Rule 57-71-2

RULE 57 is about to do so, with intent to defraud his
PRELIMINARY ATTACHMENT creditors; or

f. In an ACTION AGAINST A PARTY WHO DOES
NOT RESIDE AND IS NOT FOUND IN THE
SECTION 1. GROUNDS UPON WHICH PHILIPPINES, or on whom summons may be
ATTACHMENT MAY ISSUE. served by publication.
At the commencement of the action or at any time
before entry of judgment, a plaintiff or any proper SECTION 2. ISSUANCE AND CONTENTS OF
party may have the property of the adverse party ORDER.
ATTACHED AS SECURITY FOR THE SATISFACTION OF An ORDER OF ATTACHMENT may be issued either ex
ANY JUDGMENT THAT MAY BE RECOVERED in the parte or upon motion WITH NOTICE AND HEARING
following cases: by the court in which the action is pending, or by the
a. In an ACTION FOR THE RECOVERY of a Court of Appeals or the Supreme Court, and must
specified amount of money or damages, other require the sheriff of the court to attach so much of
than moral and exemplary, on a cause of action the property in the Philippines of the party against
arising from law, contract, quasi-contract, delict whom it is issued, not exempt from execution, as
or quasi-delict against a party who is about to may be SUFFICIENT TO SATISFY THE APPLICANT'S
depart from the Philippines with intent to DEMAND, unless
defraud his creditors;  such party MAKES DEPOSIT OR GIVES A
BOND as hereinafter provided in an amount
b. In an ACTION FOR MONEY OR PROPERTY equal to that fixed in the order, which may be
EMBEZZLED OR FRAUDULENTLY MISAPPLIED the amount sufficient to satisfy the
OR CONVERTED to his own use by a public applicant's demand or the value of the
officer, or an officer of a corporation, or an property to be attached as stated by the
attorney, factor, broker, agent, or clerk, in the applicant, exclusive of costs.
course of his employment as such, or by any  Several writs may be issued at the same time
other person in a fiduciary capacity, or for a to the sheriffs of the courts of different
willful violation of duty; judicial regions.
c. In an ACTION TO RECOVER THE POSSESSION SECTION 3. AFFIDAVIT AND BOND REQUIRED.

OF PROPERTY UNJUSTLY OR FRAUDULENTLY An ORDER OF ATTACHMENT SHALL BE GRANTED
TAKEN, DETAINED OR CONVERTED, when the ONLY
property, or any part thereof, has been  when it appears by the affidavit of the
concealed, removed, or disposed of to prevent applicant, or of some other person who
its being found or taken by the applicant or an personally knows the facts, that a SUFFICIENT
authorized person; CAUSE OF ACTION EXISTS,
 that the case is one of those mentioned in
d. In an ACTION AGAINST A PARTY WHO HAS section 1 hereof,
BEEN GUILTY OF A FRAUD IN CONTRACTING  that there is NO OTHER SUFFICIENT
THE DEBT OR INCURRING THE OBLIGATION SECURITY FOR THE CLAIM sought to be
upon which the action is brought, or in the enforced by the action, and
performance thereof;
 that the AMOUNT DUE TO THE APPLICANT,
or the value of the property the possession of
e. In an ACTION AGAINST A PARTY WHO HAS
which he is entitled to recover, is as much as
REMOVED OR DISPOSED OF HIS PROPERTY, or
1 of 43 Remedial Law Review.JGA.SY2019-20

the sum for which the order is granted above  the application for attachment the
ALL LEGAL COUNTERCLAIMS. APPLICANT'S AFFIDAVIT AND BOND, and
 the ORDER AND WRIT OF ATTACHMENT, on
The affidavit and the bond required by the next the defendant within the Philippines.
succeeding section, must be duly filed with the court
before the order issues. The requirement of prior or contemporaneous
service of summons SHALL NOT APPLY where the
SECTION 4. CONDITION OF APPLICANT'S BOND. summons could not be served personally or by
The party applying for the order must thereafter substituted service despite diligent efforts, or the
GIVE A BOND EXECUTED TO THE ADVERSE PARTY in defendant is a resident of the Philippines temporarily
the amount fixed by the court in its order granting absent therefrom, or the defendant is a non-resident
the issuance of the writ, conditioned that the latter of the Philippines, or the action is one
 will PAY ALL THE COSTS which may be in rem or quasi in rem.
adjudged to the adverse party and
 ALL DAMAGES which he may sustain by SECTION 6. SHERIFF'S RETURN.
reason of the attachment, if the court shall After enforcing the writ, the sheriff must likewise
finally adjudge that the applicant was not without delay MAKE A RETURN thereon to the court
entitled thereto. from which the writ issued,
 with a FULL STATEMENT OF HIS
SECTION 5. MANNER OF ATTACHING PROPERTY. PROCEEDINGS under the writ and
The SHERIFF ENFORCING THE WRIT shall  a COMPLETE INVENTORY of the property
 without delay and with all reasonable attached, together with any counter-bond
diligence ATTACH, given by the party against whom attachment
 to AWAIT JUDGMENT AND EXECUTION in the is issued, and serve copies thereof on the
action, only so much of the property in the applicant.
Philippines of the party against whom the
writ is issued, not exempt from execution, as SECTION 7. ATTACHMENT OF REAL AND
may be sufficient to satisfy the applicant's PERSONAL PROPERTY; RECORDING THEREOF.
demand, Real and personal property shall be attached by the
sheriff executing the writ in the following manner:
unless the former REAL PROPERTY, OR  by FILING with the
 MAKES A DEPOSIT with the court from which GROWING CROPS registry of deeds A
the writ is issued, or THEREON, OR ANY COPY OF THE ORDER,
 GIVES A COUNTER-BOND executed to the INTEREST THEREIN, together with a
applicant, in an amount equal to the bond standing upon the record description of the
fixed by the court in the order of attachment of the registry of deeds property attached, and
or to the value of the property to be of the province in the a notice that it is
attached, exclusive of costs. name of the party attached, or that such
against whom real property and any
No levy on attachment pursuant to the writ issued attachment is issued, or interest therein held by
under section 2 hereof shall be enforced unless it is not appearing at all upon or standing in the
PRECEDED, OR CONTEMPORANEOUSLY such records, or name of such other
ACCOMPANIED, belonging to the party person are attached,
 by SERVICE OF SUMMONS, together with a against whom and
copy of the complaint, attachment is issued and  by LEAVING A COPY OF

held by any other SUCH ORDER, FOR THE
person, or standing on DESCRIPTION, AND IDENTIFICATION of the
the records of the NOTICE with the land or interest to be
registry of deeds in the occupant of the affected shall be
name of any other property, if any, or with included in the
person, such other person or registration of such
his agent if found attachment;
within the province.
 Where the PROPERTY PERSONAL PROPERTY by TAKING AND SAFELY
HAS BEEN BROUGHT CAPABLE OF MANUAL KEEPING IT IN HIS
UNDER THE DELIVERY, CUSTODY, after issuing
OPERATION OF EITHER the corresponding
THE LAND receipt therefor.
REGISTRATION ACT OR STOCKS OR SHARES, OR BY LEAVING with the
THE PROPERTY AN INTEREST IN STOCKS president or managing
REGISTRATION OR SHARES, OF ANY agent thereof, a COPY OF
DECREE, the notice CORPORATION OR THE WRIT, AND A
shall contain a COMPANY, NOTICE stating that the
reference to the stock or interest of the
number of the party against whom the
certificate of title, the attachment is issued is
volume and page in the attached in pursuance of
registration book such writ;
where the certificate is
registered, and the DEBTS AND CREDITS, by LEAVING with the
registered owner or INCLUDING BANK person owing such debts,
owners thereof. DEPOSITS, FINANCIAL or having in his
INTEREST, ROYALTIES, possession or under his
The REGISTRAR OF COMMISSIONS AND control, such credits or
DEEDS must index OTHER PERSONAL other personal property,
attachments filed under PROPERTY NOT CAPABLE or with his agent, a COPY
this section in the names OF MANUAL DELIVERY, OF THE WRIT, AND
of the applicant, the NOTICE that the debts
adverse party, or the owing by him to the
person by whom the party against whom
property is held or in attachment is issued, and
whose name it stands in the credits and other
the records. personal property in his
possession, or under his
If the ATTACHMENT IS control, belonging to said
NOT CLAIMED ON THE party, are attached in
ENTIRE AREA OF THE pursuance of such writ;
LAND covered by the
certificate of title, a The interest of the party BY SERVING the executor
DESCRIPTION against whom or administrator or other
SUFFICIENTLY ACCURATE attachment is issued in personal representative

property BELONGING TO of the decedent WITH A SECTION 9. EFFECT OF ATTACHMENT OF
THE ESTATE OF THE COPY OF THE WRIT AND INTERESTS IN PROPERTY BELONGING TO THE
DECEDENT, whether as NOTICE THAT SAID ESTATE OF A DECEDENT.
heir, legatee, or devisee, INTEREST IS ATTACHED.
The attachment of the interest of an heir, legatee, or
devisee in the property belonging to the estate of a
A copy of said writ of
decedent SHALL NOT IMPAIR THE POWERS OF the
attachment and of said
executor, administrator, or other personal
notice shall also be filed
representative of the decedent over such property
in the office of the clerk
for the PURPOSE OF ADMINISTRATION.
of the court in which said
estate is being settled
Such personal representative, however, shall report
and served upon the
the attachment to the court when any petition for
heir, legatee or devisee
distribution is filed, and in the order made upon such
concerned.
petition, distribution may be awarded to such heir,
legatee or devisee, but the PROPERTY ATTACHED
If the property sought to be attached is IN CUSTODIA SHALL BE ORDERED DELIVERED TO THE SHERIFF
LEGIS, a COPY OF THE WRIT OF ATTACHMENT SHALL MAKING THE LEVY, subject to the claim of such heir,
BE FILED WITH THE PROPER COURT OR QUASI- legatee, or devisee, or any person claiming under
JUDICIAL AGENCY, AND NOTICE of the attachment him.
served upon the custodian of such property.
SECTION 10. EXAMINATION OF PARTY WHOSE
PROPERTY IS ATTACHED AND PERSONS
INDEBTED TO HIM OR CONTROLLING HIS
SECTION 8. EFFECT OF ATTACHMENT OF
PROPERTY; DELIVERY OF PROPERTY TO
DEBTS, CREDITS AND ALL OTHER SIMILAR
SHERIFF.
PERSONAL PROPERTY.
Any person owing debts to the party whose property
All persons having in their POSSESSION OR UNDER
is attached or having in his possession or under his
THEIR CONTROL ANY CREDITS OR OTHER SIMILAR
control any credit or other personal property
PERSONAL PROPERTY belonging to the party against
belonging to such party, may be REQUIRED
whom attachment is issued, or owing any debts to
 to ATTEND BEFORE THE COURT in which the
him, at the time of service upon them of the copy of
action is pending, or before a commissioner
the writ of attachment and notice as provided in the
appointed by the court, and
last preceding section, shall be LIABLE TO THE
 be EXAMINED ON OATH respecting the same.
APPLICANT FOR THE AMOUNT OF SUCH CREDITS,
DEBTS OR OTHER SIMILAR PERSONAL PROPERTY,
The party whose property is attached may also be
until the attachment is discharged, or any judgment
required to attend for the purpose of giving
recovered by him is satisfied, unless
information respecting his property, and may be
 such PROPERTY IS DELIVERED OR
examined on oath.
TRANSFERRED, or
 such DEBTS ARE PAID, to the clerk, sheriff, or
The court may, after such examination, ORDER
other proper officer of the court issuing the
PERSONAL PROPERTY CAPABLE OF MANUAL
attachment.
DELIVERY belonging to him, in the possession of the
person so required to attend before the court, to be
DELIVERED TO THE CLERK OF THE COURT OR
SHERIFF on such terms as may be just, having

reference to any lien thereon or claim against the A NOTICE OF THE DEPOSIT shall forthwith be served
same, to await the judgment in the action. on the attaching party. Upon the discharge of an
attachment in accordance with the provisions of this
SECTION 11. WHEN ATTACHED PROPERTY MAY section, the property attached, or the proceeds of
BE SOLD AFTER LEVY ON ATTACHMENT AND any sale thereof, shall be delivered
BEFORE ENTRY OF JUDGMENT.  to the PARTY MAKING THE DEPOSIT OR
Whenever it shall be made to appear to the court in GIVING THE COUNTER-BOND, or
which the action is pending, upon hearing with  to the PERSON APPEARING ON HIS BEHALF,
notice to both parties, the deposit or counter-bond aforesaid
 that the PROPERTY ATTACHED IS standing in place of the property so released.
PERISHABLE, or Should such counter-bond for any reason be
 that the INTERESTS OF ALL THE PARTIES to found to be or become insufficient, and the
the action will be SUBSERVED BY THE SALE party furnishing the same fail to file an
thereof, additional counter-bond, the attaching party
 the COURT MAY ORDER SUCH PROPERTY TO may apply for a new order of attachment.
BE SOLD AT PUBLIC AUCTION in such manner
as it may direct, and the proceeds of such SECTION 13. DISCHARGE OF ATTACHMENT ON
sale to be deposited in court to abide the OTHER GROUNDS.
judgment in the action. The party whose property has been ordered
attached MAY FILE A MOTION with the court in
SECTION 12. DISCHARGE OF ATTACHMENT which he action is pending, before or after levy or
UPON GIVING COUNTER-BOND. even after the release of the attached property, FOR
After a WRIT OF ATTACHMENT HAS BEEN AN ORDER TO SET ASIDE OR DISCHARGE THE
ENFORCED, the party whose property has been ATTACHMENT ON THE GROUND
attached, or the person appearing on his behalf, may  that the same was IMPROPERLY OR
MOVE FOR THE DISCHARGE OF THE ATTACHMENT IRREGULARLY ISSUED OR ENFORCED, or
wholly or in part on the security given.  that the BOND IS INSUFFICIENT.
 If the ATTACHMENT IS EXCESSIVE, the
The court shall, after due notice and hearing, order discharge shall be limited to the excess.
the discharge of the attachment
 if the MOVANT MAKES A CASH DEPOSIT, or If the motion be made on affidavits on the part of
 FILES A COUNTER-BOND executed to the the movant but not otherwise, the attaching party
attaching party with the clerk of the court may oppose the motion by counter-affidavits or
where the application is made, in an amount other evidence in addition to that on which the
equal to that fixed by the court in the order attachment was made.
of attachment, exclusive of costs.
After due notice and hearing, the court shall order
But if the attachment is sought to be discharged with the setting aside or the corresponding discharge of
respect to a particular property, the COUNTER-BOND the attachment if it appears that it was improperly or
SHALL BE EQUAL TO THE VALUE OF THAT PROPERTY irregularly issued or enforced, or that the bond is
as determined by the court. In either case, the cash insufficient, or that the attachment is excessive, and
deposit or the COUNTER-BOND SHALL SECURE THE the defect is not cured forthwith.
PAYMENT OF ANY JUDGMENT that the attaching
party may recover in the action. SECTION 14. PROCEEDINGS WHERE PROPERTY
CLAIMED BY THIRD PERSON.

If the PROPERTY ATTACHED IS CLAIMED BY ANY
PERSON other than the party against whom SECTION 15. SATISFACTION OF JUDGMENT OUT
attachment had been issued or his agent, and such OF PROPERTY ATTACHED, RETURN OF SHERIFF.
person If judgment be recovered by the attaching party and
 MAKES AN AFFIDAVIT OF HIS TITLE thereto, execution issue thereon, the sheriff may cause the
or right to the possession thereof, judgment to be satisfied out of the property
 STATING THE GROUNDS of such right or title, attached, if it be sufficient for that purpose in the
and serves such affidavit upon the sheriff following manner:
while the latter has possession of the a. By PAYING to the judgment obligee the
attached property, and PROCEEDS OF ALL SALES of perishable or other
 a COPY THEREOF UPON THE ATTACHING property sold in pursuance of the order of the
PARTY, court, or so much as shall be necessary to
satisfy the judgment;
the sheriff shall not be bound to keep the b. If any BALANCE REMAINS DUE, bY SELLING SO
property under attachment, unless the attaching MUCH OF THE PROPERTY, real or personal, as
party or his agent, on demand of the sheriff, shall may be necessary to satisfy the balance, if
file a bond approved by the court to indemnify enough for that purpose remain in the sheriff's
the third-party claimant in a sum not less than hands, or in those the clerk of the court;
the value of the property levied upon. In case of c. By COLLECTING FROM ALL PERSONS HAVING
disagreement as to such value, the same shall be IN THEIR POSSESSION CREDITS belonging to
decided by the court issuing the writ of the judgment obligor, or owing debts to the
attachment. No claim for damages for the taking latter at the time of the attachment of such
or keeping of the property may be enforced credits or debts, the amount of such credits
against the bond unless the action therefor is and debts as determined by the court in the
filed within one hundred twenty (120) days from action, and stated in the judgment, and paying
the date of the filing of the bond. the proceeds of such collection over to the
judgment obligee.
The sheriff shall not be liable for damages for the
taking or keeping of such property to any such third- The sheriff shall forthwith make a return in writing to
party claimant, if such bond shall be filed. Nothing the court of his proceedings under this section and
herein contained shall prevent such claimant or any furnish the parties with copies thereof.
third person from vindicating his claim to the
property, or prevent the attaching party from SECTION 16. BALANCE DUE COLLECTED UPON
claiming damages against a third-party claimant who AN EXECUTION; EXCESS DELIVERED TO
filed a frivolous or plainly spurious claim, in the same JUDGMENT OBLIGOR.
or a separate action.
If after realizing upon all the property attached,
including the proceeds of any debts or credits
When the writ of attachment is issued in favor of the
collected, and applying the proceeds to the
Republic of the Philippines, or any officer duly
satisfaction of the judgment less the expenses of
representing it, the filing of such bond shall not be
proceedings upon the judgment any balance shall
required, and in case the sheriff is sued for damages
remain due, the sheriff must proceed to collect such
as a result of the attachment, he shall be
balance as upon ordinary execution. Whenever the
represented by the Solicitor General, and if held
judgment shall have been paid, the sheriff, upon
liable therefor, the actual damages adjudged by the
reasonable demand, MUST RETURN TO THE
court shall be paid by the National Treasurer out of
JUDGMENT OBLIGOR THE ATTACHED PROPERTY
the funds to be appropriated for the purpose. (14a)
REMAINING IN HIS HANDS, AND ANY PROCEEDS OF

THE SALE OF THE PROPERTY ATTACHED NOT An APPLICATION FOR DAMAGES on account of
APPLIED TO THE JUDGMENT. improper, irregular or excessive attachment must be
FILED BEFORE THE TRIAL OR BEFORE APPEAL IS
SECTION 17. RECOVERY UPON THE COUNTER- PERFECTED OR BEFORE THE JUDGMENT BECOMES
BOND. EXECUTORY, with DUE NOTICE to the attaching party
When the judgment has become executory, the and his surety or sureties setting forth the facts
SURETY OR SURETIES ON ANY COUNTER-BOND showing his right to damages and the amount
GIVEN pursuant to the provisions of this Rule to thereof. Such damages may be AWARDED ONLY
secure the payment of the judgment SHALL BECOME AFTER PROPER HEARING and shall be included in
CHARGED ON SUCH COUNTER-BOND AND BOUND the judgment on the main case.
TO PAY THE JUDGMENT OBLIGEE UPON DEMAND
THE AMOUNT DUE under the judgment, which If the JUDGMENT OF THE APPELLATE COURT BE
amount may be recovered from such surety or FAVORABLE TO THE PARTY AGAINST WHOM THE
sureties after notice and summary hearing in the ATTACHMENT was issued he must claim damages
same action. sustained during the pendency of the appeal
 by FILING AN APPLICATION in the appellate
SECTION 18. DISPOSITION OF MONEY court,
DEPOSITED.  WITH NOTICE to the party in whose favor the
attachment was issued or his surety or
Where the party against whom attachment had been
sureties,
issued has DEPOSITED MONEY INSTEAD OF GIVING
 BEFORE THE JUDGMENT of the appellate
COUNTER-BOND, it shall be applied under the
court BECOMES EXECUTORY.
direction of the court to the satisfaction of any
judgment rendered in favor of the attaching party,
The appellate court may allow the application to be
and after satisfying the judgment the balance shall
heard and decided by the trial court.
be refunded to the depositor or his assignee.
Nothing herein contained shall prevent the party
If the judgment is in favor of the party against whom
against whom the attachment was issued from
attachment was issued, the WHOLE SUM DEPOSITED
recovering in the same action the damages awarded
MUST BE REFUNDED TO HIM OR HIS ASSIGNEE.
to him from any property of the attaching party not
exempt from execution
SECTION 19. DISPOSITION OF ATTACHED
 should the BOND OR DEPOSIT GIVEN by the
PROPERTY WHERE JUDGMENT IS FOR PARTY latter be INSUFFICIENT or
AGAINST WHOM ATTACHMENT WAS ISSUED.  FAIL TO FULLY SATISFY THE AWARD.
If judgment be rendered against the attaching party,
ALL THE PROCEEDS OF SALES AND MONEY
COLLECTED OR RECEIVED BY THE SHERIFF, under the
order of attachment, and ALL PROPERTY ATTACHED
REMAINING IN ANY SUCH OFFICER'S HANDS, shall
RULE 58
be delivered to the party against whom attachment
was issued, and the order of attachment discharged. PRELIMINARY INJUNCTION
SECTION 20. CLAIM FOR DAMAGES ON SECTION 1. PRELIMINARY INJUNCTION

ACCOUNT OF IMPROPER, IRREGULAR OR DEFINED; CLASSES.
EXCESSIVE ATTACHMENT. A preliminary injunction is an order GRANTED AT
ANY STAGE OF AN ACTION OR PROCEEDING PRIOR

TO THE JUDGMENT OR FINAL ORDER, requiring a A PRELIMINARY INJUNCTION OR TEMPORARY
party or a court, agency or a person RESTRAINING ORDER may be granted only when:
 to REFRAIN FROM A PARTICULAR ACT OR
ACTS. a. The application in the action or proceeding is
 It may also require the PERFORMANCE OF A verified, and SHOWS FACTS ENTITLING THE
PARTICULAR ACT OR ACTS, in which case it APPLICANT TO THE RELIEF DEMANDED; and
shall be known as a PRELIMINARY
MANDATORY INJUNCTION. b. Unless exempted by the court the applicant
files with the court where the action or
SECTION 2. WHO MAY GRANT PRELIMINARY proceeding is pending, A BOND EXECUTED
INJUNCTION. TO THE PARTY OR PERSON ENJOINED, in an
A preliminary injunction may be GRANTED BY THE amount to be fixed by the court, to the effect
COURT WHERE THE ACTION OR PROCEEDING IS that the applicant will pay to such party or
PENDING. If the action or proceeding is pending in person all damages which he may sustain by
the COURT OF APPEALS OR IN THE SUPREME reason of the injunction or temporary
COURT, it may be issued by said court or any restraining order if the court should finally
member thereof. decide that the applicant was not entitled
thereto. Upon approval of the requisite bond,
SECTION 3. GROUNDS FOR ISSUANCE OF a writ of preliminary injunction shall be
issued.
PRELIMINARY INJUNCTION.
A preliminary injunction may be granted when it is c. When an application for a writ of preliminary
established:
injunction or a temporary restraining order is
a. That the APPLICANT IS ENTITLED TO THE RELIEF included in a complaint or any initiatory
DEMANDED, and the whole or part of such relief
pleading, the case, if filed in a multiple-sala
consists in restraining the commission or court, shall be raffled only after notice to and
continuance of the act or acts complained of, or
in the presence of the adverse party or the
in requiring the performance of an act or acts person to be enjoined.
either for a limited period or perpetually;
b. That the COMMISSION, CONTINUANCE OR NON-
PERFORMANCE OF THE ACT OR ACTS In any event, such notice shall be PRECEDED,
complained of during the litigation would or contemporaneously accompanied, by
PROBABLY WORK INJUSTICE TO THE APPLICANT; SERVICE OF SUMMONS, together with a copy
or of the complaint or initiatory pleading and
c. That a party, court, agency or a person is doing, the applicant's affidavit and bond, upon the
threatening, or is attempting to do, or is adverse party in the Philippines.
procuring or suffering to be done SOME ACT OR
ACTS PROBABLY IN VIOLATION OF THE RIGHTS However, where the summons COULD NOT
OF THE APPLICANT respecting the subject of the BE SERVED PERSONALLY OR BY
action or proceeding, and tending to render the SUBSTITUTED SERVICE despite diligent
judgment ineffectual. efforts, or the adverse party is a resident of
the Philippines TEMPORARILY ABSENT
SECTION 4. VERIFIED APPLICATION AND BOND therefrom or is a nonresident thereof, THE
FOR PRELIMINARY INJUNCTION OR REQUIREMENT OF PRIOR OR
TEMPORARY RESTRAINING ORDER. CONTEMPORANEOUS SERVICE OF
SUMMONS SHALL NOT APPLY.

ISSUE EX PARTE A TEMPORARY
d. The APPLICATION FOR A TEMPORARY RESTRAINING ORDER EFFECTIVE FOR ONLY
RESTRAINING ORDER SHALL THEREAFTER BE SEVENTY-TWO (72) HOURS FROM ISSUANCE
ACTED UPON ONLY AFTER ALL PARTIES ARE but he shall immediately comply with the
HEARD IN A SUMMARY HEARING which shall provisions of the next preceding section as to
be conducted within twenty-four (24) hours service of summons and the documents to be
after the sheriff's return of service and/or the served therewith.
records are received by the branch selected
by raffle and to which the records shall be Thereafter, within the aforesaid seventy-two
transmitted immediately. (72) hours, the judge before whom the case is
pending shall CONDUCT A SUMMARY
SECTION 5. PRELIMINARY INJUNCTION NOT HEARING to determine whether the
GRANTED WITHOUT NOTICE; EXCEPTION. temporary restraining order shall be
NO PRELIMINARY INJUNCTION SHALL BE GRANTED EXTENDED UNTIL THE APPLICATION FOR
without hearing and prior notice to the party or PRELIMINARY INJUNCTION CAN BE HEARD.
person sought to be enjoined.
IN NO CASE shall the total period of
If it shall appear from facts shown by affidavits or by effectivity of the temporary restraining order
the verified application EXCEED TWENTY (20) DAYS, including the
 that GREAT OR IRREPARABLE INJURY WOULD original seventy-two hours provided herein.
RESULT TO THE APPLICANT before the matter
can be heard on notice, the court to which In the event that the APPLICATION FOR
the application for preliminary injunction was PRELIMINARY INJUNCTION IS DENIED OR NOT
made, MAY ISSUE A TEMPORARY RESOLVED within the said period, the temporary
RESTRAINING ORDER TO BE EFFECTIVE ONLY restraining order is deemed, automatically vacated.
FOR A PERIOD OF TWENTY (20) DAYS FROM
SERVICE on the party or person sought to be The effectivity of a temporary restraining order is not
enjoined, except as herein provided. extendible without need of any judicial declaration
to that effect and no court shall have authority to
Within the said twenty-day period, the court must extend or renew the same on the same ground for
which it was issued.
 order said party or person to SHOW CAUSE,
at a specified time and place, why the
However, if ISSUED BY THE COURT OF APPEALS or a
injunction should not be granted,
member thereof, the temporary restraining order
 determine within the same period WHETHER
shall be EFFECTIVE FOR SIXTY (60) DAYS FROM
OR NOT THE PRELIMINARY INJUNCTION
SERVICE on the party or person sought to be
SHALL BE GRANTED, and accordingly issue
enjoined.
the corresponding order. (Bar Matter No.
803, 17 February 1998)
A restraining, order issued by the SUPREME COURT
or a member thereof shall be EFFECTIVE UNTIL
However, and subject to the provisions of the
FURTHER ORDERS.
preceding sections,
 if the MATTER IS OF EXTREME URGENCY and
SECTION 6. GROUNDS FOR OBJECTION TO, OR
 the APPLICANT WILL SUFFER GRAVE
INJUSTICE AND IRREPARABLE INJURY, the FOR MOTION OF DISSOLUTION OF, INJUNCTION
executive judge of a multiple-sala court or OR RESTRAINING ORDER.
the presiding judge of a single sala court may

The APPLICATION FOR INJUNCTION OR If the BOND OF THE ADVERSE PARTY IS FOUND TO
RESTRAINING ORDER MAY BE DENIED, upon a BE INSUFFICIENT IN AMOUNT, or the surety or
SHOWING OF ITS INSUFFICIENCY. sureties thereon fail to justify a bond sufficient in
amount with sufficient sureties approved after
The injunction or restraining order may also be justification is not filed forthwith, THE INJUNCTION
denied, or, if granted, may be dissolved, on other SHALL BE GRANTED OR RESTORED, AS THE CASE
grounds MAY BE.
 UPON AFFIDAVITS of the party or person SECTION 8. JUDGMENT TO INCLUDE DAMAGES

enjoined, which may be opposed by the AGAINST PARTY AND SURETIES.
applicant also by affidavits. At the trial, the AMOUNT OF DAMAGES TO BE
 It may further be denied, or if granted, may AWARDED TO EITHER PARTY, upon the bond of the
be dissolved, if it appears after hearing that adverse party, shall be CLAIMED, ASCERTAINED,
although the applicant is entitled to the AND AWARDED under the same procedure
injunction or restraining order, THE ISSUANCE prescribed in section 20 of Rule 57.
OR CONTINUANCE THEREOF, as the case may
be, would CAUSE IRREPARABLE DAMAGE TO SECTION 9. WHEN FINAL INJUNCTION
THE PARTY OR PERSON ENJOINED while the GRANTED.
applicant can be fully compensated for such
If after the trial of the action it appears that the
damages as he may suffer, and
APPLICANT IS ENTITLED TO HAVE THE ACT OR ACTS
 the FORMER FILES A BOND in an amount
COMPLAINED OF PERMANENTLY ENJOINED the
fixed by the court conditioned that he will
court shall GRANT A FINAL INJUNCTION
pay all damages which the applicant may
PERPETUALLY RESTRAINING THE PARTY OR PERSON
suffer by the denial or the dissolution of the
ENJOINED from the commission or continuance of
injunction or restraining order.
the act or acts of confirming the preliminary
mandatory injunction.
If it appears that the extent of the preliminary
injunction or restraining order granted is too great, it
may be modified.
SECTION 7. SERVICE OF COPIES OF

BONDS; EFFECT OF DISAPPROVAL OF SAME.
The party filing a bond in accordance with the
provisions of this Rule shall forthwith SERVE A COPY
OF SUCH BOND ON THE OTHER PARTY, who may
except to the sufficiency of the bond, or of the surety
or sureties thereon.
RULE 59
If the APPLICANT'S BOND IS FOUND TO BE
RECEIVERSHIP
INSUFFICIENT in amount, or if the surety or sureties
thereon fail to justify, and a bond sufficient in
amount with sufficient sureties approved after SECTION 1. APPOINTMENT OF RECEIVER.
justification is not filed forthwith the INJUNCTION Upon a verified application, ONE OR MORE
SHALL BE DISSOLVED. RECEIVERS OF THE PROPERTY SUBJECT OF THE
ACTION OR PROCEEDING MAY BE APPOINTED by
the court where the action is pending or by the

Court of Appeals or by the Supreme Court, or a During the pendency of an appeal, the appellate
member thereof, in the following cases: court may allow an application for the appointment
of a receiver to be FILED IN AND DECIDED BY THE
a. When it appears from the verified application, COURT OF ORIGIN AND THE RECEIVER APPOINTED
and such other proof as the court may require, TO BE SUBJECT TO THE CONTROL OF SAID COURT.
that the PARTY APPLYING FOR THE
APPOINTMENT OF A RECEIVER HAS AN SECTION 2. BOND ON APPOINTMENT OF
INTEREST IN THE PROPERTY OR FUND WHICH IS RECEIVER.
THE SUBJECT OF THE ACTION OR PROCEEDING, Before issuing the order appointing a receiver the
and that such property or fund is in danger of court shall require the APPLICANT TO FILE A BOND
being lost, removed, or materially injured unless EXECUTED TO THE PARTY AGAINST WHOM THE
a receiver be appointed to administer and APPLICATION IS PRESENTED, in an amount to be
preserve it; fixed by the court, to the effect that the applicant
will pay such party all damages he may sustain by
b. When it appears in an action by the mortgagee reason of the appointment of such receiver in case
for the foreclosure of a mortgage that the applicant shall have procured such appointment
without sufficient cause; and the court may, in its
 the PROPERTY IS IN DANGER OF BEING discretion, at any time after the appointment,
WASTED OR DISSIPATED OR MATERIALLY require an additional bond as further security for
INJURED, and such damages.
 that its value is PROBABLY INSUFFICIENT
TO DISCHARGE THE MORTGAGE DEBT, or SECTION 3. DENIAL OF APPLICATION OR
that the parties have so stipulated in the DISCHARGE OF RECEIVER.
contract of mortgage; The APPLICATION MAY BE DENIED, OR THE
RECEIVER DISCHARGED, when the ADVERSE PARTY
FILES A BOND EXECUTED TO THE APPLICANT, in an
c. After judgment, amount to be fixed by the court, to the effect that
 to PRESERVE THE PROPERTY during the such party will pay the applicant all damages he may
pendency of an appeal, or suffer by reason of the acts, omissions, or other
 to DISPOSE OF IT according to the matters specified in the application as ground for
judgment, or such appointment.
 to AID EXECUTION when the execution
has been returned unsatisfied or the The receiver may also be discharged if it is shown
judgment obligor refuses to apply his that his APPOINTMENT WAS OBTAINED WITHOUT
property in satisfaction of the judgment, SUFFICIENT CAUSE.
or otherwise to carry the judgment into
effect; SECTION 4. OATH AND BOND OF RECEIVER.
Before entering upon his duties, the receiver shall be
d. Whenever in other cases it appears that the  SWORN TO PERFORM THEM FAITHFULLY,
APPOINTMENT OF A RECEIVER IS THE MOST and
CONVENIENT AND FEASIBLE MEANS of  SHALL FILE A BOND, executed to such person
preserving, administering, or disposing of the and in such sum as the court may direct, to
property in litigation. the effect that he will faithfully discharge his
duties in the action or proceeding and obey
the orders of the court.

 generally TO DO SUCH ACTS RESPECTING
SECTION 5. SERVICE OF COPIES OF THE PROPERTY AS THE COURT MAY
BONDS; EFFECT OF DISAPPROVAL OF SAME. AUTHORIZE.
The person filing a bond in accordance with the
provisions of this Rule shall forthwith SERVE A COPY However, funds in the hands of a receiver may be
THEREOF ON EACH INTERESTED PARTY, who may INVESTED ONLY BY ORDER OF THE COURT upon
except to its sufficiency or of the surety or sureties the written consent of all the parties to the
thereon. action.
If either the applicant's or the receiver's bond is No action may be filed by or against a receiver
found to be INSUFFICIENT IN AMOUNT, or if the without leave of the court which appointed him.
SURETY OR SURETIES THEREON FAIL TO JUSTIFY,
and a bond sufficient in amount with sufficient SECTION 7. LIABILITY FOR REFUSAL OR NEGLECT
sureties approved after justification is not filed TO DELIVER PROPERTY TO RECEIVER.
forthwith, THE APPLICATION SHALL BE DENIED OR A PERSON WHO REFUSES OR NEGLECTS, UPON
THE RECEIVER DISCHARGED, AS THE CASE MAY BE. REASONABLE DEMAND, TO DELIVER TO THE
RECEIVER all the property, money, books, deeds,
If the BOND of the adverse party is found to be notes, bills, documents and papers within his power
INSUFFICIENT IN AMOUNT OR THE SURETY OR or control, subject of or involved in the action or
SURETIES THEREON FAIL TO JUSTIFY, and a bond proceeding, or in case of disagreement, as
sufficient in amount with sufficient sureties approved determined and ordered by the court,
after justification is not filed forthwith, THE
RECEIVER SHALL BE APPOINTED OR RE-APPOINTED,  may BE PUNISHED FOR CONTEMPT and
AS THE CASE MAY BE.  shall be LIABLE TO THE RECEIVER FOR THE
MONEY OR THE VALUE OF THE PROPERTY
SECTION 6. GENERAL POWERS OF RECEIVER. and other things so refused or neglected to
Subject to the control of the court in which the be surrendered, together with all damages
action or proceeding is pending a receiver shall have that may have been sustained by the party or
parties entitled thereto as a consequence of
 the power to BRING AND DEFEND, in such such refusal or neglect.
capacity, ACTIONS IN HIS OWN NAME;
 to TAKE AND KEEP POSSESSION OF THE SECTION 8. TERMINATION OF RECEIVERSHIP;
PROPERTY in controversy; COMPENSATION OF RECEIVER.
 to RECEIVE RENTS; Whenever the COURT, MOTU PROPRIO OR ON
 to COLLECT DEBTS DUE to himself as receiver MOTION of either party, shall determine that the
or to the fund, property, estate, person, or necessity for a receiver no longer exists, it shall, after
corporation of which he is the receiver; due notice to all interested parties and hearing,
 to COMPOUND FOR AND COMPROMISE the
same; to make transfers; to pay outstanding  SETTLE THE ACCOUNTS of the receiver,
debts;
 to DIVIDE THE MONEY AND OTHER  DIRECT THE DELIVERY OF THE FUNDS AND
PROPERTY that shall remain among the OTHER PROPERTY in his possession to the
persons legally entitled to receive the same; person adjudged to be entitled to receive
and them and order the discharge of the receiver
from further duty as such.

The COURT SHALL ALLOW THE RECEIVER SUCH
REASONABLE COMPENSATION as the circumstances
of the case warrant, to be taxed as costs against the
defeated party, or apportioned, as justice requires.
SECTION 9. JUDGMENT TO INCLUDE RECOVERY

AGAINST SURETIES.
The amount, if any, to be awarded to any party upon
any bond filed in accordance with the provisions of
this Rule, shall be claimed, ascertained, and granted
under the same procedure prescribed in section 20
of Rule 57.
RULE 60
REPLEVIN
SECTION 1. APPLICATION.
A party praying for the RECOVERY OF POSSESSION
OF PERSONAL PROPERTY may, at the

commencement of the action or at any time before  REQUIRING THE SHERIFF forthwith to TAKE
answer, APPLY FOR AN ORDER FOR THE DELIVERY SUCH PROPERTY INTO HIS CUSTODY.
OF SUCH PROPERTY TO HIM, in the manner
hereinafter provided. SECTION 4. DUTY OF THE SHERIFF.
Upon receiving such order, the sheriff must
SECTION 2. AFFIDAVIT AND BOND.  SERVE A COPY thereof on the adverse party,
The applicant must show by his own affidavit or that together with a copy of the application,
of some other person who personally knows the affidavit and bond, and
facts:  must FORTHWITH TAKE THE PROPERTY, if it
be in the possession of the adverse party, or
a. That the APPLICANT IS THE OWNER OF THE his agent, and
PROPERTY CLAIMED, particularly describing it,  RETAIN IT IN HIS CUSTODY.
or is entitled to the possession thereof;
If the property or any part thereof be CONCEALED IN
b. That the PROPERTY IS WRONGFULLY A BUILDING OR ENCLOSURE, the sheriff must
DETAINED BY THE ADVERSE PARTY, alleging  DEMAND ITS DELIVERY, and if it be not
the cause of detention thereof according to the delivered,
best of his knowledge, information, and belief ;  he must CAUSE THE BUILDING OR
ENCLOSURE TO BE BROKEN OPEN and
c. That the PROPERTY HAS NOT BEEN  TAKE THE PROPERTY INTO HIS POSSESSION.
DISTRAINED OR TAKEN FOR A TAX
ASSESSMENT OR A FINE pursuant to law, or After the sheriff has take possession of the property
seized under a writ of execution or preliminary as herein provided,
attachment, or otherwise placed  he must KEEP IT IN A SECURE PLACE and
under custodia legis, or if so seized, that it is  shall be RESPONSIBLE FOR ITS DELIVERY to
exempt from such seizure or custody; and the party entitled thereto upon receiving his
fees and necessary expenses for taking and
d. The ACTUAL MARKET VALUE OF THE keeping the same.
PROPERTY.
SECTION 5. RETURN OF PROPERTY.
The APPLICANT MUST ALSO GIVE A BOND, executed
If the ADVERSE PARTY OBJECTS TO THE SUFFICIENCY
to the adverse party in double the value of the
OF THE APPLICANT'S BOND, or of the surety or
property as stated in the affidavit aforementioned,
sureties thereon, he CANNOT IMMEDIATELY
 for the RETURN OF THE PROPERTY to the REQUIRE THE RETURN OF THE PROPERTY,
adverse party if such return be adjudged, and
 for the PAYMENT TO THE ADVERSE PARTY of but if he DOES NOT SO OBJECT, he may, at any time
such sum as he may recover from the before the delivery of the property to the applicant,
applicant in the action. REQUIRE THE RETURN thereof, BY FILING with the
court where the action is pending a BOND
SECTION 3. ORDER. EXECUTED TO THE APPLICANT, in double the value
Upon the filing of such affidavit and approval of the of the property as stated in the applicant's affidavit
bond, the court shall  for the DELIVERY THEREOF TO THE
 issue an ORDER and the corresponding WRIT APPLICANT, if such delivery be adjudged, and
OF REPLEVIN,
 DESCRIBING THE PERSONAL PROPERTY
alleged to be wrongfully detained and

 FOR THE PAYMENT OF SUCH SUM, to him as damages for the taking or keeping, of the property
may be recovered against the adverse party, may be enforced against the bond unless the action
and therefor is filed within one hundred twenty (120)
 by SERVING A COPY OF SUCH BOND ON THE days from the date of the filing of the bond.
APPLICANT.
The sheriff shall not be liable for damages, for the
SECTION 6. DISPOSITION OF PROPERTY BY taking or keeping of such property, to any such third-
SHERIFF. party claimant if such bond shall be filed. Nothing
If WITHIN FIVE (5) DAYS AFTER THE TAKING OF THE herein contained shall prevent such claimant or any
PROPERTY BY THE SHERIFF, third person from vindicating his claim to the
 the ADVERSE PARTY DOES NOT OBJECT TO property, or prevent the applicant from claiming
THE SUFFICIENCY of the bond, or of the damages against a third-party claimant who filed a
surety or sureties thereon; or frivolous or plainly spurious claim, in the same or a
 if the adverse party so objects and the separate action.
COURT AFFIRMS ITS APPROVAL of the
applicant's bond or approves a new bond, or When the writ of replevin is issued in favor of the
 if the ADVERSE PARTY REQUIRES THE Republic of the Philippines, or any officer duly
RETURN OF THE PROPERTY BUT HIS BOND IS representing it, the filing of such bond shall not be
OBJECTED TO AND FOUND INSUFFICIENT required, and in case the sheriff is sued for damages
and he does not forthwith file an approved as a result of the replevin, he shall be represented by
bond, THE PROPERTY SHALL BE DELIVERED the Solicitor General, and if held liable therefor, the
TO THE APPLICANT. actual damages adjudged by the court shall be paid
by the National Treasurer out of the funds to be
If for any reason the property is not delivered to the appropriated for the purpose.
applicant, the sheriff must return it to the adverse
party. SECTION 8. RETURN OF PAPERS.
The SHERIFF MUST FILE THE ORDER, with his
SECTION 7. PROCEEDINGS WHERE PROPERTY proceedings indorsed, thereon, with the court
CLAIMED BY THIRD PERSON. WITHIN TEN (10) DAYS AFTER TAKING THE
PROPERTY mentioned therein.
If the PROPERTY TAKEN IS CLAIMED BY ANY PERSON
other than the party against whom the writ of
replevin had been issued or his agent, and such
SECTION 9. JUDGMENT.
person makes an affidavit of his title thereto, or right After trial of the issues the court shall
to the possession thereof, stating the grounds  DETERMINE WHO HAS THE RIGHT OF
therefor, and serves such affidavit upon the sheriff POSSESSION to and the value of the property
while the latter has possession of the property and a and
copy thereof upon the applicant, the sheriff shall not  shall RENDER JUDGMENT IN THE
be bound to keep the property under replevin or ALTERNATIVE FOR THE DELIVERY thereof to
deliver it to the applicant unless the applicant or his the party entitled to the same, or FOR ITS
agent, on demand of said sheriff, shall file a bond VALUE in case delivery cannot be made, and
approved by the court to indemnify the third-party also for such DAMAGES as either party may
claimant in a sum not less than the value of the prove, with costs.
property under replevin as provided in section 2
hereof. In case of disagreement as to such value, the SECTION 10. JUDGMENT TO INCLUDE RECOVERY
court shall determine the same. No claim for AGAINST SURETIES.

The amount, if any, to be awarded to any party upon  DETERMINE PROVISIONALLY THE PERTINENT
any bond filed in accordance with the provisions of FACTS, and
this Rule, shall be claimed, ascertained, and granted  shall RENDER SUCH ORDERS AS JUSTICE AND
under the same procedure as prescribed in section EQUITY MAY REQUIRE, having the regard to
20 of Rule 57. the probable outcome of the case and such
other circumstances as may aid in the proper
resolution of the question involved.
RULE 61
SUPPORT PENDENTE LITE If the APPLICATION IS GRANTED, the court shall FIX
THE AMOUNT OF MONEY TO BE PROVISIONALLY
PAID OR SUCH OTHER FORMS OF SUPPORT as
SECTION 1. APPLICATION. should be provided, taking into account the
AT THE COMMENCEMENT of the proper action or necessities of the applicant and the resources or
proceeding, or at ANY TIME PRIOR TO THE means of the adverse party, and the terms of
JUDGMENT OR FINAL ORDER, a verified application payment or mode for providing the support. If the
for support pendente lite may be application is denied, the principal case shall be tried
and decided as early as possible.
 FILED BY ANY PARTY
 STATING THE GROUNDS for the claim and the SECTION 5. ENFORCEMENT OF ORDER.
financial conditions of both parties, and
If the ADVERSE PARTY FAILS TO COMPLY WITH AN
 ACCOMPANIED BY AFFIDAVITS, ORDER GRANTING SUPPORT PENDENTE LITE, the
DEPOSITIONS OR OTHER AUTHENTIC court shall, motu proprio or upon motion; ISSUE AN
DOCUMENTS in support thereof. ORDER OF EXECUTION AGAINST HIM, without
prejudice to his LIABILITY FOR CONTEMPT.
SECTION 2. COMMENT.
A copy of the application and all supporting When the person ordered to give support pendente
documents shall be SERVED UPON THE ADVERSE lite REFUSES OR FAILS TO DO SO, any third person
PARTY, WHO SHALL HAVE FIVE (5) DAYS to comment who furnished that support to the applicant may,
thereon unless a different period is fixed by the court after due notice and hearing in the same case
upon his motion. OBTAIN A WRIT OF EXECUTION TO ENFORCE HIS
RIGHT of reimbursement against the person ordered
The COMMENT SHALL BE VERIFIED and shall be to provide such support.
ACCOMPANIED BY AFFIDAVITS, DEPOSITIONS OR
OTHER AUTHENTIC DOCUMENTS in support thereof. SECTION 6. SUPPORT IN CRIMINAL CASES.
In criminal actions where the civil liability includes
SECTION 3. HEARING. SUPPORT FOR THE OFFSPRING as a consequence of
After the comment is filed, or after the expiration of the crime and the civil aspect thereof has NOT BEEN
the period for its filing, the application shall BE SET WAIVED, RESERVED AND INSTITUTED PRIOR TO ITS
FOR HEARING NOT MORE THAN THREE (3) DAYS FILING, the accused may be ORDERED TO PROVIDE
THEREAFTER. The facts in issue shall be proved in the SUPPORT PENDENTE LITE TO THE CHILD born to the
same manner as is provided for evidence on offended party allegedly because of the crime.
motions.
The application therefor may be FILED SUCCESSIVELY
SECTION 4. ORDER. by the
The court shall  OFFENDED PARTY,
 HER PARENTS,

 GRANDPARENTS OR
 GUARDIAN AND
 THE STATE in the corresponding criminal case
during its pendency, in accordance with the
procedure established under this Rule.
SECTION 7. RESTITUTION.
When the judgment or final order of the court finds
that the person who has been providing
support pendente lite is NOT LIABLE THEREFOR, it
shall order the recipient thereof
 to RETURN TO THE FORMER THE AMOUNTS
ALREADY PAID WITH LEGAL INTEREST from
the dates of actual payment,
 without prejudice to the RIGHT OF THE
RECIPIENT TO OBTAIN REIMBURSEMENT in a
separate action from the person legally
obliged to give the support.
 Should the recipient fail to reimburse said
amounts, the person who provided the same
may likewise seek reimbursement thereof in
a SEPARATE ACTION FROM THE PERSON
LEGALLY OBLIGED TO GIVE SUCH SUPPORT.
SPECIAL CIVIL ACTIONS

RULE 62
INTERPLEADER
SECTION 1. WHEN INTERPLEADER PROPER.

 Whenever CONFLICTING CLAIMS UPON THE copy thereof upon each of the other conflicting
SAME SUBJECT MATTER are or may be made claimants who may file their reply thereto as
against a person who claims no interest provided by these Rules.
whatever in the subject matter, or
 an INTEREST WHICH IN WHOLE OR IN PART If any CLAIMANT FAILS TO PLEAD within the time
IS NOT DISPUTED BY THE CLAIMANTS, he herein fixed, the court may, on motion,
may bring an action against the conflicting  DECLARE HIM IN DEFAULT and
claimants to COMPEL THEM TO INTERPLEAD  thereafter RENDER JUDGMENT BARRING
AND LITIGATE THEIR SEVERAL CLAIMS HIM FROM ANY CLAIM in respect to the
AMONG THEMSELVES. subject matter.
SECTION 2. ORDER. The parties in an interpleader action MAY FILE

Upon the filing of the complaint, the court shall issue COUNTERCLAIMS, CROSS-CLAIMS, THIRD-PARTY
an order requiring the CONFLICTING CLAIMANTS TO COMPLAINTS AND RESPONSIVE PLEADINGS thereto,
INTERPLEAD WITH ONE ANOTHER. as provided by these Rules.
If the interests of justice so require, the court may SECTION 6. DETERMINATION.

DIRECT IN SUCH ORDER THAT THE SUBJECT MATTER After the pleadings of the conflicting claimants have
BE PAID OR DELIVERED TO THE COURT. been filed, and pre-trial has been conducted in
accordance with the Rules, the court shall proceed to
SECTION 3. SUMMONS. DETERMINE THEIR RESPECTIVE RIGHTS AND
SUMMONS SHALL BE SERVED UPON THE ADJUDICATE THEIR SEVERAL CLAIMS.
CONFLICTING CLAIMANTS, together with a copy of
the complaint and order. SECTION 7. DOCKET AND OTHER LAWFUL
FEES, COSTS AND LITIGATION EXPENSES AS
SECTION 4. MOTION TO DISMISS. LIENS.
WITHIN THE TIME FOR FILING AN ANSWER, each The DOCKET AND OTHER LAWFUL FEES PAID by the
claimant may file A MOTION TO DISMISS on the party who filed a complaint under this Rule, as well
ground of as the COSTS AND LITIGATION EXPENSES, shall
CONSTITUTE A LIEN OR CHANGE UPON THE
 IMPROPRIETY OF THE INTERPLEADER SUBJECT MATTER OF THE ACTION, unless the court
ACTION or shall order otherwise.
 on OTHER APPROPRIATE GROUNDS specified
in Rule 16.
The PERIOD TO FILE THE ANSWER SHALL BE TOLLED

and if the motion is denied, the movant may file his
answer within the remaining period, but which shall
not be less than five (5) days in any event, reckoned RULE 63
from notice of denial. DECLARATORY RELIEF AND
SIMILAR REMEDIES
SECTION 5. ANSWER AND OTHER PLEADINGS.
EACH CLAIMANT SHALL FILE HIS ANSWER setting
forth his claim WITHIN FIFTEEN (15) DAYS FROM
SECTION 1. WHO MAY FILE PETITION.
SERVICE OF THE SUMMONS UPON HIM, serving a

 Any PERSON INTERESTED under a DEED, GOVERNMENTAL UNIT INVOLVED shall be similarly
WILL, CONTRACT OR OTHER WRITTEN notified and entitled to be heard. If such ordinance is
INSTRUMENT, or alleged to be unconstitutional, the Solicitor General
 whose RIGHTS ARE AFFECTED BY A STATUTE, shall also be notified and entitled to be heard.
EXECUTIVE ORDER OR REGULATION,
ORDINANCE, OR ANY OTHER
GOVERNMENTAL REGULATION SECTION 5. COURT ACTION DISCRETIONARY.
Except in actions falling under the second paragraph
may, before breach or violation thereof BRING AN of section 1 of this Rule, the court, motu proprio or
ACTION IN THE APPROPRIATE REGIONAL TRIAL upon motion, may REFUSE TO EXERCISE THE POWER
COURT
 TO DECLARE RIGHTS and
 to DETERMINE ANY QUESTION of  to CONSTRUE INSTRUMENTS in any case
construction or validity arising, and where a decision would not terminate the
 for a DECLARATION OF HIS RIGHTS OR uncertainty or controversy which gave rise to
DUTIES, thereunder. (Bar Matter No. 803, 17 the action, or
February 1998)  in any case where the declaration or
CONSTRUCTION IS NOT NECESSARY AND
 An action for the REFORMATION OF AN PROPER under the circumstances.
INSTRUMENT,
 to QUIET TITLE to real property or SECTION 6. CONVERSION INTO ORDINARY
 REMOVE CLOUDS therefrom, or ACTION.
 to CONSOLIDATE OWNERSHIP under Article If BEFORE THE FINAL TERMINATION OF THE CASE, a
1607 of the Civil Code, may be brought under breach or violation of an instrument or a statute,
this Rule. executive order or regulation, ordinance, or any
other governmental regulation should take place, the
SECTION 2. PARTIES. action may thereupon be
ALL PERSONS WHO HAVE OR CLAIM ANY INTEREST  CONVERTED INTO AN ORDINARY ACTION,
WHICH WOULD BE AFFECTED BY THE DECLARATION and
shall be made parties; and no declaration shall,  the parties shall be allowed to FILE SUCH
except as otherwise provided in these Rules, PLEADINGS AS MAY BE NECESSARY OR
prejudice the rights of persons not parties to the PROPER.
action.
SECTION 3. NOTICE ON SOLICITOR GENERAL.

In any action which involves the validity of a statute,
executive order or regulation, or any other
governmental regulation, the SOLICITOR GENERAL
SHALL BE NOTIFIED by the party assailing the same RULE 64
and shall be entitled to be heard upon such question. REVIEW OF JUDGMENTS AND FINAL
ORDERS OR RESOLUTIONS OF THE
SECTION 4. LOCAL GOVERNMENT ORDINANCES. COMMISSION ON ELECTIONS AND
In any action involving the validity of a local THE COMMISSION ON AUDIT
government ordinance, the corresponding
PROSECUTOR OR ATTORNEY OF THE LOCAL SECTION 1. SCOPE.

This Rule shall govern the REVIEW OF JUDGMENTS  The petition shall STATE THE FACTS with
AND FINAL ORDERS OR RESOLUTIONS OF THE certainty, present clearly the issues involved,
COMMISSION ON ELECTIONS AND THE  SET FORTH THE GROUNDS AND BRIEF
COMMISSION ON AUDIT. ARGUMENTS relied upon for review, and
 PRAY FOR JUDGMENT annulling or modifying
SECTION 2. MODE OF REVIEW. the questioned judgment, final order or
A judgment or final order or resolution of the resolution. Findings of fact of the Commission
Commission on Elections and the Commission on supported by substantial evidence shall be
Audit MAY BE BROUGHT BY THE AGGRIEVED PARTY final and non-reviewable.
TO THE SUPREME COURT ON CERTIORARI UNDER
RULE 65, except as hereinafter provided. (n; Bar The petition shall be ACCOMPANIED BY A CLEARLY
Matter No. 803, 17 February 1998) LEGIBLE DUPLICATE ORIGINAL OR CERTIFIED TRUE
COPY OF THE JUDGMENT, FINAL ORDER OR
SECTION 3. TIME TO FILE PETITION. RESOLUTION SUBJECT thereof, together with
The PETITION SHALL BE FILED WITHIN THIRTY (30) certified true copies of such material portions of the
DAYS FROM NOTICE OF THE JUDGMENT OR FINAL record as are referred to therein and other
ORDER OR RESOLUTION SOUGHT TO BE REVIEWED. documents relevant and pertinent thereto. The
requisite number of copies of the petition shall
The FILING OF A MOTION FOR NEW TRIAL OR contain plain copies of all documents attached to the
RECONSIDERATION of said judgment or final order original copy of said petition.
or resolution, if allowed under the procedural rules
of the Commission concerned, shall INTERRUPT THE The petition SHALL STATE THE SPECIFIC MATERIAL
PERIOD herein fixed. DATES showing that it was filed within the period
fixed herein, and shall contain a sworn certification
If the MOTION IS DENIED, the aggrieved party may against forum shopping as provided in the third
FILE THE PETITION WITHIN THE REMAINING paragraph of section 3, Rule 46.
PERIOD, but which shall NOT BE LESS THAN FIVE (5)
DAYS in any event, reckoned from notice of denial. The petition shall further be ACCOMPANIED BY
PROOF OF SERVICE OF A COPY THEREOF ON THE
SECTION 4. DOCKET AND OTHER LAWFUL FEES. COMMISSION CONCERNED AND ON THE ADVERSE
PARTY, AND OF THE TIMELY PAYMENT OF DOCKET
Upon the filing of the petition, the petitioner shall
AND OTHER LAWFUL FEES.
pay TO THE CLERK OF COURT THE DOCKET AND
OTHER LAWFUL FEES AND DEPOSIT THE AMOUNT
The FAILURE OF PETITIONER TO COMPLY with any of
OF P500.00 FOR COSTS.
the foregoing requirements shall be SUFFICIENT
GROUND FOR THE DISMISSAL OF THE PETITION.
SECTION 5. FORM AND CONTENTS OF PETITION.
The PETITION SHALL BE VERIFIED and filed in SECTION 6. ORDER TO COMMENT.
eighteen (18) legible copies. The petition shall
If the Supreme Court finds the petition sufficient in
 NAME THE AGGRIEVED PARTY as petitioner
form and substance, it shall ORDER THE
and
RESPONDENTS TO FILE THEIR COMMENTS ON THE
 shall JOIN AS RESPONDENTS THE
PETITION WITHIN TEN (10) DAYS FROM NOTICE
COMMISSION CONCERNED AND THE
thereof;
PERSON OR PERSONS INTERESTED in
sustaining the judgment, final order or
resolution a quo.

otherwise, the COURT MAY DISMISS THE PETITION
OUTRIGHT. The Court may also dismiss the petition
if it was
 FILED MANIFESTLY FOR DELAY or
 the QUESTIONS RAISED ARE TOO
UNSUBSTANTIAL to warrant further
proceedings.
SECTION 7. COMMENTS OF RESPONDENTS.

The comments of the respondents shall be filed in
eighteen (18) legible copies. The original shall be
ACCOMPANIED BY CERTIFIED TRUE COPIES OF SUCH
MATERIAL PORTIONS OF THE RECORD as are
referred to therein together with other supporting
papers.
The requisite number of copies of the comments

shall CONTAIN PLAIN COPIES OF ALL DOCUMENTS
ATTACHED TO THE ORIGINAL AND A COPY THEREOF
SHALL BE SERVED ON THE PETITIONER.
NO OTHER PLEADING MAY BE FILED BY ANY PARTY

UNLESS REQUIRED OR ALLOWED BY THE COURT.
SECTION 8. EFFECT OF FILING.

The FILING OF A PETITION FOR CERTIORARI SHALL
NOT STAY THE EXECUTION of the judgment or final
order or resolution sought to be reviewed, unless the
Supreme Court shall direct otherwise upon such
terms as it may deem just.
SECTION 9. SUBMISSION FOR DECISION.

Unless the Court sets the case for oral argument, or
RULE 65
requires the parties to submit memoranda, the case CERTIORARI, PROHIBITION
shall be DEEMED SUBMITTED FOR DECISION AND MANDAMUS
 upon the FILING OF THE COMMENTS on the
petition, or of such other pleadings or papers SECTION 1. PETITION FOR CERTIORARI.
as may be required or allowed, or When any tribunal, board or officer exercising
 the EXPIRATION OF THE PERIOD TO DO SO. judicial or quasi-judicial functions has
 ACTED WITHOUT OR IN EXCESS ITS OR HIS
JURISDICTION, OR WITH GRAVE ABUSE OF

DISCRETION amounting to lack or excess of SECTION 3. PETITION FOR MANDAMUS.
jurisdiction, and When any tribunal, corporation, board, officer or
 there is NO APPEAL, OR ANY PLAIN, SPEEDY, person sunlawfully neglects the performance of an
AND ADEQUATE REMEDY in the ordinary act which the law specifically enjoins as a duty
course of law, resulting from an office, trust, or station, or
unlawfully excludes another from the use and
a person aggrieved thereby may FILE A VERIFIED enjoyment of a right or office to which such other is
PETITION IN THE PROPER COURT, alleging the facts entitled, and there is no other plain, speedy and
with certainty and praying that judgment be adequate remedy in the ordinary course of law, the
rendered annulling or modifying the proceedings of person aggrieved thereby MAY FILE A VERIFIED
such tribunal, board or officer, and granting such PETITION in the proper court, alleging the facts with
incidental reliefs as law and justice may require. certainty and praying that judgment be rendered
COMMANDING THE RESPONDENT, immediately or
The petition shall be ACCOMPANIED BY at some other time to be specified by the court,
 A CERTIFIED TRUE COPY OF THE JUDGMENT,  to DO THE ACT REQUIRED TO BE DONE to
ORDER OR RESOLUTION SUBJECT thereof, protect the rights of the petitioner, and
 copies of all PLEADINGS AND DOCUMENTS  to PAY THE DAMAGES SUSTAINED by the
relevant and pertinent thereto, and petitioner by reason of the wrongful acts of
 a SWORN CERTIFICATION OF NON-FORUM the respondent.
SHOPPING as provided in the third paragraph
of section 3, Rule 46. The petition shall also contain a sworn certification
of non-forum shopping as provided in the third
SECTION 2. PETITION FOR PROHIBITION. paragraph of section 3, Rule 46.
When the proceedings of any tribunal, corporation,
board, officer or person, whether exercising judicial, SECTION 4. WHEN AND WHERE PETITION FILED.
quasi-judicial or ministerial functions, are without or The PETITION SHALL BE FILED NOT LATER THAN
in excess of its or his jurisdiction, or with grave abuse SIXTY (60) DAYS FROM NOTICE OF THE JUDGMENT,
of discretion amounting to lack or excess of ORDER OR RESOLUTION. In case a motion for
jurisdiction, and there is no appeal or any other reconsideration or new trial is timely filed, whether
plain, speedy, and adequate remedy in the ordinary such motion is required or not, the sixty (60) day
course of law, a person aggrieved thereby MAY FILE period shall be counted FROM NOTICE OF THE
A VERIFIED PETITION in the proper court, alleging DENIAL OF SAID MOTION.
the facts with certainty and praying that judgment
be rendered commanding the respondent to DESIST The petition shall be
FROM FURTHER PROCEEDINGS IN THE ACTION OR  FILED IN THE SUPREME COURT or,
MATTER SPECIFIED THEREIN, OR OTHERWISE  if it relates to the acts or omissions of a lower
GRANTING SUCH INCIDENTAL RELIEFS AS LAW AND court or of a corporation, board, officer or
JUSTICE MAY REQUIRE. person, in the REGIONAL TRIAL COURT
exercising jurisdiction over the territorial area
The petition shall likewise be accompanied by a as defined by the Supreme Court.
certified true copy of the judgment, order or  It may also be FILED IN THE COURT OF
resolution subject thereof, copies of all pleadings APPEALS whether or not the same is in aid of
and documents relevant and pertinent thereto, and a its appellate jurisdiction, or in the
sworn certification of non-forum shopping as Sandiganbayan if it is in aid of its appellate
provided in the third paragraph of section 3, Rule 46. jurisdiction.

 If it involves the acts or omissions of a quasi- shall NOT APPEAR OR PARTICIPATE IN THE
judicial agency, unless otherwise provided by PROCEEDINGS THEREIN.
law or these Rules, the petition shall be FILED
IN AND COGNIZABLE ONLY BY THE COURT OF SECTION 6. ORDER TO COMMENT.
APPEALS. If the petition is sufficient in form and substance to
justify such process, the court shall issue an order
NO EXTENSION OF TIME TO FILE THE PETITION shall requiring the respondent or respondents to
be granted except for compelling reason and in no COMMENT ON THE PETITION WITHIN TEN (10)
case exceeding fifteen (15) days. (4a) (Bar Matter No. DAYS FROM RECEIPT OF A COPY THEREOF.
803, 21 July 1998; A.M. No. 00-2-03-SC)
Such order shall be SERVED ON THE RESPONDENTS
SECTION 5. RESPONDENTS AND COSTS IN in such manner as the court may direct together with
CERTAIN CASES. a copy of the petition and any annexes thereto.
When the PETITION FILED RELATES TO THE ACTS OR
OMISSIONS OF A JUDGE, COURT, QUASI-JUDICIAL In petitions for certiorari before the Supreme Court
AGENCY, TRIBUNAL, CORPORATION, BOARD, and the Court of Appeals, the provisions of section 2,
OFFICER OR PERSON, Rule 56, shall be observed.
 the PETITIONER SHALL JOIN, as private
respondent or respondents with such PUBLIC Before giving due course thereto, the court may
RESPONDENT OR RESPONDENTS, THE REQUIRE THE RESPONDENTS TO FILE THEIR
PERSON OR PERSONS INTERESTED IN COMMENT TO, AND NOT A MOTION TO DISMISS,
SUSTAINING THE PROCEEDINGS IN THE the petition. Thereafter, the court may require the
COURT; and filing of a reply and such other responsive or other
pleadings as it may deem necessary and proper.
it shall be the duty of such private respondents to
appear and defend, both in his or their own behalf SECTION 7. EXPEDITING PROCEEDINGS;
and in behalf of the public respondent or INJUNCTIVE RELIEF.
respondents affected by the proceedings, and the The court in which the petition is filed
costs awarded in such proceedings in favor of the  may ISSUE ORDERS EXPEDITING THE
petitioner shall be AGAINST THE PRIVATE PROCEEDINGS, and
RESPONDENTS ONLY, AND NOT AGAINST THE  it may also GRANT A TEMPORARY
JUDGE, COURT, QUASI-JUDICIAL AGENCY, RESTRAINING ORDER OR A WRIT OF
TRIBUNAL, CORPORATION, BOARD, OFFICER OR PRELIMINARY INJUNCTION for the
PERSON IMPLEADED AS PUBLIC RESPONDENT OR preservation of the rights of the parties
RESPONDENTS. pending such proceedings.
Unless otherwise specifically directed by the court The PETITION SHALL NOT INTERRUPT THE COURSE
where the petition is pending, THE PUBLIC OF THE PRINCIPAL case unless a temporary
RESPONDENTS SHALL NOT APPEAR IN OR FILE AN restraining order or a writ of preliminary injunction
ANSWER OR COMMENT TO THE PETITION OR ANY has been issued against the public respondent from
PLEADING THEREIN. further proceeding in the case.
If the case is elevated to a higher court by either SECTION 8. PROCEEDINGS AFTER COMMENT IS
party, the PUBLIC RESPONDENTS shall be included FILED.
therein as NOMINAL PARTIES. However, unless
otherwise specifically directed by the court, they

After the comment or other pleadings required by
the court are filed, or the time for the filing thereof
has expired, the court may
 HEAR THE CASE OR
 REQUIRE THE PARTIES TO SUBMIT
MEMORANDA.
If after such hearing or submission of memoranda or

the expiration of the period for the filing thereof the
court finds that the allegations of the petition are
true, it shall RENDER JUDGMENT FOR THE RELIEF
PRAYED FOR OR TO WHICH THE PETITIONER IS
ENTITLED.
The court, however, may DISMISS THE PETITION if it

finds the same to be
 PATENTLY WITHOUT MERIT,
 PROSECUTED MANIFESTLY FOR DELAY, or
 that the QUESTIONS RAISED therein are too
UNSUBSTANTIAL TO REQUIRE
CONSIDERATION.
SECTION 9. SERVICE AND ENFORCEMENT OF

ORDER OR JUDGMENT.
A CERTIFIED COPY OF THE JUDGMENT rendered in
accordance with the last preceding section shall be
served upon the court, quasi-judicial agency,
tribunal, corporation, board, officer or person
concerned in such manner as the court may direct,
and DISOBEDIENCE THERETO SHALL BE PUNISHED
AS CONTEMPT.
An execution may issue for any damages or costs

awarded in accordance with section 1 of Rule 39.
RULE 66
QUO WARRANTO
SECTION 1. ACTION BY GOVERNMENT AGAINST

INDIVIDUALS.
An ACTION FOR THE USURPATION OF A PUBLIC
OFFICE, POSITION OR FRANCHISE may be
commenced by a verified petition brought in the
name of the Republic of the Philippines against:

Upon application for permission to commence such
a. A person who USURPS, INTRUDES INTO, OR action in accordance with the next preceding
UNLAWFULLY HOLDS OR EXERCISES a public section, the court shall DIRECT THAT NOTICE BE
office, position or franchise; GIVEN TO THE RESPONDENT so that he may be
heard in opposition thereto;
b. A public officer who DOES OR SUFFERS AN
ACT which, by the provision of law, and if permission is granted, the court shall issue an
constitutes a GROUND FOR THE FORFEITURE order to that effect,
of his office; or  copies of which shall be SERVED ON ALL
INTERESTED PARTIES, and
c. An association which acts as a corporation  the petition shall then be FILED WITHIN THE
within the Philippines WITHOUT BEING PERIOD ORDERED BY THE COURT.
LEGALLY INCORPORATED OR WITHOUT
LAWFUL AUTHORITY SO TO ACT. SECTION 5. WHEN AN INDIVIDUAL MAY
COMMENCE SUCH AN ACTION.
SECTION 2. WHEN SOLICITOR GENERAL OR A person claiming to be entitled to a public office or
PUBLIC PROSECUTOR MUST COMMENCE position usurped or unlawfully held or exercised by
ACTION. another may BRING AN ACTION THEREFOR IN HIS
The SOLICITOR GENERAL OR A PUBLIC OWN NAME.
PROSECUTOR, when directed by the President of the
Philippines, or when upon complaint or otherwise he SECTION 6. PARTIES AND CONTENTS OF
has good reason to believe that any case specified in PETITION AGAINST USURPATION.
the preceding section can be established by proof, When the action is against a person for usurping a
MUST COMMENCE SUCH ACTION. public office, position or franchise, the petition shall
 set forth the NAME OF THE PERSON WHO
SECTION 3. WHEN SOLICITOR GENERAL OR CLAIM TO BE ENTITLED THERETO, if any,
PUBLIC PROSECUTOR MAY COMMENCE ACTION  with an AVERMENT OF HIS RIGHT TO THE
WITH PERMISSION OF COURT. SAME and
The Solicitor General or a public prosecutor may,  that the RESPONDENT IS UNLAWFULLY IN
with the permission of the court in which the action POSSESSION THEREOF.
is to be commenced, BRING SUCH AN ACTION AT
THE REQUEST AND UPON THE RELATION OF All persons who claim to be entitled to the public
ANOTHER PERSON; office, position or franchise may be made parties,
and their respective rights to such public office,
but in such case the officer bringing it may first position or franchise determined, in the same action.
require an INDEMNITY FOR THE EXPENSES AND
COSTS OF THE ACTION in an amount approved by SECTION 7. VENUE.
and to be deposited in the court by the person at An action under the preceding six sections can be
whose request and upon whose relation the same is BROUGHT ONLY IN THE SUPREME COURT, THE
brought. COURT OF APPEALS, OR IN THE REGIONAL TRIAL
COURT EXERCISING JURISDICTION OVER THE
SECTION 4. WHEN HEARING HAD ON TERRITORIAL AREA where the respondent or any of
APPLICATION FOR PERMISSION TO COMMENCE the respondents resides,
ACTION.

but when the Solicitor General commences the appertaining to the office to which the
action, it may be brought in a REGIONAL TRIAL judgment relates.
COURT IN THE CITY OF MANILA, IN THE COURT OF
APPEALS, OR IN THE SUPREME COURT. If the RESPONDENT REFUSES OR NEGLECTS TO
DELIVER any book or paper pursuant to such
SECTION 8. PERIOD FOR PLEADINGS AND demand, he may be PUNISHED FOR CONTEMPT as
PROCEEDINGS MAY BE REDUCED; ACTION having disobeyed a lawful order of the court. The
GIVEN PRECEDENCE. person adjudged entitled to the office may also bring
The court may reduce the period provided by these action against the respondent to RECOVER THE
Rules for filing pleadings and for all other DAMAGES SUSTAINED by such person by reason of
proceedings in the action in order to secure the most the usurpation.
expeditious determination of the matters involved
therein consistent with the rights of the parties. SECTION 11. LIMITATIONS.
Nothing contained in this Rule shall be construed to
SUCH ACTION MAY BE GIVEN PRECEDENCE OVER authorize an action against a public officer or
ANY OTHER CIVIL MATTER PENDING IN THE COURT. employee for his ouster from office unless the same
be COMMENCED WITHIN ONE (1) YEAR AFTER THE
SECTION 9. JUDGMENT WHERE USURPATION CAUSE OF SUCH OUSTER, or the right of the
FOUND. petitioner to hold such office or position, arose, nor
to authorize an action for damages in accordance
When the RESPONDENT IS FOUND GUILTY of
with the provisions of the next preceding section
usurping into, intruding into, or unlawfully holding or
unless the same be COMMENCED WITHIN ONE (1)
exercising a public office, position or franchise,
YEAR AFTER THE ENTRY OF THE JUDGMENT
judgment shall be rendered
establishing the petitioner's right to the office in
 that SUCH RESPONDENT BE OUSTED and
question.
altogether excluded therefrom, and
 that the PETITIONER OR RELATOR, as the
case may be, RECOVER HIS COSTS.
SECTION 12. JUDGMENT FOR COSTS.
In an action brought in accordance with the
Such further judgment may be rendered provisions of this Rule, the COURT MAY RENDER
DETERMINING THE RESPECTIVE RIGHTS in and to JUDGMENT FOR COSTS against either the petitioner,
the public office, position or franchise of all the the relator, or the respondent, or the person or
parties to the action as justice requires. persons claiming to be a corporation, or may
apportion the costs, as justice requires.
SECTION 10. RIGHTS OF PERSONS ADJUDGED RULE 67
ENTITLED TO PUBLIC OFFICE; DELIVERY OF EXPROPRIATION
BOOKS AND PAPERS; DAMAGES.
If judgment be rendered in favor of the person SECTION 1. THE COMPLAINT.
averred in the complaint to be entitled to the public The right of eminent domain shall be exercised by
office he may, after taking the oath of office and the FILING OF A VERIFIED COMPLAINT which shall
executing any official bond required by law,  state with certainty the RIGHT AND PURPOSE
 take upon himself the EXECUTION OF THE OF EXPROPRIATION,
OFFICE, and  DESCRIBE THE REAL OR PERSONAL
 may immediately thereafter DEMAND OF PROPERTY sought to be expropriated, and
THE RESPONDENT all the books and papers in  join as DEFENDANTS ALL PERSONS OWNING
the respondent's custody or control or claiming to own, or occupying, any part

thereof or interest therein, showing, so far as AND SERVE A NOTICE OF APPEARANCE AND A
practicable, the separate interest of each MANIFESTATION TO THAT EFFECT, specifically
defendant. designating or identifying the property in which he
claims to be interested, within the time stated in the
If the title to any property sought to be expropriated summons. Thereafter, he shall be entitled to notice
APPEARS TO BE IN THE REPUBLIC OF THE of all proceedings affecting the same.
PHILIPPINES, although occupied by private
individuals, or if the TITLE IS OTHERWISE OBSCURE If a DEFENDANT HAS ANY OBJECTION to the filing of
OR DOUBTFUL so that the plaintiff cannot with or the allegations in the complaint, or any objection
accuracy or certainty specify who are the real or defense to the taking of his property, he shall
owners, AVERMENT TO THAT EFFECT SHALL BE SERVE HIS ANSWER WITHIN THE TIME STATED IN
MADE IN THE COMPLAINT. THE SUMMONS. The answer shall specifically
 DESIGNATE OR IDENTIFY THE PROPERTY in
SECTION 2. ENTRY OF PLAINTIFF UPON which he claims to have an interest,
DEPOSITING VALUE WITH AUTHORIZED  state the NATURE AND EXTENT OF THE
GOVERNMENT DEPOSITARY. INTEREST claimed, and
Upon the filing of the complaint or at any time  ADDUCE ALL HIS OBJECTIONS AND
thereafter and after due notice to the defendant, the DEFENSES to the taking of his property.
plaintiff shall have the RIGHT TO TAKE OR ENTER
UPON THE POSSESSION OF THE REAL PROPERTY NO COUNTERCLAIM, CROSS-CLAIM OR THIRD-
INVOLVED IF HE DEPOSITS WITH THE AUTHORIZED PARTY COMPLAINT SHALL BE ALLEGED OR
GOVERNMENT DEPOSITARY AN AMOUNT ALLOWED IN THE ANSWER OR ANY SUBSEQUENT
EQUIVALENT TO THE ASSESSED VALUE OF THE PLEADING.
PROPERTY for purposes of taxation to be held by
such bank subject to the orders of the court. A defendant waives all defenses and objections not
so alleged but the court, in the interest of justice,
Such deposit shall be in money, unless in lieu thereof MAY PERMIT AMENDMENTS TO THE ANSWER TO BE
the court authorizes the deposit of a certificate of MADE NOT LATER THAN TEN (10) DAYS FROM THE
deposit of a government bank of the Republic of the FILING THEREOF.
Philippines payable on demand to the authorized
government depositary. However, at the trial of the issue of just
compensation whether or not a defendant has
If PERSONAL PROPERTY IS INVOLVED, its VALUE previously appeared or answered, he may present
SHALL BE PROVISIONALLY ASCERTAINED and the evidence as to the amount of the compensation to
amount to be deposited shall be promptly fixed by be paid for his property, and he may share in the
the court. distribution of the award.
After such deposit is made the court shall order the SECTION 4. ORDER OF EXPROPRIATION.
sheriff or other proper officer to forthwith PLACE  If the OBJECTIONS TO AND THE DEFENSES
THE PLAINTIFF IN POSSESSION OF THE PROPERTY against the right of the plaintiff to expropriate
INVOLVED and promptly submit a report thereof to the property are OVERRULED, or
the court with service of copies to the parties.  when NO PARTY APPEARS TO DEFEND as
required by this Rule,
SECTION 3. DEFENSES AND OBJECTIONS.
If a DEFENDANT HAS NO OBJECTION OR DEFENSE to the court MAY ISSUE AN ORDER OF EXPROPRIATION
the action or the taking of his property, he may FILE

 DECLARING THAT THE PLAINTIFF HAS A Before entering upon the performance of their
LAWFUL RIGHT to take the property sought duties, the commissioners shall take and subscribe
to be expropriated, for the public use or an oath that they will faithfully perform their duties
purpose described in the complaint, as commissioners, which oath shall be filed in court
 UPON THE PAYMENT OF JUST with the other proceedings in the case.
COMPENSATION to be determined as of the
date of the taking of the property or the filing Evidence may be introduced by either party before
of the complaint, whichever came first. the commissioners who are authorized to administer
oaths on hearings before them, and the
A final order sustaining the right to expropriate the commissioners shall, unless the parties consent to
property MAY BE APPEALED by any party aggrieved the contrary, after due notice to the parties,
thereby. Such appeal, however, shall NOT PREVENT  to ATTEND, VIEW AND EXAMINE THE
THE COURT FROM DETERMINING THE JUST PROPERTY sought to be expropriated and its
COMPENSATION TO BE PAID. surroundings, and
 MAY MEASURE THE SAME, after which either
After the rendition of such an order, the plaintiff shall party may, by himself or counsel, argue the
not be permitted to dismiss or discontinue the case.
proceeding except on such terms as the court deems  The commissioners shall ASSESS THE
just and equitable. CONSEQUENTIAL DAMAGES TO THE
PROPERTY not taken and deduct from such
SECTION 5. ASCERTAINMENT OF consequential damages the consequential
COMPENSATION. benefits to be derived by the owner from the
Upon the RENDITION OF THE ORDER OF public use or purpose of the property taken,
EXPROPRIATION, the court shall APPOINT NOT the operation of its franchise by the
MORE THAN THREE (3) COMPETENT AND corporation or the carrying on of the business
DISINTERESTED PERSONS AS COMMISSIONERS TO of the corporation or person taking the
ASCERTAIN AND REPORT TO THE COURT THE JUST property.
COMPENSATION for the property sought to be
taken. But in NO CASE shall the CONSEQUENTIAL BENEFITS
ASSESSED EXCEED THE CONSEQUENTIAL DAMAGES
The order of appointment shall designate the time ASSESSED, or the owner be deprived of the ACTUAL
and place of the first session of the hearing to be VALUE OF HIS PROPERTY SO TAKEN.
held by the commissioners and specify the time
within which their report shall be submitted to the SECTION 7. REPORT BY COMMISSIONERS AND
court. JUDGMENT THEREUPON.
The court may order the commissioners to report
Copies of the order shall be served on the parties. when any particular portion of the real estate shall
Objections to the appointment of any of the have been passed upon by them, and may render
commissioners shall be filed with the court WITHIN judgment upon such partial report, and direct the
TEN (10) DAYS FROM SERVICE, AND SHALL BE commissioners to proceed with their work as to
RESOLVED WITHIN THIRTY (30) DAYS after all the subsequent portions of the property sought to be
commissioners shall have received copies of the expropriated, and may from time to time so deal
objections. with such property.
SECTION 6. PROCEEDINGS BY COMMISSIONERS. The commissioners shall make a FULL AND

ACCURATE REPORT TO THE COURT OF ALL THEIR

PROCEEDINGS, and such proceedings shall not be any part thereof, the court may order any sum or
effectual until the court shall have accepted their sums awarded as compensation for the property to
report and rendered judgment in accordance with be paid to the court FOR THE BENEFIT OF THE
their recommendations. PERSON ADJUDGED IN THE SAME PROCEEDING TO
BE ENTITLED THERETO.
Except as otherwise expressly ordered by the court,
such report shall be FILED WITHIN SIXTY (60) DAYS But the judgment shall require the payment of the
FROM THE DATE THE COMMISSIONERS WERE sum or sums awarded to either the defendant or the
NOTIFIED OF THEIR APPOINTMENT, which time may court before the plaintiff can enter upon the
be extended in the discretion of the court. property, or retain it for the public use or purpose if
entry has already been made.
Upon the filing of such report, the clerk of the court
shall SERVE COPIES THEREOF ON ALL INTERESTED SECTION 10. RIGHTS OF PLAINTIFF AFTER
PARTIES, WITH NOTICE THAT THEY ARE ALLOWED JUDGMENT AND PAYMENT.
TEN (10) DAYS within which to file objections to the  Upon PAYMENT BY THE PLAINTIFF to the
findings of the report, if they so desire. defendant of the COMPENSATION FIXED by
the judgment, with legal interest thereon
SECTION 8. ACTION UPON from the TAKING OF THE POSSESSION OF
COMMISSIONERS' REPORT. THE PROPERTY, or
Upon the expiration of the period of ten (10) days  after TENDER TO HIM OF THE AMOUNT SO
referred to in the preceding section, or even before FIXED AND PAYMENT OF THE COSTS, the
the expiration of such period but after all the plaintiff shall have the RIGHT TO ENTER
INTERESTED PARTIES HAVE FILED THEIR UPON THE PROPERTY EXPROPRIATED AND
OBJECTIONS TO THE REPORT OR THEIR STATEMENT TO APPROPRIATE IT FOR THE PUBLIC USE OR
OF AGREEMENT therewith, the court may, after PURPOSE defined in the judgment, or to
hearing, retain it should he have taken immediate
 ACCEPT THE REPORT AND RENDER possession thereof under the provisions of
JUDGMENT in accordance therewith, or, section 2 hereof.
 for cause shown, it may RECOMMIT THE
SAME TO THE COMMISSIONERS for further If the DEFENDANT AND HIS COUNSEL ABSENT
report of facts, or THEMSELVES from the court, or DECLINE TO
 it may SET ASIDE THE REPORT AND APPOINT RECEIVE THE AMOUNT TENDERED, the same
NEW COMMISSIONERS; or shall be ORDERED TO BE DEPOSITED IN COURT
 it may ACCEPT THE REPORT IN PART AND and such deposit shall have the same effect as
REJECT IT IN PART and it may make such actual payment thereof to the defendant or the
order or render such judgment as shall secure person ultimately adjudged entitled thereto.
to the plaintiff the property essential to the
exercise of his right of expropriation, and to SECTION 11. ENTRY NOT DELAYED BY
the defendant just compensation for the APPEAL; EFFECT OF REVERSAL.
property so taken. The right of the plaintiff to enter upon the property
of the defendant and appropriate the same for
SECTION 9. UNCERTAIN OWNERSHIP; public use or purpose SHALL NOT BE DELAYED BY AN
CONFLICTING CLAIMS. APPEAL FROM THE JUDGMENT.
If the OWNERSHIP OF THE PROPERTY TAKEN IS
UNCERTAIN, or there are CONFLICTING CLAIMS to

But if the appellate court determines that PLAINTIFF  DO AND PERFORM ON BEHALF OF HIS
HAS NO RIGHT OF EXPROPRIATION, judgment shall WARD ANY ACT, MATTER, OR THING
be rendered ordering the Regional Trial Court to RESPECTING THE EXPROPRIATION for public
forthwith use or purpose of property belonging to such
 ENFORCE THE RESTORATION to the minor or person judicially declared to be
defendant of the possession of the property, incompetent,
and which such minor or person judicially declared to be
 to DETERMINE THE DAMAGES which the incompetent could do in such proceedings if he were
defendant sustained and may recover by of age or competent.
reason of the possession taken by the
plaintiff.
SECTION 12. COSTS, BY WHOM PAID.

The fees of the commissioners shall be taxed as a
part of the costs of the proceedings. ALL COSTS,
except those of rival claimants litigating their claims,
SHALL BE PAID BY THE PLAINTIFF, unless an appeal
is taken by the owner of the property and the
judgment is affirmed, in which event the costs of the
appeal shall be paid by the owner.
SECTION 13. RECORDING JUDGMENT, AND ITS

EFFECT.
The judgment entered in expropriation proceedings
shall state definitely, by an adequate description, the
 particular property or interest therein

expropriated, and
 the nature of the public use or purpose for
which it is expropriated. RULE 68
FORECLOSURE OF REAL
When REAL ESTATE IS EXPROPRIATED, a certified ESTATE MORTGAGE
copy of such judgment shall be RECORDED IN THE
REGISTRY OF DEEDS OF THE PLACE IN WHICH THE SECTION 1. COMPLAINT IN ACTION FOR
PROPERTY IS SITUATED, and its effect shall be to vest FORECLOSURE.
in the plaintiff the title to the real estate so described
In an action for the foreclosure of a mortgage or
for such public use or purpose.
other encumbrance upon real estate, the complaint
shall
SECTION 14. POWER OF GUARDIAN IN SUCH
 set forth the DATE AND DUE EXECUTION OF
PROCEEDINGS. THE MORTGAGE; ITS ASSIGNMENTS, if any;
The GUARDIAN OR GUARDIAN AD LITEM OF A  the names and residences of the
MINOR OR OF A PERSON JUDICIALLY DECLARED TO MORTGAGOR AND THE MORTGAGEE;
BE INCOMPETENT may, with the approval of the  a DESCRIPTION OF THE MORTGAGED
court first had, PROPERTY;

 a STATEMENT OF THE DATE OF THE NOTE OR confirmed by an order of the court, also upon
OTHER DOCUMENTARY EVIDENCE of the motion, it shall operate to divest the rights in the
obligation secured by the mortgage, the property of all the parties to the action and to vest
amount claimed to be unpaid thereon; and their rights in the purchaser, SUBJECT TO SUCH
 the NAMES AND RESIDENCES OF ALL RIGHTS OF REDEMPTION AS MAY BE ALLOWED BY
PERSONS HAVING OR CLAIMING AN LAW.
INTEREST in the property subordinate in right
to that of the holder of the mortgage, all of Upon the finality of the order of confirmation or
whom shall be made defendants in the upon the expiration of the period of redemption
action. when allowed by law, the purchaser at the auction
sale or last redemptioner, if any, shall be ENTITLED
SECTION 2. JUDGMENT ON FORECLOSURE FOR TO THE POSSESSION OF THE PROPERTY UNLESS A
PAYMENT OR SALE. THIRD PARTY IS ACTUALLY HOLDING THE SAME
If upon the trial in such action the court shall find the ADVERSELY TO THE JUDGMENT OBLIGOR.
facts set forth in the complaint to be true, it shall
 ASCERTAIN THE AMOUNT DUE TO THE The said purchaser or last redemptioner may secure
PLAINTIFF upon the mortgage debt or a writ of possession, upon motion, from the court
obligation, including interest and other which ordered the foreclosure.
charges as approved by the court, and costs,
and SECTION 4. DISPOSITION OF PROCEEDS OF
 SHALL RENDER JUDGMENT FOR THE SUM SO SALE.
FOUND DUE AND ORDER THAT THE SAME BE The AMOUNT REALIZED FROM THE FORECLOSURE
PAID to the court or to the judgment obligee SALE of the mortgaged property shall, after
within a period of NOT LESS THAN NINETY deducting the costs of the sale, bE PAID TO THE
(90) DAYS NOR MORE THAN ONE HUNDRED PERSON FORECLOSING THE MORTGAGE, and
TWENTY (120) DAYS FROM THE ENTRY OF
JUDGMENT, and that in default of such when THERE SHALL BE ANY BALANCE OR RESIDUE,
payment the property shall be SOLD AT after paying off the mortgage debt due, the same
PUBLIC AUCTION TO SATISFY THE shall be PAID TO JUNIOR ENCUMBRANCERS in the
JUDGMENT. order of their priority, to be ascertained by the court,
or if there be no such encumbrancers or
SECTION 3. SALE OF MORTGAGED
PROPERTY; EFFECT. there be a BALANCE OR RESIDUE AFTER PAYMENT
When the defendant, after being directed to do so as to them, then to the MORTGAGOR OR HIS DULY
provided in the next preceding section, FAILS TO PAY AUTHORIZED AGENT, OR TO THE PERSON ENTITLED
THE AMOUNT OF THE JUDGMENT WITHIN THE TO IT.
PERIOD SPECIFIED THEREIN, the court, upon motion,
shall ORDER THE PROPERTY TO BE SOLD in the SECTION 5. HOW SALE TO PROCEED IN CASE
manner and under the provisions of Rule 39 and THE DEBT IS NOT ALL DUE.
other regulations governing sales of real estate If the DEBT for which the mortgage or encumbrance
under execution. was held is NOT ALL DUE as provided in the
judgment as soon as a sufficient portion of the
Such sale shall NOT AFFECT THE RIGHTS OF property has been sold to PAY THE TOTAL AMOUNT
PERSONS HOLDING PRIOR ENCUMBRANCES UPON AND THE COSTS DUE, THE SALE SHALL TERMINATE;
THE PROPERTY OR A PART THEREOF, and when and afterwards as often as more becomes due for

principal or interest and other valid charges, the be registered with the registry of deeds, and a brief
court may, on motion, order more to be sold. memorandum thereof shall be made by the registrar
of deeds on said certificate of title.
But if the PROPERTY CANNOT BE SOLD IN PORTIONS
WITHOUT PREJUDICE TO THE PARTIES, the WHOLE If the PROPERTY IS NOT REDEEMED, the FINAL DEED
SHALL BE ORDERED TO BE SOLD in the first instance, OF SALE EXECUTED BY THE SHERIFF IN FAVOR OF
and the entire debt and costs shall be paid, if the THE PURCHASER AT THE FORECLOSURE SALE SHALL
proceeds of the sale be sufficient therefor, THERE BE REGISTERED WITH THE REGISTRY OF DEEDS;
BEING A REBATE OF INTEREST WHERE SUCH REBATE whereupon the certificate of title in the name of the
IS PROPER. mortgagor shall be cancelled and a new one issued
in the name of the purchaser.
SECTION 6. DEFICIENCY JUDGMENT.
If upon the sale of any real property as provided in SECTION 8. APPLICABILITY OF OTHER
the next preceding section there be a BALANCE DUE PROVISIONS.
TO THE PLAINTIFF AFTER APPLYING THE PROCEEDS The provisions of sections 31, 32 and 34 of Rule 39
OF THE SALE, the court, upon motion, shall render shall be APPLICABLE TO THE JUDICIAL
judgment against the defendant for any such balance FORECLOSURE OF REAL ESTATE MORTGAGES under
for which, by the record of the case, he may be this Rule insofar as the former are not inconsistent
PERSONALLY LIABLE TO THE PLAINTIFF, upon which with or may serve to supplement the provisions of
execution may issue immediately if the balance is all the latter.
due at the time of the rendition of the judgment;
otherwise;
the PLAINTIFF SHALL BE ENTITLED TO EXECUTION

AT SUCH TIME AS THE BALANCE REMAINING
BECOMES DUE under the terms of the original
contract, which time shall be stated in the judgment.
RULE 69
SECTION 7. REGISTRATION. PARTITION
A CERTIFIED COPY OF THE FINAL ORDER of the court
CONFIRMING THE SALE SHALL BE REGISTERED IN SECTION 1. COMPLAINT IN ACTION FOR
THE REGISTRY OF DEEDS.
PARTITION OF REAL ESTATE.
A person having the RIGHT TO COMPEL THE
If NO RIGHT OF REDEMPTION EXISTS, the certificate
PARTITION OF REAL ESTATE may do so as provided in
of title in THE NAME OF THE MORTGAGOR SHALL BE
this Rule,
CANCELLED, and a new one issued in the name of
 setting forth in his complaint the NATURE
the purchaser.
AND EXTENT OF HIS TITLE and
Where a RIGHT OF REDEMPTION EXISTS, the  an ADEQUATE DESCRIPTION OF THE REAL
certificate of title in the name of the mortgagor shall ESTATE of which partition is demanded and
NOT BE CANCELLED, but the CERTIFICATE OF SALE  JOINING as defendants ALL OTHER PERSONS
and the order confirming the sale shall be INTERESTED IN THE PROPERTY.
REGISTERED AND A BRIEF MEMORANDUM
THEREOF MADE BY THE REGISTRAR OF DEEDS SECTION 2. ORDER FOR PARTITION AND
UPON THE CERTIFICATE OF TITLE. In the event the PARTITION BY AGREEMENT THEREUNDER.
property is redeemed, the deed of redemption shall

If after the trial the court finds that the plaintiff has regard to the improvements, situation and
the right thereto, it shall ORDER THE PARTITION OF quality of the different parts thereof.
THE REAL ESTATE AMONG ALL THE PARTIES IN
INTEREST. SECTION 5. ASSIGNMENT OR SALE OF REAL
ESTATE BY COMMISSIONERS.
Thereupon the parties may, if they are ABLE TO When it is made to appear to the commissioners that
AGREE, MAKE THE PARTITION AMONG THEMSELVES the real state, or a portion thereof, CANNOT BE
by proper instruments of conveyance, and the court DIVIDED without prejudice to the interests of the
shall CONFIRM THE PARTITION so agreed upon by all parties, the COURT MAY ORDER IT
the parties, and such partition, together with the  ASSIGNED TO ONE OF THE PARTIES WILLING
order of the court confirming the same, shall be TO TAKE THE SAME,
RECORDED IN THE REGISTRY OF DEEDS of the place  provided HE PAYS TO THE OTHER PARTIES
in which the property is situated. such amount as the commissioners deem
equitable,
A final order decreeing partition and accounting MAY
BE APPEALED BY ANY PARTY AGGRIEVED THEREBY. unless one of the interested parties asks that the
property be sold instead of being so assigned, in
SECTION 3. COMMISSIONERS TO MAKE which case the COURT SHALL ORDER THE
PARTITION WHEN PARTIES FAIL TO AGREE. COMMISSIONERS TO SELL THE REAL ESTATE AT
If the parties are UNABLE TO AGREE UPON THE PUBLIC SALE under such conditions and within such
PARTITION, the court shall APPOINT NOT MORE time as the court may determine.
THAN THREE (3) COMPETENT AND DISINTERESTED
PERSONS AS COMMISSIONERS TO MAKE THE
PARTITION, commanding them to set off to the
plaintiff and to each party in interest such part and
proportion of the property as the court shall direct. SECTION 6. REPORT OF COMMISSIONERS;
PROCEEDINGS NOT BINDING UNTIL
SECTION 4. OATH AND DUTIES OF CONFIRMED.
COMMISSIONERS. The COMMISSIONERS SHALL MAKE A FULL AND
Before making such partition; the commissioners ACCURATE REPORT TO THE COURT OF ALL THEIR
shall take and subscribe an oath that they will PROCEEDINGS as to the partition, or the assignment
faithfully perform their duties as commissioners, of real estate to one of the parties, or the sale of the
which OATH SHALL BE FILED IN COURT with the same.
other proceedings in the case.
Upon the filing of such report, the CLERK OF COURT
In making the partition, the commissioners shall SHALL SERVE COPIES THEREOF ON ALL THE
 VIEW AND EXAMINE THE REAL ESTATE, after INTERESTED PARTIES WITH NOTICE THAT THEY ARE
due notice to the parties to attend at such ALLOWED TEN (10) DAYS within which to file
view and examination, and objections to the findings of the report, if they so
 shall HEAR THE PARTIES AS TO THEIR desire. No proceeding had before or conducted by
PREFERENCE in the portion of the property to the commissioners and rendered judgment thereon.
be set apart to them and the comparative
value thereof, and SECTION 7. ACTION OF THE COURT UPON
 shall SET APART THE SAME TO THE PARTIES COMMISSIONERS REPORT.
in lots or parcels as will be most
advantageous and equitable, having due

Upon the expiration of the period of ten (10) days the parties, and execution may issue therefor as in
referred to in the preceding section or even before other cases.
the expiration of such period but after the interested
parties have filed their objections to the report or SECTION 11. THE JUDGMENT AND ITS
their statement of agreement therewith the court EFFECT; COPY TO BE RECORDED IN REGISTRY OF
 may, upon hearing, accept the report and DEEDS.
RENDER JUDGMENT in accordance If ACTUAL PARTITION OF PROPERTY IS MADE, the
therewith, or, judgment shall state definitely, by metes and bounds
 for cause shown recommit the same to the and adequate description,
commissioners for further report of facts; or  the PARTICULAR PORTION of the real estate
 set aside the report and appoint new assigned to each party, and
commissioners; or  the EFFECT OF THE JUDGMENT shall be to
 accept the report in part and reject it in part; vest in each party to the action in severalty
and may make such order and render such the portion of the real estate assigned to him.
judgment as shall effectuate a fair and just
partition of the real estate, or of its value, if If the WHOLE PROPERTY IS ASSIGNED TO ONE OF
assigned or sold as above provided, between THE PARTIES upon his paying to the others the sum
the several owners thereof. or sums ordered by the court, the judgment shall
 STATE THE FACT OF SUCH PAYMENT and of
SECTION 8. ACCOUNTING FOR RENT AND the assignment of the real estate to the party
PROFITS IN ACTION FOR PARTITION. making the payment, and
In an action for partition in accordance with this  the EFFECT OF THE JUDGMENT shall be to
Rule, a party SHALL RECOVER FROM ANOTHER HIS vest in the party making the payment the
JUST SHARE OF RENTS AND PROFITS RECEIVED BY whole of the real estate free from any
SUCH OTHER PARTY FROM THE REAL ESTATE IN interest on the part of the other parties to
QUESTION, and the judgment shall include an the action.
allowance for such rents and profits.
SECTION 9. POWER OF GUARDIAN IN SUCH If the PROPERTY IS SOLD AND THE SALE
PROCEEDINGS. CONFIRMED BY THE COURT, the judgment shall
The guardian or guardian ad litem of a minor or  state the NAME OF THE PURCHASER OR
person judicially declared to be incompetent may, PURCHASERS AND A DEFINITE DESCRIPTION
with the approval of the court first had, do and of the parcels of real estate sold to each
perform on behalf of his ward any act, matter, or purchaser, and
thing respecting the partition of real estate, which  the EFFECT OF THE JUDGMENT shall be to
the minor or person judicially declared to be vest the real estate in the purchaser or
incompetent could do in partition proceedings if he purchasers making the payment or payments,
were of age or competent. free from the claims of any of the parties to
the action.
SECTION 10. COSTS AND EXPENSES TO BE
TAXED AND COLLECTED. A CERTIFIED COPY OF THE JUDGMENT shall in either
The court shall equitably tax and apportion between case be RECORDED IN THE REGISTRY OF DEEDS of
or among the parties the costs and expenses which the place in which the real estate is situated, and the
accrue in the action, including the compensation of expenses of such recording shall be taxed as part of
the commissioners, having regard to the interests of the costs of the action.

SECTION 12. NEITHER PARAMOUNT RIGHTS
NOR AMICABLE PARTITION AFFECTED BY THIS
RULE.
Nothing in this Rule contained shall be construed so
as to prejudice, defeat, or destroy the RIGHT OR
TITLE OF ANY PERSON CLAIMING THE REAL ESTATE
INVOLVED by title under any other person, or by
TITLE PARAMOUNT TO THE TITLE OF THE PARTIES
among whom the partition may have been made,
nor so as to restrict or prevent persons holding real
estate jointly or in common from making an
amicable partition thereof by agreement and
suitable instruments of conveyance without recourse
to an action.
SECTION 13. PARTITION OF PERSONAL

PROPERTY.
The provisions of this Rule shall APPLY TO
PARTITIONS OF ESTATES COMPOSED OF PERSONAL
PROPERTY, OR OF BOTH REAL AND PERSONAL
PROPERTY, in so far as the same may be applicable.
RULE 70
FORCIBLE ENTRY AND
UNLAWFUL DETAINER
SECTION 1. WHO MAY INSTITUTE

PROCEEDINGS, AND WHEN.
Subject to the provisions of the next succeeding
section,
 a person deprived of the possession of any
land or building by FORCE, INTIMIDATION,
THREAT, STRATEGY, OR STEALTH, or
 a lessor, vendor, vendee, or other person
against whom the POSSESSION OF ANY LAND
OR BUILDING IS UNLAWFULLY WITHHELD
AFTER THE EXPIRATION OR TERMINATION
OF THE RIGHT TO HOLD POSSESSION, by
virtue of any contract, express or implied, or
the legal representatives or assigns of any such

lessor, vendor, vendee, or other person, may, at any

time WITHIN ONE (1) YEAR AFTER SUCH UNLAWFUL a civil action which are apparent therein. If no
DEPRIVATION OR WITHHOLDING OF POSSESSION, ground for dismissal is found, it shall FORTHWITH
bring an action in the proper municipal trial court ISSUE SUMMONS.
against the person or persons unlawfully withholding
or depriving of possession, or any person or persons SECTION 6. ANSWERS.
claiming under them, for the restitution of such WITHIN TEN (10) DAYS FROM SERVICE OF
possession, TOGETHER WITH DAMAGES AND COSTS. SUMMONS, the defendant shall FILE HIS ANSWER
TO THE COMPLAINT AND SERVE A COPY thereof on
SECTION 2. LESSOR TO PROCEED AGAINST the plaintiff.
LESSEE ONLY AFTER DEMAND.
Unless otherwise stipulated, such action by the Affirmative and negative defenses not pleaded
lesser shall be commenced only therein shall be deemed waived, except lack of
 AFTER DEMAND TO PAY OR COMPLY WITH jurisdiction over the subject matter.
THE CONDITIONS OF THE LEASE and
 to VACATE IS MADE UPON THE LESSEE, or CROSS-CLAIMS AND COMPULSORY
 by SERVING WRITTEN NOTICE OF SUCH COUNTERCLAIMS NOT ASSERTED IN THE ANSWER
DEMAND upon the person found on the SHALL BE CONSIDERED BARRED. The answer to
premises if no person be found thereon, and counterclaims or cross-claims shall be SERVED AND
the lessee FAILS TO COMPLY THEREWITH FILED WITHIN TEN (10) DAYS from service of the
AFTER FIFTEEN (15) DAYS IN THE CASE OF answer in which they are pleaded.
LAND OR FIVE (5) DAYS IN THE CASE OF
BUILDINGS.
SECTION 3. SUMMARY PROCEDURE. SECTION 7. EFFECT OF FAILURE TO ANSWER.

Except in cases covered by the agricultural tenancy Should the defendant fail to answer the complaint
laws or when the law otherwise expressly provides, within the period above provided, the court, motu
ALL ACTIONS FOR FORCIBLE ENTRY AND UNLAWFUL proprio or on motion of the plaintiff, shall RENDER
DETAINER, IRRESPECTIVE OF THE AMOUNT OF JUDGMENT AS MAY BE WARRANTED BY THE FACTS
DAMAGES OR UNPAID RENTALS SOUGHT TO BE ALLEGED IN THE COMPLAINT AND LIMITED TO
RECOVERED, shall be GOVERNED BY THE SUMMARY WHAT IS PRAYED FOR THEREIN.
PROCEDURE HEREUNDER PROVIDED.
The court may in its discretion REDUCE THE
SECTION 4. PLEADINGS ALLOWED. AMOUNT OF DAMAGES AND ATTORNEY'S FEES
CLAIMED for being excessive or otherwise
The only pleadings allowed to be filed are the
unconscionable, without prejudice to the
COMPLAINT, COMPULSORY COUNTERCLAIM AND
applicability of section 3 (c), Rule 9 if there are two
CROSS-CLAIM PLEADED IN THE ANSWER, AND THE
or more defendants.
ANSWERS thereto.
All pleadings shall be VERIFIED.

SECTION 8. PRELIMINARY CONFERENCE;
SECTION 5. ACTION ON COMPLAINT. APPEARANCE OF PARTIES.
NOT LATER THAN THIRTY (30) DAYS after the last
The court may, from an examination of the
answer is filed, a PRELIMINARY CONFERENCE shall
allegations in the complaint and such evidence as
be held. The provisions of Rule 18 on pre-trial shall
may be attached thereto, DISMISS THE CASE
be applicable to the preliminary conference unless
OUTRIGHT on any of the grounds for the dismissal of
inconsistent with the provisions of this Rule.

SECTION 10. SUBMISSION OF AFFIDAVITS AND
The FAILURE OF THE PLAINTIFF TO APPEAR IN THE POSITION PAPERS.
PRELIMINARY CONFERENCE shall be cause for the WITHIN TEN (10) DAYS FROM RECEIPT OF THE
dismissal of his complaint. The defendant who ORDER mentioned in the next preceding section, the
appears in the absence of the plaintiff shall be parties shall submit the affidavits of their witnesses
entitled to judgment on his counterclaim in and other evidence on the factual issues defined in
accordance with the next preceding section. All the order, together with their position papers setting
cross-claims shall be dismissed. forth the law and the facts relied upon by them.
If a SOLE DEFENDANT SHALL FAIL TO APPEAR, the
SECTION 11. PERIOD FOR RENDITION OF
plaintiff shall likewise be entitled to judgment in
JUDGMENT.
accordance with the next preceding section.
WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE
This procedure shall not apply where one of two or AFFIDAVITS AND POSITION PAPERS, OR THE
more defendants sued under a common cause of EXPIRATION OF THE PERIOD FOR FILING THE SAME,
action defense shall appear at the preliminary the court shall render judgment.
conference.
However, should the court find it necessary to clarify
NO POSTPONEMENT OF THE PRELIMINARY certain material facts, during the said period, issue
CONFERENCE SHALL BE GRANTED except for highly an order specifying the matters to be clarified, and
meritorious grounds and without prejudice to such REQUIRE THE PARTIES TO SUBMIT AFFIDAVITS OR
sanctions as the court in the exercise of sound OTHER EVIDENCE on the said matters within ten (10)
discretion may impose on the movant. days from receipt of said order. Judgment shall be
rendered within fifteen (15) days after the receipt of
the last affidavit or the expiration of the period for
SECTION 9. RECORD OF PRELIMINARY
filing the same.
CONFERENCE.
WITHIN FIVE (5) DAYS AFTER THE TERMINATION OF The court shall not resort to the foregoing procedure
THE PRELIMINARY CONFERENCE, the court shall just to gain time for the rendition of the judgment.
issue an order stating the matters taken up therein,
including but not limited to:
SECTION 12. REFERRAL FOR CONCILIATION.
1. Whether the parties have arrived at an
Cases requiring referral for conciliation, where there
amicable settlement, and if so, the terms
is no showing of compliance with such requirement,
thereof;
shall be DISMISSED WITHOUT PREJUDICE, and may
2. The stipulations or admissions entered into
be REVIVED ONLY AFTER THAT REQUIREMENT
by the parties;
SHALL HAVE BEEN COMPLIED WITH.
3. Whether, on the basis of the pleadings and
the stipulations and admission made by the
parties, judgment may be rendered without SECTION 13. PROHIBITED PLEADINGS AND
the need of further proceedings, in which MOTIONS.
event the judgment shall be rendered within The following petitions, motions, or pleadings shall
thirty (30) days from issuance of the order; not be allowed:
4. A clear specification of material facts which 1. Motion to dismiss the complaint except on the
remain converted; and ground of lack of jurisdiction over the subject
5. Such other matters intended to expedite the matter, or failure to comply with section 12;
disposition of the case. 2. Motion for a bill of particulars;

3. Motion for new trial, or for reconsideration of a When the DEFENDANT RAISES THE DEFENSE OF
judgment, or for reopening of trial; OWNERSHIP IN HIS PLEADINGS and the question of
4. Petition for relief from judgment; possession cannot be resolved without deciding the
5. Motion for extension of time to file pleadings, issue of ownership, the ISSUE OF OWNERSHIP SHALL
affidavits or any other paper; BE RESOLVED ONLY TO DETERMINE THE ISSUE OF
6. Memoranda; POSSESSION.
7. Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the SECTION 17. JUDGMENT
court; If after trial court finds that the allegations of the
8. Motion to declare the defendant in default; complaint are true, it shall RENDER JUDGMENT IN
9. Dilatory motions for postponement; FAVOR OF THE PLAINTIFF FOR THE RESTITUTION OF
10. Reply; THE PREMISES, the sum justly due as arrears of rent
11. Third-party complaints; or as reasonable compensation for the use and
12. Interventions. occupation of the premises, attorney's fees and
costs.
SECTION 14. AFFIDAVITS.
The affidavits required to be submitted under this If a COUNTERCLAIM IS ESTABLISHED, the court shall
Rule shall STATE ONLY FACTS OF DIRECT PERSONAL  RENDER JUDGMENT FOR THE SUM found in
KNOWLEDGE OF THE AFFIANTS which are admissible arrears from either party and
in evidence, and shall show their competence to  AWARD COSTS as justice requires.
testify to the matters stated therein.
A violation of this requirement may subject the party SECTION 18. JUDGMENT CONCLUSIVE ONLY ON
or the counsel who submits the same to POSSESSION; NOT CONCLUSIVE IN ACTIONS
DISCIPLINARY ACTION, and shall be cause to INVOLVING TITLE OR OWNERSHIP.
expunge the inadmissible affidavit or portion thereof The judgment rendered in an action for forcible
from the record. entry or detainer shall be
 CONCLUSIVE WITH RESPECT TO THE
SECTION 15. PRELIMINARY INJUNCTION. POSSESSION ONLY and shall
The court may grant preliminary injunction, in  in NO WISE BIND THE TITLE OR AFFECT THE
accordance with the provisions of Rule 58 hereof, to OWNERSHIP of the land or building.
PREVENT THE DEFENDANT FROM COMMITTING
FURTHER ACTS OF DISPOSSESSION AGAINST THE Such judgment shall NOT BAR AN ACTION between
PLAINTIFF. the same parties respecting title to the land or
building.
A possessor deprived of his possession through
forcible from the filing of the complaint, present a The judgment or final order shall be APPEALABLE TO
motion in the action for forcible entry or unlawful THE APPROPRIATE REGIONAL TRIAL COURT WHICH
detainer for the ISSUANCE OF A WRIT OF SHALL DECIDE THE SAME on the basis of the entire
PRELIMINARY MANDATORY INJUNCTION TO record of the proceedings had in the court of origin
RESTORE HIM IN HIS POSSESSION. The court shall and such memoranda and/or briefs as may be
decide the motion within thirty (30) days from the submitted by the parties or required by the Regional
filing thereof. Trial Court.
SECTION 16. RESOLVING DEFENSE OF SECTION 19. IMMEDIATE EXECUTION OF

OWNERSHIP. JUDGMENT; HOW TO STAY SAME.

If JUDGMENT IS RENDERED AGAINST THE  shall ORDER THE EXECUTION OF THE
DEFENDANT, JUDGMENT APPEALED FROM WITH RESPECT
 execution shall issue immediately TO THE RESTORATION OF POSSESSION,
 UPON MOTION  but such execution shall NOT BE A BAR TO
THE APPEAL taking its course until the final
unless AN APPEAL HAS BEEN PERFECTED and the disposition thereof on the merits.
defendant to STAY EXECUTION FILES A SUFFICIENT
SUPERSEDEAS BOND, approved by the Municipal After the case is decided by the Regional Trial Court,
Trial Court and executed in favor of the plaintiff to ANY MONEY PAID TO THE COURT BY THE
PAY THE RENTS, DAMAGES, AND COSTS accruing DEFENDANT FOR PURPOSES OF THE STAY OF
down to the time of the judgment appealed from, EXECUTION SHALL BE DISPOSED OF in accordance
and with the provisions of the judgment of the Regional
Trial Court.
unless, DURING THE PENDENCY OF THE APPEAL, he
DEPOSITS with the appellate court the AMOUNT OF In any case wherein it appears that the DEFENDANT
RENT DUE FROM TIME TO TIME UNDER THE HAS BEEN DEPRIVED OF THE LAWFUL POSSESSION
CONTRACT, if any, as determined by the judgment of OF LAND OR BUILDING PENDING THE APPEAL by
the Municipal Trial Court. virtue of the execution of the judgment of the
Municipal Trial Court, DAMAGES FOR SUCH
In the ABSENCE OF A CONTRACT, he shall deposit DEPRIVATION OF POSSESSION AND RESTORATION
with the Regional Trial Court the REASONABLE OF POSSESSION AND RESTORATION OF POSSESSION
VALUE OF THE USE AND OCCUPATION OF THE MAY BE ALLOWED the defendant in the judgment of
PREMISES for the preceding month or period at the the Regional Trial Court disposing of the appeal.
rate determined by the judgment of the lower court
on or before the tenth day of each succeeding month SECTION 20. PRELIMINARY MANDATORY
or period. The supersedeas bond shall be INJUNCTION IN CASE OF APPEAL.
transmitted by the Municipal Trial Court, with the Upon motion of the plaintiff, WITHIN TEN (10) DAYS
papers, to the clerk of the Regional Trial Court to from the perfection of the appeal to the Regional
which the action is appealed. Trial Court, the latter may ISSUE A WRIT OF
PRELIMINARY MANDATORY INJUNCTION TO
 ALL AMOUNTS so paid to the appellate court RESTORE THE PLAINTIFF IN POSSESSION if the court
shall be DEPOSITED WITH SAID COURT or is satisfied that the defendant's appeal is frivolous or
authorized government depositary bank, and dilatory or that the appeal of the plaintiff is prima
facie meritorious. (9a)
 SHALL BE HELD there until the final
disposition of the appeal, unless the court, by SECTION 21. IMMEDIATE EXECUTION ON
agreement of the interested parties, or in the APPEAL TO COURT OF APPEALS OR SUPREME
absence of reasonable grounds of opposition
COURT.
to a motion to withdraw, or for justifiable
The JUDGMENT of the Regional Trial Court against
reasons, shall decree otherwise.
the defendant shall be IMMEDIATELY EXECUTORY,
without prejudice to a further appeal that may be
Should the DEFENDANT FAIL TO MAKE THE
taken therefrom.
PAYMENTS above prescribed from time to time
during the pendency of the appeal, the appellate
court, upon motion of the plaintiff, and upon proof
of such failure,

RULE 71
CONTEMPT
SECTION 1. DIRECT CONTEMPT PUNISHED

SUMMARILY.
A person guilty of MISBEHAVIOR IN THE PRESENCE
OF OR SO NEAR A COURT as to
 OBSTRUCT OR INTERRUPT THE
PROCEEDINGS before the same,
 including DISRESPECT TOWARD THE COURT,
 OFFENSIVE PERSONALITIES toward others, or
 REFUSAL TO BE SWORN OR TO ANSWER AS
A WITNESS, or
 to SUBSCRIBE AN AFFIDAVIT OR DEPOSITION
when lawfully required to do so,
may be SUMMARILY ADJUDGED IN CONTEMPT by

such court and PUNISHED BY A FINE not exceeding
two thousand pesos or IMPRISONMENT NOT
EXCEEDING TEN (10) DAYS, or both, if it be a
Regional Trial Court or a court of equivalent or higher
rank, or

by a FINE NOT EXCEEDING TWO HUNDRED PESOS manner DISTURBS THE POSSESSION given to the
OR IMPRISONMENT NOT EXCEEDING ONE (1) DAY, person adjudged to be entitled thereto;
OR BOTH, if it be a lower court.
c. ANY ABUSE OF OR ANY UNLAWFUL
SECTION 2. REMEDY THEREFROM. INTERFERENCE WITH THE PROCESSES OR
The person adjudged in direct contempt by any court PROCEEDINGS of a court not constituting direct
may not appeal therefrom, but may avail himself of contempt under section 1 of this Rule;
the REMEDIES OF CERTIORARI OR PROHIBITION.
d. ANY IMPROPER CONDUCT tending, directly or
The execution of the JUDGMENT SHALL BE indirectly, to impede, obstruct, or degrade the
SUSPENDED PENDING RESOLUTION OF SUCH administration of justice;
PETITION, provided
e. ASSUMING TO BE AN ATTORNEY OR AN OFFICER
 such person FILES A BOND fixed by the court OF A COURT, and acting as such without
which rendered the judgment and authority;
 conditioned that he will ABIDE BY AND
PERFORM THE JUDGMENT should the f. FAILURE TO OBEY A SUBPOENA duly served;
petition be decided against him.
g. The RESCUE, OR ATTEMPTED RESCUE, of a
person or property in the custody of an officer by
SECTION 3. INDIRECT CONTEMPT TO BE virtue of an order or process of a court held by
PUNISHED AFTER CHARGE AND HEARING. him.
 After a CHARGE IN WRITING HAS BEEN
But nothing in this section shall be so construed as to
FILED, and
 PREVENT THE COURT FROM ISSUING
 an OPPORTUNITY GIVEN to the respondent
PROCESS to bring the respondent into court,
to comment thereon within such period as
or
may be fixed by the court and to be heard by
 FROM HOLDING HIM IN CUSTODY pending
himself or counsel,
such proceedings.
a person guilty of any of the following acts may be
SECTION 4. HOW PROCEEDINGS COMMENCED.
PUNISHED FOR INDIRECT CONTEMPT;
Proceedings for indirect contempt may be
a. MISBEHAVIOR OF AN OFFICER OF A COURT in INITIATED MOTU PROPIO by the court against which
the performance of his official duties or in his the contempt was committed by an order or any
official transactions; other formal charge requiring the respondent to
show cause why he should not be punished for
b. DISOBEDIENCE OF OR RESISTANCE to a lawful contempt.
writ, process, order, or judgment of a court,
including the act of a person who, after being IN ALL OTHER CASES, charges for indirect contempt
dispossessed or ejected from any real property shall be
by the judgment or process of any court of  COMMENCED BY A VERIFIED PETITION
competent jurisdiction, ENTERS OR ATTEMPTS  with SUPPORTING PARTICULARS AND
OR INDUCES ANOTHER TO ENTER INTO or upon CERTIFIED TRUE COPIES OF DOCUMENTS OR
such real property, for the purpose of executing PAPERS involved therein, and
acts of ownership or possession, or in any

 upon full compliance with the requirements SECTION 7. PUNISHMENT FOR INDIRECT
for filing initiatory pleadings for civil actions CONTEMPT.
in the court concerned. If the respondent is ADJUDGED GUILTY OF INDIRECT
CONTEMPT committed against a Regional Trial Court
If the CONTEMPT CHARGES AROSE out of or are or a court of equivalent or higher rank,
related to a principal action pending in the court,
 the petition for contempt shall allege that  he may be punished by a FINE NOT
fact but said petition shall be docketed, heard EXCEEDING THIRTY THOUSAND PESOS or
and decided separately,  IMPRISONMENT NOT EXCEEDING SIX (6)
 unless the court in its discretion orders the MONTHS, or both.
consolidation of the contempt charge and
the principal action for joint hearing and If he is adjudged guilty of contempt committed
decision. against a lower court,
SECTION 5. WHERE CHARGE TO BE FILED.  he may be punished by a FINE NOT

Where the charge for indirect contempt has been EXCEEDING FIVE THOUSAND PESOS or
committed  IMPRISONMENT NOT EXCEEDING ONE (1)
 against a Regional Trial Court or MONTH, or both.
 a court of equivalent or higher rank, or
 against an officer appointed by it, the charge If the CONTEMPT CONSISTS IN THE VIOLATION OF A
may be FILED WITH SUCH COURT. WRIT OF INJUNCTION, temporary restraining order
or status quo order, he may also be ordered to make
Where such contempt has been committed against a COMPLETE RESTITUTION to the party injured by
lower court, the charge may be filed with the such violation of the property involved or such
REGIONAL TRIAL COURT of the place in which the amount as may be alleged and proved.
lower court is sitting;
The writ of execution, as in ordinary civil actions,
but the proceedings may also be INSTITUTED IN shall issue for the enforcement of a judgment
SUCH LOWER COURT subject to appeal to the imposing a fine unless the court otherwise provides.
Regional Trial Court of such place in the same
manner as provided in section 11 of this Rule. (4a; SECTION 8. IMPRISONMENT UNTIL ORDER
Bar Matter No. 803, 21 July 1998) OBEYED.
When the contempt consists in the REFUSAL OR
SECTION 6. HEARING; RELEASE ON BAIL. OMISSION TO DO AN ACT which is yet in the power
If the HEARING IS NOT ORDERED to be had of the respondent to perform, he may be
forthwith, IMPRISONED BY ORDER OF THE COURT
 the respondent may be RELEASED FROM CONCERNED UNTIL HE PERFORMS IT.
CUSTODY UPON FILING A BOND,
 in an amount fixed by the court, for his SECTION 9. PROCEEDING WHEN PARTY
appearance at the hearing of the charge. RELEASED ON BAIL FAILS TO ANSWER.
When a respondent released on bail FAILS TO
On the day set therefor, the court shall proceed to
APPEAR ON THE DAY FIXED FOR THE HEARING,
investigate the charge and consider such comment,
 the court may ISSUE ANOTHER ORDER OF
testimony or defense as the respondent may make
ARREST or
or offer.

 may order the BOND FOR HIS APPEARANCE have adopted pursuant to authority granted to them
TO BE FORFEITED AND CONFISCATED, or by law to punish for contempt.
both; and,
The REGIONAL TRIAL COURT of the place wherein
if the BOND BE PROCEEDED AGAINST, the measure the contempt has been committed shall have
of damages shall be the extent of the LOSS OR JURISDICTION OVER SUCH CHARGES as may be filed
INJURY SUSTAINED BY THE AGGRIEVED PARTY BY therefor.
REASON OF THE MISCONDUCT for which the
contempt charge was prosecuted, with the costs of
the proceedings, and such recovery shall be for the
benefit of the party injured.
If there is NO AGGRIEVED PARTY, the bond shall be

liable and disposed of as in criminal cases.
SECTION 10. COURT MAY RELEASE

RESPONDENT.
The court which issued the order imprisoning a
person for contempt MAY DISCHARGE HIM FROM
IMPRISONMENT when it appears that PUBLIC
INTEREST WILL NOT BE PREJUDICED BY HIS
RELEASE.
SECTION 11. REVIEW OF JUDGMENT OR FINAL

ORDER; BOND FOR STAY.
The judgment or final order of a court in a case of
INDIRECT CONTEMPT may be APPEALED TO THE
PROPER COURT AS IN CRIMINAL CASES.
But execution of the judgment or final order shall

NOT BE SUSPENDED UNTIL A BOND IS FILED by the
person adjudged in contempt, in an amount fixed by
the court from which the appeal is taken,
conditioned that if the appeal be decided against
him he will abide by and perform the judgment or
final order.
SECTION 12. CONTEMPT AGAINST QUASI-

JUDICIAL ENTITIES.
Unless otherwise provided by law, this Rule shall
APPLY TO CONTEMPT COMMITTED AGAINST
PERSONS, ENTITIES, BODIES OR AGENCIES
EXERCISING QUASI-JUDICIAL FUNCTIONS, OR SHALL
HAVE SUPPLETORY EFFECT to such rules as they may

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RULE 57 is about to do so, with intent to defraud his

PRELIMINARY ATTACHMENT creditors; or

c. In an ACTION TO RECOVER THE POSSESSION SECTION 3. AFFIDAVIT AND BOND REQUIRED.

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SECTION 20. CLAIM FOR DAMAGES ON SECTION 1. PRELIMINARY INJUNCTION

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 UPON AFFIDAVITS of the party or person SECTION 8. JUDGMENT TO INCLUDE DAMAGES

SECTION 7. SERVICE OF COPIES OF

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SECTION 9. JUDGMENT TO INCLUDE RECOVERY

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SPECIAL CIVIL ACTIONS

SECTION 1. WHEN INTERPLEADER PROPER.

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SECTION 2. ORDER. The parties in an interpleader action MAY FILE

If the interests of justice so require, the court may SECTION 6. DETERMINATION.

The PERIOD TO FILE THE ANSWER SHALL BE TOLLED

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SECTION 3. NOTICE ON SOLICITOR GENERAL.

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SECTION 7. COMMENTS OF RESPONDENTS.

The requisite number of copies of the comments

NO OTHER PLEADING MAY BE FILED BY ANY PARTY

SECTION 8. EFFECT OF FILING.

SECTION 9. SUBMISSION FOR DECISION.

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If after such hearing or submission of memoranda or

The court, however, may DISMISS THE PETITION if it

SECTION 9. SERVICE AND ENFORCEMENT OF

An execution may issue for any damages or costs

SECTION 1. ACTION BY GOVERNMENT AGAINST

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SECTION 6. PROCEEDINGS BY COMMISSIONERS. The commissioners shall make a FULL AND

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SECTION 12. COSTS, BY WHOM PAID.

SECTION 13. RECORDING JUDGMENT, AND ITS

 particular property or interest therein

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