (Sec. 8, Rule VI, Rules of the Regional Trial Court
In the answer of such defendant, the name and addresses of the persons composing said for dismissal of an action. A misjoined cause Court) ii. CONCURRENT
entity must all be revealed (Sec. 15, Rule III, Rules of Court) of action may, on motion of a party or on the a. With the Supreme Court
11. Indigent Party: A party may be authorized to litigate his action, claim or defense as an initiative of the court, be severed and .1 Petitions for Certiorari,
the following conditions: Prohibition or Mandamus agai
indigent if the court, upon an ex parte application and hearing, is satisfied that the party proceeded with separately (Sec. 6, Rule II,
is one who has no money or property sufficient and available for food, shelter and basic Rules of Court) nst the:
necessities for himself and his family FILING OF COUNTER a.1.1 Regional Trial Court
Such authority shall include an exemption from: a.1.2 Civil Service
CROSS CLAIM Commission
a. Payment of docket and other lawful fees; and A cross-claim may also be filed
b. Payment of transcripts of stenographic notes which the court may order to be a.1.3 Central Board of
against an original cross-claimant Assessment Appeals
furnished him (Sec. 21, Rule III, Rules of Court) (Sec. 9, Rule VI, Rules of Court)
GENERAL RULE: The amount of the docket and other lawful fees which the indigent a.1.4 Court of Tax
was exempted from paying shall be a lien on any judgment rendered in the case favorable Appeals
to the indigent VENUE OF ACTION a.1.5 Other Quasi-Judicial
EXCEPTION: Unless otherwise provided by the court 1. REAL ACTION: Actions affecting title to or possession of Agencies
Any adverse party may contest the grant of such authority at any time before judgment real property, or interest therein, shall be commenced and a.1.6 National Labor
is rendered by the trial court. If the court should determine after hearing that the party tried in the proper court which has jurisdiction over the area Relations
declared as an indigent is in fact a person with sufficient income or property, the proper wherein the real property involved, or a portion thereof, is Commission
docket and other lawful fees shall be assessed and collected by the clerk of court. If situated. (Sec. 1, Rule IV, Rules of Court) b. With the Supreme Court and
payment is not made within the time fixed by the court, execution shall issue or the 2. PERSONAL ACTIONS: All other actions may be Court and Regional Trial Court
payment thereof, without prejudice to such other sanctions as the court may impose b.1. Petitions for Certiorari,
commenced and tried where the plaintiff or any of the
12. Class Suit: When the subject matter of the controversy is one of common or general Prohibition or Mmandamus
principal plaintiffs resides, or where the defendant or any of against Courts of the First Level
interest to many persons so numerous that it is impracticable to join all as parties, a the principal defendants resides, or in the case of a non-
number of them which the court finds to be sufficiently numerous and representative as and other Bodies
resident defendant where he may be found, at the election of b.2. Petitions for Habeas Corpus and
to fully protect the interests of all concerned may sue or defend for the benefit of all. the plaintiff. (Sec. 2, Rule IV. Rules of Court)
Any party in interest shall have the right to intervene to protect his individual interest Quo Warranto
3. ACTIONS AGAINST NONRESIDENTS: If any of the iii. APPELATE
(Sec. 12, Rule III, Rules of Court)
defendants does not reside and is not found in the a. ORDINARY APPEALS from the
Philippines, and the action affects the personal status of the 1. Regional Trial Court except
plaintiff, or any property of said defendant located in the in cases exclusively appealable
Philippines, the action may be commenced and tried in the to the Supreme Court
TRANSFER WHEN PERMISSIVE Neither misjoinder nor SOLICITOR GENERAL AS PARTY court of the place where the plaintiff resides, or where the 2. Family Courts
OF PARTIES JOINDER OF non-joinder of parties is In any action involving the validity of any treaty, law, property or any portion thereof is situated or found. (Sec. 3, b. APPEAL BY PETITION FOR
INTEREST BECOME PARTIES ground for dismissal of ordinance, executive order, presidential decree, rules Rule IV, Rules of Court)
(Sec. 19, Rule REVIEW from
INCOMPETENT (Sec. 6, Rule III, an action. Parties may be or regulations, the court, in its discretion, may require
III, Rules of (Sec. 18, Rule III, Rules of Court) dropped or added by 1. Court of Tax Appeals
the appearance of the Solicitor General who may be NON APPLICABILITY: (Sec. 4, Rule IV, Rules of Court) 2. Civil Service Commission
Court) Rules of Court) GENERAL order of the court on heard in person or a representative duly designated by 1. In those cases where a specific rule or law provides
GENERAL If a party becomes RULE: All motion of any party or on him (Sec. 22, Rule III, Rules of Court) otherwise; or
RULE: In case incompetent or persons in whom its own initiative at any 2. Where the parties have validly agreed in writing before the
of any transfer or against whom stage the action and on filing of the action on the exclusive venue thereof.
of interest, the incapacitated, the any right to relief misjoined party may be 3. Central Board of
action may be court, upon in respect to or severed and proceeded Assessment Appeals
continued by motion with arising out of the with separately (Sec. 11, 4. Securities & Exchange
or against the notice, may allow same transaction Commission
Rule III, Rules of Court)
original party the action to be or series of 5. Land Registration Authority
EXCEPTION continued by or transactions is 6. Social Security
: When the against the alleged to exist, Commission
courttermsupon
such as are just.incompetent or a
Any claim against whether jointly, 7. Office of the President
motion directs incapacitated severally, or in 8. Civil Aeronautics Board
the person assisted by the alternative, 9. Bureaus under the
person to his legal guardian may, join as Intellectual Property Office
whom the or guardian ad plaintiffs or be 10. National Electrification
interest is litem joined as Administration
transferred to defendants in 11. Energy Regulatory Board
be substituted one complaint, 12. National
in the action or where any Telecommunications
joined with the question of law Commission
original party or fact common 13. Department of Agrarian
to all such Reform under R.A. 6657
plaintiffs or to all 14. GSIS
such defendants 15. Employees Compensation
may arise in the Commission
action; 16. Agricultural Inventions
EXCEPTION: Board
Unless otherwise 17. Insurance Commission
provided in these 18. Philippine Atomic Energy
Rules Commission
The court may 19. Board of Investments
make such 20. Construction Industry
orders as may be Arbitration Commission
just to prevent 21. Any other quasi-judicial
any plaintiff or agency, instrumentality,
defendant from board or commission in
being the exercise of its quasi-
embarrassed or judicial functions, such as
put to expense in voluntary arbitrator
connection with c. PETITIONS FOR REVIEW
any proceedings from the Regional Trial Court
in which he may in cases appealed from the lower
have no interest. courts
3. REGIONAL TRIAL COURTS
A. ORIGINAL
i. EXCLUSIVE
a. Actions wherein the subject
matter is not capable of pecuniary
estimation
b. Actions involving title to or
possession of real property or an
interest therein, where the
assessed value of such property
exceeds PhP 20,000.- [in Metro
Manila, PhP 50,000.-]
except forcible entry and unlawful
detainer
c. Actions in admiralty and maritime
jurisdiction where the demand or
claim exceeds PhP 100,000.- [in

The term "Municipal Trial Courts" as
used in these Rules shall include
Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial
Courts, and Municipal Circuit Trial
Courts (Sec. 2, Rule V, Rules of Court)
Metro Manila: PhP 200,000.-]
d. Matters of probate, testate or
intestate, where the gross value of
the estate exceeds PhP 100,000.-
[in Metro Manila: PhP 200,000.
e. Actions involving marriage and
marital relations
f. Cases not within the exclusive
jurisdiction of any court, tribunal,
person or body exercising judicial
or quasi-judicial functions
g. Actions and special proceedings
within the exclusive original
jurisdiction of the former Juvenile
and Domestic Relations Court and
of the Court of Agrarian Relations
as now provided by law; and
h. Other cases where the demand or
the value of the property exceeds
PhP 100,000.- [in Metro Manila:
PhP 200,000.-] exclusive of
interest, damages, attorney’s fees,
litigation expenses and costs
B. CONCURRENT
i. With the Supreme Court
a. Actions affecting ambassadors,
other public ministers and consuls
ii. With the Supreme Court & the Court
of Appeals
a. Petitions for certiorari,
prohibition and mandamus
against the lower courts and
bodies
b. Petitions for Habeas Corpus and
Quo Warranto
C. APPELLATE
All cases decided by lower courts in their
respective territorial jurisdictions
4. METROPOLITAN, MUNICIPAL
TRIAL COURT & MUNICIPAL
CIRCUIT TRIAL COURTS
A. ORIGINAL
i. EXCLUSIVE
a. Actions involving personal
property valued are not more
than PhP 100,000.- [in Metro
Manila: PhP 200,000.-]
b. Actions demanding sums of
money not exceeding PhP
100,000.- [in Metro Manila:
PhP 200,000.-] exclusive of
interest, damages, attorney’s
fees, litigation expenses and
costs
c. Actions in admiralty and
maritime jurisdiction where the
demand or claim does not
 exceed PhP 100,000.- [in Metro
Manila: PhP 200,000.]
exclusive of interest, damages,
attorney’s fees, litigation
expenses and costs
c. Probate proceedings (testate or
intestate), where the gross value
of the estate does not exceed
VENUE OF FORCIBLE ENTRY PhP 100,000.- [in Metro
AND DETAINER ACTIONS Manila: PhP 200,000.-]
d. Forcible entry and unlawful
It shall be commenced and tried in the
detainer cases
municipal trial court of the municipality
e. Actions involving title to or
or city wherein the real property possession of real property, or
involved, or a portion thereof, is situated any interest therein, where the
(Sec. 1, Rule IV, Rules of Court) assessed value does not exceed
PhP 20,000.- [in Metro Manila:
PhP 50,000.-] exclusive of
interest, damages, attorney’s
fees, litigation expenses and
costs
f. Provisional remedies where the
principal action is within their
jurisdiction
B. DELEGATED
i. Cadastral or land registration cases
covering
a. lots where there is no
controversy or opposition
b. Contested lots where the value
of which does not exceed
P100, 000.-
C. SPECIAL
Petitions for habeas corpus in the absence
of all Regional Trial Court Judges in the
province or city
D. SUMMARY PROCEDURE
i. Forcible entry and unlawful detainer
cases
a. irrespective of the amount of
damages or unpaid rentals
sought to be recovered
b. All other court cases except
probate proceedings, where
the total claim does not exceed
P10,000.- exclusive of interest
and costs
Pleadings may be
amended by adding or
striking out an allegation
or the name of any party,
or by correcting a mistake
in the name of a party or a
mistaken or inadequate
allegation or description
in any other respect, so
that the actual merits of
the controversy may
speedily be determined,
without regard to
technicalities, and in the
most expeditious and
inexpensive manner (Sec.
1, Rule X, Rules of Court)
A bill of particulars
becomes part of the
pleading for which it is
intended
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) a direction that
the defendant answer within the
time fixed by these Rules; (c) 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.
(Sec. 2, Rule XIV, Rules of
Court)
CLERK OF
COURT TO
ISSUE
SUMMONS
(Sec 1, Rule 14,
Rules of Court)
REMEDIES BEFORE FILING OF ANSWER If the motion is denied, the movant shall file his answer within the
A. AMENDMENT OF COMPLAINT ONCE AS A MATTER OF RIGHT balance of the period prescribed by Rule 11 to which he was
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set entitled at the time of serving his motion, but not less than five (5)
forth in an amended or supplemental complaint (Sec. 2, Rule X, Rules of Court) days in any event, computed from his receipt of the notice of the
Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a denial. If the pleading is ordered to be amended, he shall file his
mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so answer within the period prescribed by Rule 11 counted from
that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in service of the amended pleading, unless the court provides a longer
the most expeditious and inexpensive manner (Sec. 1, Rule X, Rules of Court) period
B. BILL OF PARTICULARS A compulsory counterclaim or a
Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any cross-claim that a defending party
matter which is not averted with sufficient definiteness or particularity to enable him properly to prepare his has at the time he files his answer
responsive pleading. (Sec. 1, Rule XII, Rules of Court) shall be contained therein (Sec. 8,
1. If the motion is granted, either in whole or in part, the compliance therewith must be effected within
Rule XI, Rules of Court)
ten (10) days from notice of the order, unless a different period is fixed by the court. The bill of
particulars or a more definite statement ordered by the court may be filed either in a separate or in an
amended pleading, serving a copy thereof on the adverse party (Sec. 3, Rule XII, Rules of Court)
2. If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the FILING OF ANSWER
striking out of the pleading or the portions thereof to which the order was directed or make such other Not a mandatory
order as it deems just (Sec. 4, Rule XII, Rules of Court) WITH COUNTER pleading
3. After service of the bill of particulars or of a more definite pleading, or after notice of denial of his CLAIM, IF ANY TO
motion, the moving party may file his responsive pleading (ANSWER) within the period to which he Pleadings are the
THE COMPLAINT
was entitled at the time of filing his motion, which shall not be less than five (5) days in any event written statements of
An answer is a pleading in which a
(Sec. 5, Rule XII, Rules of Court) the respective claims
defending party sets forth his
C. MOTION TO DISMISS and defenses of the
1. If two or more suits are instituted on the basis of the same cause of action, the filing of one or a defenses (Sec. 4, Rule VI, Rules of
parties submitted to
judgment upon the merits in any one is available as a ground for the dismissal of the others (Sec. 4 Court)
the court for
Rule II, Rules of Court) Defenses may either be negative or
appropriate
2. The court has no jurisdiction over the person of the defending party; (Sec. 1, Rule XVI, Rules of Court) affirmative.
judgment (Sec. 1,
3. The court has no jurisdiction over the subject matter of the claim; (Sec. 1, Rule XVI, Rules of Court) (a) A negative defense is the
specific denial of the material fact Rule VI, Rules of
4. The venue is improperly laid; (Sec. 1, Rule XVI, Rules of Court)
5. The plaintiff has no legal capacity to sue; (Sec. 1, Rule XVI, Rules of Court) or facts alleged in the pleading of Court)
6. There is another action pending between the same parties for the same cause; (Sec. 1, Rule XVI, Rules the claimant essential to his cause
or causes of action. 1. Amendment of Complaint with
of Court)
(b) An affirmative defense is an Leave of Court, at any time
7. Cause of action is barred by a prior judgment or by the statute of limitations; (Sec. 1, Rule XVI, Rules
allegation of a new matter which, within ten (10) days after it is
of Court)
while hypothetically admitting the served (Sec. 2, Rule X, Rules of
8. Pleading asserting the claim states no cause of action; (Sec. 1, Rule XVI, Rules of Court) FILING OF
Court)
9. The claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or material allegations in the pleading
otherwise extinguished; (Sec. 1, Rule XVI, Rules of Court)
REPLY
of the claimant, would nevertheless
10. The claim on which the action is founded is enforceable under the provisions of the statute of frauds; A reply is a pleading,
prevent or bar recovery by him.
(Sec. 1, Rule XVI, Rules of Court)and the office or function
The affirmative defenses include
11. Condition precedent for filing the claim has not been complied with (Sec. 1, Rule XVI, Rules of of which is to deny,
fraud, statute of limitations,
Court) or allege facts in
release, payment, illegality, statute
denial or avoidance
of frauds, estoppel, former
of new matters
recovery, discharge in bankruptcy,
alleged by way of
and any other matter by way of
defense in the answer
confession and avoidance (Sec. 5,
and thereby join or
Rule VI, Rules of Court)
make issue as to such
KINDS OF COUNTER CLAIM:
new matters. If a
A counterclaim is any claim which
party does not file
a defending party may have against
such reply, all the
an opposing party (Sec. 6, Rule VI,
new matters alleged
Rules of Court)
SERVICE OF Compulsory counterclaim. — A
in the answer are
SUMMONS compulsory counterclaim is one deemed controverted
(Rule 14, Rules of which, being cognizable by the Sec. 10, Rule VI,
Court) regular courts of justice, arises out Rules of Court)

The time to answer a third
(fourth, etc.)—party complaint
shall be governed by the same
rule as the answer to the
complaint (Sec. 5, Rule XI,
Rules of Court)
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 (Sec. 3, Rule XI,
Rules of Court)
Upon motion and on such terms
as may be just, the court may
extend the time to plead
provided in these Rules (Sec.
11, Rule XI, Rules of Court)
of or is connected with the
transaction or occurrence
constituting the subject matter of FILING OF
the opposing party's claim and
does not require for its
COUNTER
adjudication the presence of third COUNTER
parties of whom the court cannot CLAIM
acquire jurisdiction. Such a A counter-claim may
counterclaim must be within the be asserted against
jurisdiction of the court both as to an original counter-
the amount and the nature claimant (Sec. 9,
thereof, except that in an original Rule VI, Rules of
action before the Regional Trial Court)
Court, the counter-claim may be
considered compulsory
regardless of the amount
FILING OF ANSWER TO
THIRD, THIRD
FOURTH… (FOURTH,
PARTY ETC.)—PARTY
COMPLAINT COMPLAINT
A third (fourth, etc.) — A third (fourth, etc.) —
GENERAL RULE: Within fifteen party complaint is a party defendant may
(15) days after service of summons claim that a defending
allege in his answer his
(Sec. 1, Rule XI, Rules of Court); party may, with leave
of court, file against a defenses, counterclaims
When the plaintiff files an amended or cross-claims,
complaint as a matter of right, the person not a party to the
action, called the third including such defenses
defendant shall answer the same
(fourth, etc.) — party that the third (fourth,
within fifteen (15) days after being
served with a copy thereof (Sec. 3, defendant for etc.) — party plaintiff
contribution, may have against the
Rule XI, Rules of Court)
indemnity, subrogation original plaintiff's
EXCEPTIONS:
or any other relief, in claim. In proper cases,
1. Where the amended complaint is
respect of his he may also assert a
not a matter of right, the
opponent's claim (Sec.
defendant shall answer the counterclaim against
amended complaint within ten 11, Rule VI, Rules of the original plaintiff in
(l0) days from notice of the Court)
respect of the latter's
order admitting the same. An claim against the third-
answer earlier filed may serve as party plaintiff (Sec. 13,
the answer to the amended Rule VI, Rules of Court)
complaint if no new answer is
filed (Sec. 3, Rule XI, Rules of
Court)
2. Where the defendant is a foreign
private juridical entity and
service of summons is made on
the government official
designated by law to receive the
same, the answer shall be filed
within thirty (30) days after
receipt of summons by such
entity (Sec. 2, Rule XI, Rules of
Court)
3. A counterclaim or cross-claim
must be answered within ten
(10) days from service (Sec. 4,
Rule XI, Rules of Court)
5. A reply may be filed within ten
(10) days from service of the
pleading responded to (Sec. 6,
Rule XI, Rules of Court)
5. A supplemental complaint may
be answered within ten (10)
days from notice of the order
admitting the same, unless a
different period is fixed by the
court. The answer to the
complaint shall serve as the
answer to the supplemental
complaint if no new or
supplemental answer is filed
(Sec. 7, Rule XI, Rules of
Court)
6. Unless a different period is
fixed by the court (Sec. 1, Rule
XI, Rules of Court)

BILL OF PARTICULARS
If the pleading is a reply, the
motion must be filed within ten
(10) days from service thereof.
Such motion shall point out the
defects complained of, the
paragraphs wherein they are
contained, and the details
desired (Sec. 1, Rule XII, Rules
of Court)
PRE TRIAL
WHENEVER A PARTY TO A PENDING ACTION
DIES
When the claim is not thereby extinguished, it shall be the duty of his
counsel to:
1. Inform the court within thirty (30) days after such death of the fact
thereof, and
2. Give the name and address of his legal representative/s
FAILURE OF COUNSEL TO COMPLY with his duty shall be a ground for
disciplinary action.
The heirs of the deceased may be allowed to be substituted for the deceased,
without requiring the appointment of an executor or administrator and the
court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or representatives
to appear and be substituted within a period of thirty (30) 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 WITHIN THE SPECIFIED PERIOD, the court may
order the opposing party, within a specified time to procure the appointment
of an executor or administrator for the estate of the deceased and the latter
shall immediately appear for and on behalf of the deceased. The court
charges in procuring such appointment, if defrayed by the opposing party,
may be recovered as costs. (Sec. 16, Rule III, Rules of Court)
When a public officer is a party in an action in his official capacity and
during its pendency dies, resigns, or otherwise ceases to hold office, the
action may be continued and maintained by or against his successor if,
within thirty (30) days after the successor takes office or such time as may
be granted by the court, it is satisfactorily shown to the court by any party
that there is a substantial need for continuing or maintaining it and that the
successor adopts or continues or threatens to adopt or continue to adopt or
continue the action of his predecessor. Before a substitution is made, the
party or officer to be affected, unless expressly assenting thereto, shall be
given reasonable notice of the application therefor and accorded an
opportunity to be heard. (Sec. 17, Rule III, Rules of Court)
When Motion to Dismiss is not granted, all the he evidence presented during
the hearing of the Motion shall automatically be part of the evidence of the
party presenting the same during the trial (Sec. 2, Rule XVI, Rules of Court)
TRIAL
1. When the action is for recovery of money arising from contract,
express or implied, and the defendant dies before entry of final
judgment in the court in which the action was pending at the time
of such death, it shall not be dismissed but shall instead be allowed
to continue until entry of final judgment. A favorable judgment
obtained by the plaintiff therein shall be enforced in the manner
especially provided in these Rules for prosecuting claims against
the estate of a deceased person. (Sec. 20, Rule III, Rules of Court)
2. A counterclaim or a cross-claim which either matured or was
acquired by a party after serving his pleading may be presented as
a counterclaim or a cross-claim by supplemental pleading before
judgment provided it is with the permission of the court (Sec. 9,
Rule XI, Rules of Court)
3. When a pleader fails to set up a counterclaim or a cross-claim
through oversight, inadvertence, or excusable neglect, or when
justice requires, he may, by leave of court, set up the counterclaim
or cross-claim by amendment before judgment (Sec. 10, Rule XI,
Rules of Court)
4.

JUDGMENT