Rule 1

TITLE AND CONSTRUCTION

Section 1. Title of the Rules.— These rules shall be known and cited as the Rules of
Court.

Sec. 2. Construction.—These rules shall be liberally construed in order to promote

their object and to assist the parties in obtaining just, speedy, and inexpensive
determination of every action and proceeding.

Part I
CIVIL ACTIONS

Rule 2
ACTIONS IN GENERAL

Section 1. Action defined.— Action means an ordinary suit in a court of justice, by

which one party prosecutes another for the enforcement or protection of a right, or
the prevention or redress of a wrong.

Sec. 2. Special proceeding distinguished.— Every other remedy, including one to

establish the status or right of a party or a particular fact, shall be by special
proceeding.

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

Sec. 4. Effect of splitting a single cause of action.—If two or more complaints are
brought for different parts of a single cause of action, the filing of the first may be
pleaded in abatement of the other or others, in accordance with section 1(e) of Rule
16, and a judgment upon the merits in any one is available as a bar in the others.

Sec. 5. Joinder of causes of action.— Subject to rules regarding jurisdiction, venue

and joinder of parties, a party may in one pleading state, in the alternative or
otherwise, as many causes of action as he may have against an opposing party (a)
if the said causes of action arise out of the same contract, transaction or relation
between the parties, or (b) if the causes of action are for demands for money, or are
of the same nature and character. In the cases falling under clause (a) of the
preceding paragraph, the action shall be filed in the inferior court unless any of the
causes joined falls within the jurisdiction of the Court of First Instance, in which
case it shall be filed in the latter court. In the cases falling under clause (b) the
jurisdiction shall be determined by the aggregate amount of the demands, if for
money, or by their nature and character, if otherwise.

Sec. 6. Commencement of action.— A civil action is commenced by filing a

complaint with the court.

Rule 3
PARTIES TO CIVIL ACTIONS
Section 1. Who may be parties.— Only natural or juridical persons or entities
authorized by law may be parties in a civil action.
Sec. 2. Parties in interest.— Every action must be prosecuted and defended in the
name of the real party in interest. All persons having an interest in the subject of
the action and in obtaining the relief demanded shall be joined as plaintiffs. All
persons who claim an interest in the controversy or the subject thereof adverse to
the plaintiff, or who are necessary to a complete determination or settlement of the
questions involved therein shall be joined as defendants.

Sec. 3. Representative parties.— A trustee of an express trust, a guardian, executor

or administrator, or a party authorized by statute, may sue or be sued without
joining the party for whose benefit the action is presented or defended; but the
court may, at any stage of the proceedings, order such beneficiary to be made a
party. An agent acting in his own name and for the benefit of an undisclosed
principal may sue or be sued without joining the principal except when the contract
involves things belonging to the principal.

Sec. 4. Married woman.— A married woman may not sue or be sued alone without
joining her husband, except in the following instances: (a) When they are
judicially separated; (b) If they have in fact been separated for at least one year;
(c) When there is a separation of property agreed upon in the marriage settlements;
(d) If the administration of all the property in the marriage has been transferred to
her, in accordance with articles 196 and 197 of the Civil Code; (e) When the
litigation is between the husband and the wife; (f) If the suit concerns her
paraphernal property; (g) When the action is upon the civil liability arising from a
criminal offense; (h) If the litigation is incidental to the profession, occupation or
business in which she is engaged; (i) In any civil action referred to in articles 25
to 35 of the Civil Code; and (j) In an action upon a quasi delict. In the cases
mentioned in paragraphs (g) to (j), the husband must be joined as a party defendant
if the third paragraph of article 163 of the Civil Code is applicable.

Sec. 5. Infants, or incompetent persons.— A minor not emancipated, or an insane

person, or one declared judicially to be incompetent, may sue or be sued in the
cases provided by law, through his father, mother, guardian, or if he has none,
through a guardian ad litem appointed by the court. A minor emancipated by
marriage or voluntary concession can sue and be sued in court only with the
assistance of his father, mother, guardian, or guardian ad litem.

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

Sec. 7. Compulsory joinder of indispensable parties.— Parties in interest without

whom no final determination can be had of an action shall be joined either as
plaintiffs or defendants.

Sec. 8. Joinder of proper parties.>— When persons who are not indispensable but
who ought to be parties if complete relief is to be accorded as between those
already parties, have not been made parties and are subject to the jurisdiction of
the court as to both service of process and venue, the court shall order them
summoned to appear in the action. But the court may, in its discretion, proceed in
the action without making such persons parties, and the judgment rendered therein
shall be without prejudice to the rights of such persons.

Sec. 9. Non-joinder of proper parties to be pleaded. — In any pleading in which relief

is asked, the pleader shall set forth the names, if known to him, of persons who
ought to be parties if complete relief is to be accorded between those already
parties, but who are not joined, and shall state why they are omitted.

Sec. 10. Unwilling co-plaintiff.— If the consent of any party who should be joined as
plaintiff can not be obtained, he may be made a defendant and the reason therefor
shall be stated in the complaint.

Sec. 11. Misjoinder and non-joinder of parties. — Mis-joinder of parties is not ground
for dismissal of an action. Parties may be dropped or added by order of the court
on motion of any party or on its own initiative at any stage of the action and on
such terms as are just. Any claim against a party may be severed and proceeded
with separately.

Sec. 12. Class suit.— When the subject matter of the controversy is one of common
or general interest to many persons, and the parties are so numerous that it is
impracticable to bring them all before the court, one or more may sue or defend for
the benefit of all. But in such case the court shall make sure that the parties
actually before it are sufficiently numerous and representative so that all interests
concerned are fully protected. Any party in interest shall have a right to intervene
in protection of his individual interest.

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

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

Sec. 15. Associations as defendants.— When two or more sons, associated in any
business, transact such busies under a common name, whether it comprises names
of such persons or not, the associates may be sued by such common name.
Persons associated in business who are sued under a common name must all be
named individually in the answer filed by them or on their behalf with their business
address.

Sec. 16. Duty of attorney upon death, incapacity, or incompetency of party. —

Whenever a party to a pending case dies, becomes incapacitated or incompetent, it
shall be the duty of his attorney to inform the court promptly of such death,
incapacity or incompetency, and to give the name and residence of his executor,
administrator, guardian or other legal representative.

Sec. 17. Death of party.— After a party dies and the claim is not thereby
extinguished, the court shall order, upon proper notice, the legal representative of
the deceased to appear and to be substituted for the deceased, within a period of
thirty (30) days, or within such time as may be granted. If the legal representative
fails to appear within said time, the court may order the opposing party to procure
the appointment of a legal representative of the deceased within a time to be
specified by the court, and the representative shall immediately appear for and on
behalf of the interest of the deceased. The court charges involved in procuring
such appointment, if defrayed by the opposing party, may be recovered as costs.
The heirs of the deceased may be allowed to be substituted for the deceased,
without requiring the appointment of an executor or administrator and the court
may appoint guardian ad litem for the minor heirs.

Sec. 18. Death or separation of a party who is a government officer. — When an

officer of the Philippines is a party in an action and during its pendency dies,
resigns, or otherwise ceases to hold office, the action may be continued and
maintained by or against his successor, if within thirty (30) days after the
successor takes office it is satisfactorily shown to the court that there is a
substantial need for so continuing and maintaining it. Substitution pursuant to this
rule may be made when it is shown by supplemental pleading that the successor of
an officer adopts or continues or threatens to adopt or continue the action of his
predecessor in enforcing a law averred to be in violation of the Constitution of the
Philippines. Before a substitution is made, the party or officer to be affected,
unless expressly assenting thereto, shall be given reasonable notice of the
application therefor and accorded an opportunity to object.

Sec. 19. Incompetency or incapacity.—If a party becomes incompetent or

incapacitated, the court, upon motion with notice, may allow the action to be
continued by or against his representative.

Sec. 20. Transfer of interest.—In case of any transfer of interest, the action may be
continued by or against the original party, unless the court upon motion directs the
person to whom the interest is transferred to be substituted in the action or joined
with the original party.

Sec. 21. Where claim does not survive.— When the action is for recovery of money,
debt or interest thereon, and the defendant dies before final judgment in the Court
of First Instance, it shall be dismissed to be prosecuted in the manner especially
provided in these rules.

Sec. 22. Pauper litigant.— Any court may authorize a litigant to prosecute his action
or defense as a pauper upon a proper showing that he has no means to that effect
by affidavits, certificate of the corresponding provincial, city or municipal treasurer,
or otherwise. Such authority once given shall include an exemption from payment
of legal fees and from filing appeal bond, printed record and printed brief. The
legal fees shall be a lien to any judgment rendered in the case favorably to the
pauper, unless the court otherwise provides.

Sec. 23. Notice to Solicitor General.— In any action involving the validity of any
treaty, law, ordinance or executive order, rules or regulations, a superior court, in
its discretion, may require the appearance of the Solicitor General who may be
heard in person or through a representative duly designated by him.

Rule 4VENUE OF ACTIONS

Section 1. Venue in inferior courts.— (a) Real actions.— Forcible entry and detainer
actions regarding real property shall be brought in the municipality or city in which
the subject matter thereof is situated. If the property be found in two or more
municipalities or cities, actions may be brought in any of them, at the option of the
plaintiff.(b) Personal actions.— All other civil actions in inferior courts shall be
brought:
1. In the place specified by the parties by means of a written agreement, whenever
the court shall have jurisdiction to try the action by reason of its nature or the
amount involved;
2. If there is no such agreement, in the place of the execution of the contract sued
upon as appears therefrom;
3. When the place of execution of the written contract sued upon does not appear
therein, or the action is not upon a written contract, then in the municipality
where the defendant or any of the defendants resides or may be served with
summons.
Sec. 2. Venue in Courts of First Instance.— (a) Real actions. —Actions affecting title
to, or for recovery of possession, or for partition or condemnation of, or foreclosure
of mortgage on, real property, shall be commenced and tried in the province where
the property or any part thereof lies. (b) Personal actions.— All other actions may be
commenced and tried where the defendant or any of the defendants resides or may
be found, or where the plaintiff or any of the plaintiffs resides, at the election of the
plaintiff.(c) Actions against nonresidents. —If any of the defendants does not reside
and is not found in the Philippines, and the action affects the personal status of the
plaintiff, or any property of the defendant located in the Philippines, the action may
be commenced and tried in the province where the plaintiff resides or the property,
or any portion thereof, is situated or found.

Sec. 3. Venue by agreement.— By written agreement of the parties the venue of an

action may be changed or transferred from one province to another.

Sec. 4. Waiver of objection.— When improper venue is not objected to in a motion to

dismiss it is deemed waived.

Sec. 5. When rule not applicable.— This rule shall not apply in those cases where a
specific rule or law provides otherwise.

Rule 5PROCEDURE IN INFERIOR COURTS

Section 1. Meaning of words.— The words "inferior courts" include both "justice of
the peace courts" and "municipal courts."
Sec. 2. The complaint.— The complaint shall state the name and residence of the
plaintiff and those of the defendant, the substance of the claim made, the grounds
of action, the relief sought, and the date when the claim arose.

Sec. 3. Date of filing of complaint.— Upon the filing of a complaint in an inferior

court, the judge or clerk if any, shall indorse thereon the day, month, and year upon
which it was filed, and forthwith issue the corresponding summons to the
defendants.

Sec. 4. Summons.— The provisions of Rule 14 hereof shall, so far as applicable,

regulate summons issued by inferior courts; but the direction contained in the
summons must be that the defendant answer the complaint, and Produce his
evidence at a stated place, day, and hour, which shall be not less than two (2) days
nor more than five (5) days after the service of the summons it be served in the
municipality or city in which the action is brought, nor less than ten (10) days nor
more than twenty (20) days after such service if summons be served out of the
municipality or city. The plaintiff must be notified of the date, time and place set
for the trial.

Sec. 5. Answer.— Except in summary procedure under section 17 of this rule, the
defendant shall answer the complaint in writing, by either denying specifically the
material allegations of the complaint, or alleging any lawful defense. All
affirmative defenses not pleaded in the answer shall be deemed waived and the
same may not be raised for the first time on appeal in the Court of First Instance.A
defendant may also interpose a counterclaim in writing for an amount within the
court's jurisdiction. A counterclaim beyond the court's jurisdiction may only be
pleaded by way of defense.The defendant may also file a cross-claim or a third-
party complaint in accordance with sections 7 and 12 of Rule 6.

Sec. 6. Motion to dismiss or for judgment on the pleadings. — A motion to dismiss

may be filed on any of the grounds provided for in Rule 16 and immediately upon its
denial the movant shall give his answer. A motion for judgment on the pleadings
may also be filed on the grounds specified in Rule 19.

Sec. 7. Order of trial.— On the trial, the court shall hear first the testimony of the
plaintiff and his witnesses, next the testimony of the defendant and his witnesses,
and finally the plaintiff may offer rebutting testimony. When the testimony has
been closed, the plaintiff or his representative shall be heard in argument, if he so
desires, and upon the conclusion of his argument, the defendant or his
representative may conclude the argument.

Sec. 8. Adjournment.— Inferior courts may adjourn the hearing of an action from day
to day as the interest of justice requires, but shall not have power to adjourn
hearings for a longer period than five (5) days for each adjournment, nor for more
than fifteen (15) days in all.

Sec. 9. Offer to compromise.— If the defendant, at any time before the trial, offers
in writing to allow judgment to be taken against him for a specified sum, the
plaintiff may immediately have judgment therefor, with the costs then accrued; but
if he does not accept such offer before the trial, and fails to recover in the action a
sum in excess of the offer, he cannot recover costs, but costs must be adjudged
against him, and, if he recovers, be deducted from his recovery. The offer and
failure to accept it cannot affect the recovery otherwise than as to costs.

Sec. 10. Judgment after trial, when and how rendered. — At the conclusion of the
trial, the justice of the peace or municipal judge shall render judgment for the
plaintiff or for the defendant as the law and evidence may warrant. If there is a
counterclaim, the justice of the peace or municipal judge shall render judgment for
the sum found in arrears from either party, with costs. But he may adjourn the
disposition of the case to a stated day, not exceeding one week from the time of
the conclusion of the trial, for the consideration of the judgment, if he requires time
for consideration.

Sec. 11. Dismissal upon plaintiff's failure to appear. — If the plaintiff does not appear
at the time and place designated in the summons or in a subsequent order, the
justice of the peace or municipal judge may dismiss the action for failure to
prosecute, and render judgment for the defendant to recover his costs. But such
dismissal without hearing shall not be a bar to a subsequent action for the same
cause.

Sec. 12. Judgment by default.—Except as provided in section 17 of this rule, if the

defendant does not file a written answer within the time designated in the
summons, he may be declared in default, and the court shall thereupon proceed to
hear the testimony of the plaintiff and his witnesses, and shall render judgment for
the plaintiff in accordance with the facts alleged and proved.

Sec. 13. Vacating dismissals and defaults.— Within one (1) day after notice of an
order of dismissal or default, as provided in the last two preceding sections, the
court shall set aside such entry and allow the party against whom such dismissal or
default had been entered to have a trial upon the merits of the cause, if such party
appears and satisfies the court that his failure to appear at the time and place
designated in the summons was by reason of fraud, accident, mistake or excusable
negligence.

Sec. 14. Form of judgment.— The judgment shall be in writing and signed by the
justice of the peace or municipal judge, but it need not contain findings of fact or
conclusions of law.

Sec. 15. Notice to parties.— Except in the case covered by section 9 of Rule 13,
inferior courts shall notify the parties in writing of their judgment and of any and all
orders issued by them, personally or by registered mail. If notice is orally given in
open court, the giving of the notice must be noted down in the docket.

Sec. 16. New trial.— Within the time provided for perfecting an appeal from a
judgment rendered by an inferior court and before an appeal is so perfected, the
court may grant a new trial to correct an error or injustice it may have committed.

Sec. 17. Summary procedure for money claim, not exceeding two hundred pesos. —
Where a claim does not exceed two hundred pesos (P200), no written or formal
pleading need be filed, but the judge shall note the claim, and in such form as he
may deem best and convenient under the circumstances shall summon the parties
and hear them as well as their witnesses. If the defendant fails to appear at the
first informal call, a formal summons with an information as to the claim against
him may be issued. If he fails to appear after formal summons, defendant shall be
declared in default. After the hearing, both parties shall be informed of the
judgment, which shall be noted in the corresponding docket together with the
claim, defense and all the proceedings had thereon. No fee shall be charged or
costs allowed in such proceedings, whether the parties be paupers or not.Appeal
shall be made by filing a notice to that effect with the clerk. Upon appeal, written
pleadings shall be filed in the Court of First Instance as in cases originally
instituted therein. The complaint shall be filed within a period of ten (10) days
from receipt of the notice specified in section 7 of Rule 40.

Sec. 18. Execution.— Execution shall issue upon a final judgment of an inferior
court after the time for perfecting an appeal has expired and no appeal has been
perfected.
Sec. 19. Application of certain rules.—Sections 6, 7, 8, 9, 10 and 12 of Rule 6;
sections 3 and 4 of Rule 9; sections 4 and 5 of Rule 11; section 2 of Rule 12; section
9 of Rule 13; Rules 16, 17, 23, 24, 37, 61, and 129 to 135 are applicable in inferior
courts in cases falling within their respective jurisdictions in so far as they are not
inconsistent with the provisions of this rule.

PROCEDURE IN COURTS OF FIRST INSTANCE

Rule 6
PLEADINGS IN GENERAL

Section 1. Pleadings defined.— Pleadings are the written allegations of the parties
of their respective claims and defenses submitted to the court for trial and
judgment.
Sec. 2. Pleadings allowed.— The pleadings allowed by these rules are the
complaint, the answer, the counterclaim, the cross-claim, the reply, the third-party
complaint, he fourth-party complaint, and other similar complaints.

Sec. 3. Complaint.— The complaint is a concise statement of the ultimate facts

constituting the plaintiff's cause or causes of action. It shall specify the relief
sought, but it may add a general prayer for such further or other relief as may be
deemed just or equitable. The names and residences of the parties plaintiff and
defendant must be stated in the complaint.

Sec. 4. Answer.— An answer is a pleading in which a defendant or other adverse

party sets forth the negative and affirmative defenses upon which he relies.

Sec. 5. Defenses.— (a) Negative defense is the specific denial of the material fact
or facts alleged in the complaint essential to the plaintiff's cause or causes of
action.(b) An affirmative defense is an allegation of new matter which, while
admitting the material allegations of the complaint, expressly or impliedly, would
nevertheless prevent or bar recovery by the plaintiff. The affirmative defenses
include fraud, statute of limitations, release, payment, illegality, statute of frauds,
estoppel, former recovery, discharge in bankruptcy, and all other matter by way of
confession and avoidance.

Sec. 6. Counterclaim.— A counterclaim is any claim for money or other relief which
a defending party may have against an opposing party. A counterclaim need not
diminish or defeat the recovery sought by the opposing party, but may claim relief
exceeding in amount or different in kind from that sought by the opposing party's
claim.

Sec. 7. Cross-claim. — A cross-claim is any claim by one party against a co-party

arising out of the transaction or occurrence that is the subject matter either of the
original action or of a counterclaim therein. Such cross-claim may include a claim
that the party against whom it is asserted is or may be liable to the cross-claimant
for all or part of a claim asserted in the action against the cross-claimant.

Sec. 8. Counterclaim or cross-claim in the answer. — The answer may contain any
counterclaim or cross-claim which a party may have at the time against the
opposing party or a co-defendant, provided that the court has jurisdiction to
entertain the claim and can, if the presence of third parties is essential for its
adjudication, acquire jurisdiction of such parties.

Sec. 9. Counter claim or cross-claim arising after answer. — A counterclaim or a

cross-claim which either matured or was acquired by a party after serving his
pleading may, with the permission of the court, be presented as a counterclaim or a
cross-claim by supplemental pleading before judgment.

Sec. 10. Answer to counterclaim or cross-claim required. — A counterclaim or cross-

claim must be answered, and failure to do so will constitute a default under Rule
18. The party filing such answer may plead therein a counterclaim or cross-claim.

Sec. 11. Reply.— A reply is a pleading, the office or function of which is to deny, or
allege facts in denial or avoidance of new matters alleged by way of defense in the
answer and thereby join or make issue as to such new matters. If a party does not
file such reply, all the new matters alleged in the answer are deemed
controverted.If the plaintiff wishes to interpose any claims arising out of the new
matters so alleged, such claims shall be set forth in an amended or supplemental
complaint.

Sec. 12. Third-party complaint.— A third-party complaint is a claim that a defending

party may, with leave of court, file against a person not a party to the action, called
the third-party defendant, for contribution, indemnity, subrogation or any other
relief, in respect of his opponent's claim.

Sec. 13. Fourth, etc., parties.— A third-party defendant may proceed under this rule
against any person not a party to the action who is or may be liable to him or to the
third-party plaintiff for all or part of the claim made in the action against the third-
party defendant.

Sec. 14. Bringing new parties.— When the presence of parties other than those to
the original action is required for the granting of complete relief in the
determination of a counterclaim or cross-claim, the court shall order them to be
brought in as defendants, if jurisdiction over them can be obtained.

Sec. 15. Liberal construction.— All pleadings shall be liberally construed so as to do

substantial justice.

Rule 7
FORMAL REQUIREMENTS OF PLEADINGS

Section 1. Caption.— Each pleading shall contain a caption setting forth the name
of the court, the title of the action, the file number if assigned and a designation of
the pleading.
Sec. 2. Title.— In the complaint the title of the action shall include the names of all
the parties; but in other pleadings it shall be sufficient if the name of the first party
on each side be stated with an appropriate indication when there are other parties.

Sec. 3. Paragraphs.— Every pleading shall be divided into paragraphs so numbered

as to be readily identified, each of which shall contain a statement of a single set of
circumstances so far as that can be done with convenience. A paragraph may be
referred to by a number in all succeeding pleadings.
Sec. 4. Headings.— When two or more causes of action are joined, the statement of
the first shall be prefaced by the words "first cause of action," of the second by
"second cause of action," and so on for the others.When one or more paragraphs in
the answer are addressed to one of several causes of action in the complaint they
shall be prefaced by the words "answer to the first cause of action" or "answer to
the second cause of action" and so on; and when one or more paragraphs of the
answer are addressed to several causes of action they shall be prefaced by words
to that effect.

Sec. 5. Signature and address.— Every pleading of a party represented by an

attorney shall be signed by at least one attorney of record in his individual name,
whose address shall be stated. A party who is not represented by an attorney shall
sign his pleading and state his address. Except when otherwise specifically
provided by rule or statute, pleadings need not be verified or accompanied by
affidavit. The signature of an attorney constitutes a certificate by him that he has
read the pleading; that to the best of his knowledge, information, and belief there is
good ground to support it; and that it is not interposed for delay. If a pleading is
not signed or is signed with intent to defeat the purpose of this rule, it may be
stricken out as sham and false and the action may proceed as though the pleading
had not been served. For a willful violation of this rule an attorney may be
subjected to appropriate disciplinary action. Similar action may be taken if
scandalous or indecent matter is inserted.

Sec. 6. Verification.—A pleading is verified only by an affidavit stating that the

person verifying has read the pleading and that the allegations thereof are true of
his own knowledge.Verifications based on "information and belief," or upon
"knowledge, information and belief" shall be deemed insufficient.

Rule 8
ALLEGATIONS IN PLEADINGS

Section 1. In general. —Every pleading shall contain in a methodical and logical

form, a plain, concise and direct statement of the ultimate facts on which the party
pleading- relies for his claim or defense, as the case may be, omitting the
statement of mere evidentiary facts.
Sec. 2. Alternative causes of action or defenses. — A party may set forth two or
more statements of a claim or defense alternatively or hypothetically, either in one
cause of action or defense or in separate causes of action or defenses. When two
or more statements are made in the alternative and one of them if made
independently would be sufficient, the pleading is not made insufficient of the
insufficiency of one or more of the alternative statements.

Sec. 3. Conditions precedent.— In any pleading a general averment of the

performance or occurrence of all conditions precedent shall be sufficient.

Sec. 4. Capacity.— Facts showing the capacity of a Party to sue or be sued or the
authority of a party to sue or be sued in a representative capacity or the legal
existence of an organized association of persons that is made a party, must be
averred. A party desiring to raise an issue as to the legal existence of any party or
the capacity of any party to sue or be sued in a representative capacity, shall do so
by specific denial, which shall include such supporting particulars as are peculiarly
within the pleader's knowledge.
Sec. 5. Fraud, mistake, condition of the mind. — In all averments of fraud or mistake,
the circumstances constituting fraud or mistake must be stated with particularity.
Malice, intent, knowledge or other condition of mind of a person may be averred
generally.

Sec. 6. Judgment.— In pleading a judgment or decision of a domestic or foreign

court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to
aver the judgment or decision without setting forth matter showing jurisdiction to
render it.

Sec. 7. Action or defense based on document. — Whenever an action or defense is

based upon a written instrument or document, the substance of such instrument or
document shall be set forth in the pleading, and the original or a copy thereof shall
be attached to the pleading as an exhibit, which shall be deemed to be a part of the
pleading, or said copy may with like effect be set forth in the pleading.

Sec. 8. How to contest genuineness of such documents. — When an action or

defense is founded upon a written instrument, copied in or attached to the
corresponding pleading as provided in the preceding section, the genuineness and
due execution of the instrument shall be deemed admitted unless the adverse
party, under oath, specifically denies them, and sets forth what he claims to be the
facts; but this provision does not apply when the adverse party does not appear to
be a party to the instrument or when compliance with an order for an inspection of
the original instrument is refused.

Sec. 9. Official document or act.— In pleading an official document or official act it

is sufficient to aver that the document was issued or the act done in compliance
with law.

Sec. 10. Specific denial.— The defendant must specify each material allegation of
fact the truth of which he does not admit and, whenever practicable, shall set forth
the substance of the matters which he will rely upon to support his denial. Where
a pleader desires to deny only a part or a qualification of an averment, he shall
specify so much of it as is true and material and shall; deny only the remainder.
Where the defendant is without knowledge or information sufficient to form a belief
as to the truth of a material averment made in the complaint, he shall so state, and
this shall have the effect of a denial.

Rule 9
EFFECT OF PLEADINGS

Section 1. Allegations not specifically denied deemed admitted.— Material

averment in the complaint, other than those as to the amount of damage, shall be
deemed admitted when not specifically denied. Allegations of usury are deemed
admitted if not denied specifically and under oath.
Sec. 2. Defenses and objections not pleaded deemed waived. — Defenses and
objections not pleaded either in a motion to dismiss or in the answer are deemed
waived; except the failure to state a cause of action which may be alleged in a later
pleading, if one is permitted, or by motion for judgment on the pleadings, or at the
trial on the merits; but in the last instance, the motion shall be disposed of as
provided in section 5 of Rule 10 in the light of any evidence which may have been
received. Whenever it appears that the court has no jurisdiction over the subject-
matter, it shall dismiss the action.

Sec. 3. Omission of counterclaim or cross-claim. — When pleader fails to set up a

counterclaim or a cross-claim through oversight, inadvertence, or excusable
neglect, or justice requires, he may, by leave of court, set up the counterclaim or
cross-claim by amendment before judgment.

Sec. 4. Counterclaim or cross-claim not set up barred. — A counterclaim or cross-

claim not set up shall be barred if it arises out of or is necessarily connected with,
the transaction or occurrence that is the subject-matter of the opposing party's or
co-party's claim and does not require for its adjudication the presence of third
parties of whom the court cannot acquire jurisdiction.

Sec. 5. Striking out of pleading or matter contained therein. — Upon motion made by
a party before responding to a pleading or, if no responsive pleading is permitted by
these rules, upon motion made by a party within twenty (20) days after the service
of the pleading upon him, or upon the court's own initiative at any time, the court
may order any pleading to be stricken out or that any sham or false, redundant,
immaterial, impertinent, or scandalous matter be stricken out therefrom.

Rule 10AMENDED AND SUPPLEMENTAL PLEADINGS

Section 1. Amendments in general.— Pleadings may be amended by adding or
striking out an allegation or the name of any party, or by correcting a mistake in the
name of a party or a mistaken or inadequate allegation or description in any other
respect, so that the actual merits of the controversy may speedily be determined,
without regard to technicalities, and in the most expeditious and inexpensive
manner.
Sec. 2. When amendments allowed as a matter of right. — A party may amend his
pleading once as a matter of course at any time before a responsive pleading is
served or, if the pleading is one to which no responsive pleading is permitted and
the action has not been placed upon the trial calendar, he may so amend it at any
time within ten (10) days after it is served.

Sec. 3. Amendments by leave of court. — After the case is set for hearing,
substantial amendments may be made only upon leave of court. But such leave
may foe refused if it appears to the court that the motion was made with intent to
delay the action or that the cause of action or defense is substantially altered.
Orders of the court upon the matters provided in this section shall be made upon
motion filed in court, and after notice to the adverse party, and an opportunity to be
heard.

Sec. 4. Formal amendments.—A defect in the designation of the parties may be

summarily corrected at any stage of the action provided no prejudice is caused
thereby to the adverse party.

Sec. 5. Amendment to conform to or authorize presentation of evidence. — When

issues not raised by the pleadings are tried by express or implied consent of the
parties, they shall be treated in all respects, as if they had been raised in the
pleadings. Such amendment of the pleadings as may be necessary to cause them
to conform to the evidence and to raise these issues may be made upon motion of
any party at any time, even after judgment; but failure so to amend does not affect
the result of the trial of these issues. If evidence is objected to at the trial on the
ground that it is not within the issues made by the pleadings, the court may allow
the pleadings to be amended and shall do so freely when the presentation of the
merits of the action will be subserved thereby and the objecting party fails to
satisfy the court that the admission of such evidence would prejudice him in
maintaining his action or defense upon the merits. The court may grant a
continuance to enable the objecting Party to meet such evidence.

Sec. 6. Matters subject of supplemental pleadings. — Upon motion of a party the

court may, upon reasonable notice and upon such terms as are just, permit him to
serve a supplemental pleading setting forth transactions, occurrence or events
which have happened since the date of the pleading sought ,to be supplemented.
If the court deems it advisable that the adverse party should plead thereto, it shall
so order, specifying the time therefor.

Sec. 7. Filing of amended pleadings.— When any pleading is amended, a new copy
of the pleading, incorporating the amendments, which shall be indicated by
appropriate marks, shall be filed with the clerk of the court.