Civil Actions

Ordinary Civil Actions

RULE 1 General Provisions

Section 1. Title of the Rules. — These Rule shall

be known and cited as the Rules of Court. (1)

Section 2. In what courts applicable. — These

Rules shall apply in all the courts, except as
otherwise provided by the Supreme Court. (n)

Section 3. Cases governed. — These Rules shall

govern the procedure to be observed in actions,
civil or criminal and special proceedings.

(a) A civil action is one by which a party sues

another for the enforcement or protection of a
right, or the prevention or redress of a wrong,
(1a, R2)

A civil action may either be ordinary or special.

Both are governed by the rules for ordinary civil
actions, subject to the specific rules prescribed
for a special civil action. (n)

(b) A criminal action is one by which the State

prosecutes a person for an act or omission
punishable by law. (n)
(c) A special proceeding is a remedy by which a
party seeks to establish a status, a right, or a
particular fact. (2a, R2)

Section 4. In what case not applicable. — These

Rules shall not apply to election cases, land
registration, cadastral, naturalization and
insolvency proceedings, and other cases not
herein provided for, except by analogy or in a
suppletory character and whenever practicable
and convenient. (R143a)

Section 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 dated of
the filing of such later pleading, irrespective of
whether the motion for its admission, if necessary,
is denied by the court. (6a)

Section 6. Construction. — 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. (2a)
RULE 2 Cause of Action

Section 1. Ordinary civil actions, basis of. —

Every ordinary civil action must be based on a
cause of action. (n)

Section 2. Cause of action, defined. — A cause of

action is the act or omission by which a party
violates a right of another. (n)

Section 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)

Section 4. Splitting a single cause of action; effect

of. — If two or more suits are instituted on the
basis of the same cause of action, the filing of
one or a judgment upon the merits in any one is
available as a ground for the dismissal of the
others. (4a)

Section 5. Joinder of causes of action. — A party

may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may
have against an opposing party, subject to the
following conditions:

(a) The party joining the causes of action shall

comply with the rules on joinder of parties;
(b) The joinder shall not include special civil
actions or actions governed by special rules;

(c) Where the causes of action are between the

same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the
Regional Trial Court provided one of the causes
of action falls within the jurisdiction of said court
and the venue lies therein; and

(d) Where the claims in all the causes action are

principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.
(5a)

Section 6. Misjoinder of causes of action. —

Misjoinder of causes of action is not a ground for
dismissal of an action. A misjoined cause of
action may, on motion of a party or on the
initiative of the court, be severed and proceeded
with separately. (n)

RULE 3 Parties to Civil Actions

Section 1. Who may be parties; plaintiff and

defendant. — Only natural or juridical persons,
or entities authorized by law may be parties in a
civil action. The term "plaintiff" may refer to the
claiming party, the counter-claimant, the cross-
claimant, or the third (fourth, etc.) — party
plaintiff. The term "defendant" may refer to the
original defending party, the defendant in a
counter-claim, the cross-defendant, or the third
(fourth, etc.) — party defendant. (1a)

Section 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)

Section 3. Representatives as parties. — Where

the action is allowed to be prosecuted and
defended by a representative or someone acting
in a fiduciary capacity, the beneficiary 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 expert trust,
a guardian, an executor or administrator, or a
party authorized by law or these Rules. An agent
acting in his own name and for the benefit of an
undisclosed principal may sue or be sued without
joining the principal except when the contract
involves things belonging to the principal. (3a)
Section 4. Spouses as parties. — Husband and
wife shall sue or be sued jointly, except as
provided by law. (4a)

Section 5. Minor or incompetent persons. — A

minor or a person alleged to be incompetent, may
sue or be sued with the assistance of his father,
mother, guardian, or if he has none, a guardian
ad litem. (5a)

Section 6. Permissive joinder of parties. — All

persons in whom or against whom any right to
relief in respect to or arising out of the same
transaction or series of transactions is alleged to
exist, whether jointly, severally, or in the
alternative, may, except as otherwise provided in
these Rules, join as plaintiffs or be joined as
defendants in one complaint, where any question
of law or fact common to all such plaintiffs or to
all such defendants may arise in the action; but
the court may make such orders as may be just
to prevent any plaintiff or defendant from being
embarrassed or put to expense in connection with
any proceedings in which he may have no interest.
(6n)

Section 7. Compulsory joinder of indispensable

parties. — Parties in interest without whom no
final determination can be had of an action shall
be joined either as plaintiffs or defendants. (7)

Section 8. Necessary party. — A necessary party

is one who is not indispensable but who ought to
be joined as a party 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. (8a)

Section 9. Non-joinder of necessary parties to be

pleaded. — Whenever in any pleading in which a
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 unmeritorious, it
may order the inclusion of the omitted necessary
party if jurisdiction over his person may be
obtained.

The failure to comply with the order for his

inclusion, without justifiable cause, shall be
deemed a waiver of the claim against such party.

The non-inclusion of a necessary party does not

prevent the court from proceeding in the action,
and the judgment rendered therein shall be
without prejudice to the rights of such necessary
party. (8a, 9a)
Section 10. Unwilling co-plaintiff. — If the
consent of any party who should be joined as
plaintiff can not be obtained, he may be made a
defendant and the reason therefor shall be stated
in the complaint. (10)

Section 11. Misjoinder and non-joinder of parties.

— Neither misjoinder nor non-joinder of parties
is ground for dismissal of an action. Parties may
be dropped or added by order of the court on
motion of any party or on its own initiative at any
stage the action and on such terms as are just.
Any claim against a misjoined party may be
severed and proceeded with separately. (11a)

Section 12. Class suit. — When the subject matter

of the controversy is one of common or general
interest to many persons so numerous that it is
impracticable to join all as parties, a number of
them which the court finds to be sufficiently
numerous and representative as to fully protect
the interests of all concerned may sue or defend
for the benefit of all. Any party in interest shall
have the right to intervene to protect his
individual interest. (12a)

Section 13. Alternative defendants. — Where the

plaintiff is uncertain against who of several
persons he is entitled to relief, he may join any
or all of them as defendants in the alternative,
although a right to relief against one may be
inconsistent with a right of relief against the
other. (13a)

Section 14. Unknown identity or name of

defendant. — Whenever the identity or name of a
defendant is unknown, he may be sued as the
unknown owner heir devisee, or by such other
designation as the case may require, when his
identity or true name is discovered, the pleading
must be amended accordingly. (14)

Section 15. Entity without juridical personality as

defendant. — When two or more persons not
organized as an entity with juridical personality
enter into a transaction, they may be sued under
the name by which they are generally or
commonly known.

In the answer of such defendant, the name and

addresses of the persons composing said entity
must all be revealed. (15a)

Section 16. Death of party; duty of counsel. —

Whenever a party to a pending action dies, and
the claim is not thereby extinguished, it shall be
the duty of his counsel to inform the court within
thirty (30) days after such death of the fact
thereof, and to give the name and address of his
legal representative or representatives. 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. (16a, 17a)

Section 17. Death or separation of a party who is

a public officer. — 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. (18a)

Section 18. Incompetency or incapacity. — If a

party becomes incompetent or incapacitated, the
court, upon motion with notice, may allow the
action to be continued by or against the
incompetent or incapacitated person assisted by
his legal guardian or guardian ad litem. (19a)

Section 19. Transfer 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 directs the person to whom the
interest is transferred to be substituted in the
action or joined with the original party. (20)
Section 20. Action and contractual money claims.
— 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. (21a)

Section 21. Indigent party. — A party may be

authorized to litigate his action, claim or defense
as an indigent if the court, upon an ex parte
application and hearing, is satisfied that the party
is one who has no money or property sufficient
and available for food, shelter and basic
necessities for himself and his family.

Such authority shall include an exemption from

payment of docket and other lawful fees, and of
transcripts of stenographic notes which the court
may order to be furnished him. The amount of the
docket and other lawful fees which the indigent
was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the
indigent, unless the court otherwise provides.
Any adverse party may contest the grant of such
authority at any time before judgment is rendered
by the trial court. If the court should determine
after hearing that the party declared as an
indigent is in fact a person with sufficient income
or property, the proper docket and other lawful
fees shall be assessed and collected by the clerk
of court. If payment is not made within the time
fixed by the court, execution shall issue or the
payment thereof, without prejudice to such other
sanctions as the court may impose. (22a)

Section 22. Notice to the Solicitor General. — In

any action involving the validity of any treaty,
law, ordinance, executive order, presidential
decree, rules or regulations, the court, in its
discretion, may require the appearance of the
Solicitor General who may be heard in person or
a representative duly designated by him. (23a)

RULE 4 Venue of Actions

Section 1. Venue of real actions. — Actions

affecting title to or possession of real property,
or interest therein, shall be commenced and tried
in the proper court which has jurisdiction over
the area wherein the real property involved, or a
portion thereof, is situated.
Forcible entry and detainer actions shall be
commenced and tried in the municipal trial court
of the municipality or city wherein the real
property involved, or a portion thereof, is
situated. (1[a], 2[a]a)

Section 2. Venue of personal actions. — All other

actions may be commenced and tried where the
plaintiff or any of the principal plaintiffs resides,
or where the defendant or any of the principal
defendants resides, or in the case of a non-
resident defendant where he may be found, at the
election of the plaintiff. (2[b]a)

Section 3. Venue of actions against nonresidents.

— If any of the defendants does not reside and
is not found in the Philippines, and the action
affects the personal status of the plaintiff, or any
property of said defendant located in the
Philippines, the action may be commenced and
tried in the court of the place where the plaintiff
resides, or where the property or any portion
thereof is situated or found. (2[c]a)

Section 4. When Rule not applicable. — This Rule

shall not apply.

(a) In those cases where a specific rule or law

provides otherwise; or
(b) Where the parties have validly agreed in
writing before the filing of the action on the
exclusive venue thereof. (3a, 5a)

RULE 5 Uniform Procedure In Trial Courts

Section 1. Uniform procedure. — The procedure

in the Municipal Trial Courts shall be the same as
in the Regional Trial Courts, except (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. (n)

Section 2. Meaning of terms. — 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. (1a)