Court Issuances~Rules of Court


Rules of Court


 

Pursuant to the provisions of Section 5(5) of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the following rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged:

 


RULE 1 – GENERAL PROVISIONS

PART I
CIVIL ACTIONS

ORDINARY CIVIL ACTIONS

RULE 2 – CAUSE OF ACTION
RULE 3 – PARTIES TO CIVIL ACTIONS
RULE 4 – VENUE OF ACTIONS
RULE 5 – UNIFORM PROCEDURE IN TRIAL COURTS

PROCEDURE IN REGIONAL TRIAL COURTS

RULE 6 – KINDS OF PLEADINGS
RULE 7 – PARTS OF A PLEADING
RULE 8 – MANNER OF MAKING ALLEGATIONS IN PLEADINGS
RULE 9 – EFFECT OF FAILURE TO PLEAD
RULE 10 – AMENDED AND SUPPLEMENTAL PLEADINGS
RULE 11 – WHEN TO FILE RESPONSIVE PLEADINGS
RULE 12 – BILL OF PARTICULARS

RULE 13 – FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS
RULE 14 – SUMMONS
RULE 15 – MOTIONS
RULE 16 – MOTION TO DISMISS
RULE 17 – DISMISSAL OF ACTIONS
RULE 18 – PRE–TRIAL
RULE 19 – INTERVENTION
RULE 20 – CALENDAR OF CASES
RULE 21 – SUBPOENA
RULE 22 – COMPUTATION OF TIME
RULE 23 – DEPOSITIONS PENDING ACTION
RULE 24 – DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
RULE 25 – INTERROGATORIES TO PARTIES
RULE 26 – ADMISSION BY ADVERSE PARTY
RULE 27 – PRODUCTION OR INSPECTION OF DOCUMENTS OF THINGS
RULE 28 – PHYSICAL AND MENTAL EXAMINATION OF PERSONS
RULE 29 – REFUSAL TO COMPLY WITH MODES OF DISCOVERY
RULE 30 – TRIAL
RULE 31 – CONSOLIDATION OR SEVERANCE
RULE 32 – TRIAL BY COMMISSIONER
RULE 33 – DEMURRER TO EVIDENCE
RULE 34 – JUDGMENT ON THE PLEADINGS
RULE 35 – SUMMARY JUDGMENTS
RULE 36 – JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
RULE 37 – NEW TRIAL OR RECONSIDERATION
RULE 38 – RELIEF FROM JUDGMENTS, ORDERS, OR OTHER PROCEEDINGS
RULE 39 – EXECUTION SATISFACTION AND EFFECT OF JUDGMENTS

APPEALS

RULE 40 – APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURT
RULE 41 – APPEAL FROM THE REGIONAL TRIAL COURTS
RULE 42 – PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS
RULE 43 – APPEALS FROM THE COURT OF TAX APPEALS AND QUASI–JUDICIAL AGENCY TO THE COURT OF APPEALS

PROCEDURE IN THE COURT OF APPEALS

RULE 44 – ORDINARY APPEALED CASES
RULE 45 – APPEAL BY CERTIORARI TO THE SUPREME COURT
RULE 46 – ORIGINAL CASES
RULE 47 – ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS
RULE 48 – PRELIMINARY CONFERENCE
RULE 49 – ORAL ARGUMENT
RULE 50 – DISMISSAL OF APPEAL
RULE 51 – JUDGMENT
RULE 52 – MOTION FOR RECONSIDERATION
RULE 53 – NEW TRIAL
RULE 54 – INTERNAL BUSINESS
RULE 55 – PUBLICATION OF JUDGMENTS AND FINAL RESOLUTION

PROCEDURE IN THE SUPREME COURT

RULE 56 – A. ORIGINAL CASES
RULE 56 – B. APPEALED CASES

PROVISIONAL REMEDIES

RULE 57 – PRELIMINARY ATTACHMENT
RULE 58 – PRELIMINARY INJUNCTION
RULE 59 – RECEIVERSHIP
RULE 60 – REPLEVIN
RULE 61 – SUPPORT PENDENTE LITE

SPECIAL CIVIL ACTIONS

RULE 62 – INTERPLEADER
RULE 63 – DECLARATORY RELIEF AND SIMILAR REMEDIES
RULE 64 – REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT
RULE 65 – CERTIORARI, PROHIBITION AND MANDAMUS
RULE 66 – QUO WARRANTO
RULE 67 – EXPROPRIATION
RULE 68 – FORECLOSURE OF REAL ESTATE MORTGAGE
RULE 69 – PARTITION
RULE 70 – FORCIBLE ENTRY AND UNLAWFUL DETAINER
RULE 71 – CONTEMPT

PART II
SPECIAL PROCEEDINGS GENERAL PROVISIONS

RULE 72 – SUBJECT MATTER AND APPLICABILITY OF GENERAL RULES

SETTLEMENT OF ESTATE OF DECEASED PERSONS

RULE 73 – VENUE AND PROCESS
RULE 74 – SUMMARY SETTLEMENT OF ESTATES
RULE 75 – PRODUCTION OF WILL. ALLOWANCE OF WILL NECESSARY
RULE 76 – ALLOWANCE OR DISALLOWANCE OF WILL
RULE 77 – ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND ADMINISTRATION OF ESTATE THEREUNDER
RULE 78 – LETTERS TESTAMENTARY AND OF ADMINISTRATION, WHEN AND TO WHOM ISSUED
RULE 79 – OPPOSING ISSUANCE OF LETTERS TESTAMENTARY. PETITION AND CONTEST FOR LETTERS OF ADMINISTRATION
RULE 80 – SPECIAL ADMINISTRATOR
RULE 81 – BOND OF EXECUTORS AND ADMINISTRATORS
RULE 82 – REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION, AND REMOVAL OF EXECUTORS AND ADMINISTRATORS
RULE 83 – INVENTORY AND APPRAISAL PROVISION FOR SUPPORT OF FAMILY
RULE 84 – GENERAL POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS
RULE 85 – ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS
RULE 86 – CLAIMS AGAINST ESTATE
RULE 87 – ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS
RULE 88 – PAYMENT OF THE DEBTS OF THE ESTATE
RULE 89 – SALES, MORTGAGES, AND OTHER ENCUMBRANCES OF PROPERTY OF DECEDENT
RULE 90 – DISTRIBUTION AND PARTITION OF THE ESTATE
RULE 91 – ESCHEATS

GENERAL GUARDIANS AND GUARDIANSHIP

RULE 92 – VENUE
RULE 93 – APPOINTMENT OF GUARDIANS
RULE 94 – BONDS OF GUARDIANS
RULE 95 – SELLING AND ENCUMBERING PROPERTY OF WARD
RULE 96 – GENERAL POWERS AND DUTIES OF GUARDIANS
RULE 97 – TERMINATION OF GUARDIANSHIP
RULE 98 – TRUSTEES
RULE 99 – ADOPTION AND CUSTODY OF MINORS
RULE 100 – RESCISSION AND REVOCATION OF ADOPTION
RULE 101 – PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSONS
RULE 102 – HABEAS CORPUS
RULE 103 – CHANGE OF NAME
RULE 104 – VOLUNTARY DISSOLUTION OF CORPORATIONS
RULE 105 – JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINOR NATURAL CHILDREN
RULE 106 – CONSTITUTION OF FAMILY HOME
RULE 107 – ABSENTEES
RULE 108 – CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY
RULE 109 – APPEALS IN SPECIAL PROCEEDINGS

PART III
CRIMINAL PROCEDURE

RULE 110 – PROSECUTION OF OFFENSES
RULE 111 – PROSECUTION OF CIVIL ACTION
RULE 112 – PRELIMINARY INVESTIGATION
RULE 113 – ARREST
RULE 114 – BAIL
RULE 115 – RIGHTS OF ACCUSED
RULE 116 – ARRAIGNMENT AND PLEA
RULE 117 – MOTION TO QUASH
RULE 118 – PRE–TRIAL
RULE 119 – TRIAL
RULE 120 – JUDGMENT
RULE 121 – NEW TRIAL OR RECONSIDERATION
RULE 122 – APPEAL
RULE 123 – PROCEDURE IN THE MUNICIPAL TRIAL COURTS
RULE 124 – PROCEDURE IN THE COURT OF APPEALS
RULE 125 – PROCEDURE IN THE SUPREME COURT
RULE 126 – SEARCH AND SEIZURE
RULE 127 – PROVISIONAL REMEDIES IN CRIMINAL CASES

PART IV
RULES OF EVIDENCE

RULE 128 – GENERAL PROVISIONS
RULE 129 – WHAT NEED NOT BE PROVED
RULE 130 – RULES OF ADMISSIBILITY
RULE 131 – BURDEN OF PROOF AND PRESUMPTIONS
RULE 132 – PRESENTATION OF EVIDENCE
RULE 133 – WEIGHT AND SUFFICIENCY OF EVIDENCE
RULE 134 – PERPETUATION OF TESTIMONY

PART V
LEGAL ETHICS

RULE 135 – POWERS AND DUTIES OF COURTS AND JUDICIAL OFFICERS
RULE 136 – COURT RECORD AND GENERAL DUTIES OF CLERKS AND STENOGRAPHERS
RULE 137 – DISQUALIFICATION OF JUDICIAL OFFICERS
RULE 138 – ATTORNEYS AND ADMISSION TO BAR
RULE 138 – A – LAW STUDENT PRACTICE RULE
RULE 139 – DISBARMENT OR SUSPENSION OF ATTORNEYS
RULE 139 – A – INTEGRATED BAR OF THE PHILIPPINES
RULE 139 – B – DISBARMENT AND DISCIPLINE OF ATTORNEYS
RULE 140 – DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL COURTS AND JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN
RULE 141 – LEGAL FEES
RULE 142 – COSTS
RULE 143 – APPLICABILITY OF THE RULES
RULE 144 – EFFECTIVENESS


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