RULE 67 EXPROPRIATION Section 1. The complaint.

The right of eminent domain shall be exercised by the filing of a verified complaint which shall state with certainty the right and purpose of expropriation, describe the real or personal property sought to be expropriated, and join as defendants all persons owning or claiming to own, or occupying, any part thereof or interest therein, showing, so far as practicable, the separate interest of each defendant. If the title to any property sought to be expropriated appears to be in the Republic of the hilippines, although occupied by private individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners, averment to that effect shall be made in the complaint. Sec. !. "ntry of plaintiff upon depositing value with authori#ed government depositary. $pon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the right to ta%e or enter upon the possession of the real property involved if he deposits with the authori#ed government depositary an amount e&uivalent to the assessed value of the property for purposes of taxation to be held by such
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ban% subject to the orders of the court. Such deposit shall be in money, unless in lieu thereof the court authori#es the deposit of a certificate of deposit of a government ban% of the Republic of the hilippines payable on demand to the authori#ed government depositary. If personal property is involved, its value shall be provisionally ascertained and the amount to be deposited shall be promptly fixed by the court. 'fter such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property involved and promptly submit a report thereof to the court with service of copies to the parties. Sec. (. )efenses and objections. If a defendant has no objection or defense to the action or the ta%ing of his property, he may file and serve a notice of appearance and a manifestation to that effect, specifically designating or identifying the property in which he claims to be interested, within the time stated in the summons. Thereafter, he shall be entitled to notice of all proceedings affecting the same. If a defendant has any objection to the filing of or the allegations in the complaint, or any objection or defense to the ta%ing of his property, he shall serve his answer within the time stated in the summons.

The answer shall specifically designate or identify the property in which he claims to have an interest, state the nature and extent of the interest claimed, and adduce all his objections and defenses to the ta%ing of his property. *o counterclaim, cross+claim or third+ party complaint shall be alleged or allowed in the answer or any subse&uent pleading. ' defendant waives all defenses and objections not so alleged but the court, in the interest of justice, may permit amendments to the answer to be made not later than ten ,1-. days from the filing thereof. /owever, at the trial of the issue of just compensation, whether or not a defendant has previously appeared or answered, he may present evidence as to the amount of the compensation to be paid for his property, and he may share in the distribution of the award. Sec. 0. 1rder of expropriation. If the objections to and the defenses against the right of the plaintiff to expropriate the property are overruled, or when no party appears to defend as re&uired by this Rule, the court may issue an order of expropriation declaring that the plaintiff has a lawful right to ta%e the property sought to be expropriated, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the ta%ing of the property or the filing of the complaint, whichever came first.
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' final order sustaining the right to expropriate the property may be appealed by any party aggrieved thereby. Such appeal, however, shall not prevent the court from determining the just compensation to be paid. 'fter the rendition of such an order, the plaintiff shall not be permitted to dismiss or discontinue the proceeding except on such terms as the court deems just and e&uitable. Sec. 2. 'scertainment of compensation. $pon the rendition of the order of expropriation, the court shall appoint not more than three ,(. competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be ta%en. The order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within which their report shall be submitted to the court. 3opies of the order shall be served on the parties. 1bjections to the appointment of any of the commissioners shall be filed with the court within ten ,1-. days from service, and shall be resolved within thirty ,(-. days after all the commissioners shall have received copies of the objections. Sec. 4. roceedings by commissioners.

5efore entering upon the performance of their duties, the commissioners shall ta%e and subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. "vidence may be introduced by either party before the commissioners who are authori#ed to administer oaths on hearings before them, and the commissioners shall, unless the parties consent to the contrary, after due notice to the parties to attend, view and examine the property sought to be expropriated and its surroundings, and may measure the same, after which either party may, by himself or counsel, argue the case. The commissioners shall assess the conse&uential damages to the property not ta%en and deduct from such conse&uential damages the conse&uential benefits to be derived by the owner from the public use or purpose of the property ta%en, the operation of its franchise by the corporation or the carrying on of the business of the corporation or person ta%ing the property. 5ut in no case shall the conse&uential benefits assessed exceed the conse&uential damages assessed, or the owner be deprived of the actual value of his property so ta%en. Sec. 6. Report by commissioners and judgment thereupon. The court may order the commissioners to report when any particular portion of the real estate shall have been passed upon by them, and may render judgment upon such partial report, and direct the
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commissioners to proceed with their wor% as to subse&uent portions of the property sought to be expropriated, and may from time to time so deal with such property. The commissioners shall ma%e a full and accurate report to the court of all their proceedings, and such proceedings shall not be effectual until the court shall have accepted their report and rendered judgment in accordance with their recommendations. "xcept as otherwise expressly ordered by the court, such report shall be filed within sixty ,4-. days from the date the commissioners were notified of their appointment, which time may be extended in the discretion of the court. $pon the filing of such report, the cler% of the court shall serve copies thereof on all interested parties, with notice that they are allowed ten ,1-. days within which to file objections to the findings of the report, if they so desire. Sec. 7. 'ction upon commissioners8 report. $pon the expiration of the period of ten ,1-. days referred to in the preceding section, or even before the expiration of such period but after all the interested parties have filed their objections to the report or their statement of agreement therewith, the court may, after hearing, accept the report and render judgment in accordance therewith9 or, for cause shown, it may recommit the same to the commissioners for further report of facts9 or it may set aside the report and appoint new commissioners9 or it may accept the report in part and reject it in

part9 and it may ma%e such order or render such judgment as shall secure to the plaintiff the property essential to the exercise of his right of expropriation, and to the defendant just compensation for the property so ta%en. Sec. :. $ncertain ownership9 conflicting claims. If the ownership of the property ta%en is uncertain, or there are conflicting claims to any part thereof, the court may order any sum or sums awarded as compensation for the property to be paid to the court for the benefit of the person adjudged in the same proceeding to be entitled thereto. 5ut the judgment shall re&uire the payment of the sum or sums awarded to either the defendant or the court before the plaintiff can enter upon the property, or retain it for the public use or purpose if entry has already been made. Sec. 1-. Rights of plaintiff after judgment and payment. $pon payment by the plaintiff to the defendant of the compensation fixed by the judgment, with legal interest thereon from the ta%ing of the possession of the property, or after tender to him of the amount so fixed and payment of the costs, the plaintiff shall have the right to enter upon the property expropriated and to appropriate it for the public use or purpose defined in the judgment, or to retain it should he have ta%en immediate possession thereof under the provisions of section ! hereof. If the
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defendant and his counsel absent themselves from the court, or decline to receive the amount tendered, the same shall be ordered to be deposited in court and such deposit shall have the same effect as actual payment thereof to the defendant or the person ultimately adjudged entitled thereto. Sec. 11. "ntry not delayed by appeal9 effect of reversal. The right of the plaintiff to enter upon the property of the defendant and appropriate the same for public use or purpose shall not be delayed by an appeal from the judgment. 5ut if the appellate court determines that plaintiff has no right of expropriation, judgment shall be rendered ordering the Regional Trial 3ourt to forthwith enforce the restoration to the defendant of the possession of the property, and to determine the damages which the defendant sustained and may recover by reason of the possession ta%en by the plaintiff. Sec. 1!. 3osts, by whom paid. The fees of the commissioners shall be taxed as a part of the costs of the proceedings. 'll costs, except those of rival claimants litigating their claims, shall be paid by the plaintiff, unless an appeal is ta%en 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. Sec. 1(. Recording judgment, and its effect.

The judgment entered in expropriation proceedings shall state definitely, by an ade&uate description, the particular property or interest therein expropriated, and the nature of the public use or purpose for which it is expropriated. ;hen real estate is expropriated, a certified copy of such judgment shall be recorded in the registry of deeds of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose. Sec. 10. ower of guardian in such proceedings. The guardian or guardian ad litem of a minor or of a person judicially declared to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the expropriation for public use or purpose of property belonging to such minor or person judicially declared to be incompetent, which such minor or person judicially declared to be incompetent could do in such proceedings if he were of age or competent.

RULE 68 FORECLOSURE OF REAL ESTATE MORTGAGE Section 1. 3omplaint in action for foreclosure. In an action for the foreclosure of a mortgage or other encumbrance upon real estate, the complaint shall set forth the date and due execution of the mortgage9 its assignments, if any9 the names and residences of the mortgagor and the mortgagee9 a description of the mortgaged property9 a statement of the date of the note or other documentary evidence of the obligation secured by the mortgage, the amount claimed to be unpaid thereon9 and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgage, all of whom shall be made defendants in the action. Sec. !. <udgment on foreclosure for payment or sale. If upon the trial in such action the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and other charges as approved by the court, and costs, and shall render judgment for the sum so found due and order that the same be paid to the court or to the judgment obligee within a period of not less than ninety ,:-. days nor more than one hundred twenty
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,1!-. days from the entry of judgment, and that in default of such payment the property shall be sold at public auction to satisfy the judgment. Sec. (. Sale of mortgaged property9 effect. ;hen the defendant, after being directed to do so as provided in the next preceding section, fails to pay the amount of the judgment within the period specified therein, the court, upon motion, shall order the property to be sold in the manner and under the provisions of Rule (: and other regulations governing sales of real estate under execution. Such sale shall not affect the rights of persons holding prior encumbrances upon the property or a part thereof, and when confirmed by an order of the court, also upon motion, it shall operate to divest the rights in the property of all the parties to the action and to vest their rights in the purchaser, subject to such rights of redemption as may be allowed by law. $pon the finality of the order of confirmation or upon the expiration of the period of redemption when allowed by law, the purchaser at the auction sale or last redemptioner, if any, shall be entitled to the possession of the property unless a third party is actually holding the same adversely to the judgment obligor. The said purchaser or last redemptioner may secure a writ of possession, upon motion, from the court which ordered the foreclosure. Sec. 0. )isposition of proceeds of sale.

The amount reali#ed from the foreclosure sale of the mortgaged property shall, after deducting the costs of the sale, be paid to the person foreclosing the mortgage, and when there shall be any balance or residue, after paying off the mortgage debt due, the same shall be paid to junior encumbrancers in the order of their priority, to be ascertained by the court, or if there be no such encumbrancers or there be a balance or residue after payment to them, then to the mortgagor or his duly authori#ed agent, or to the person entitled to it. Sec. 2. /ow sale to proceed in case the debt is not all due. If the debt for which the mortgage or encumbrance was held is not all due as provided in the judgment, as soon as a sufficient portion of the property has been sold to pay the total amount and the costs due, the sale shall terminate9 and afterwards, as often as more becomes due for principal or interest and other valid charges, the court may, on motion, order more to be sold. 5ut if the property cannot be sold in portions without prejudice to the parties, the whole shall be ordered to be sold in the first instance, and the entire debt and costs shall be paid, if the proceeds of the sale be sufficient therefor, there being a rebate of interest where such rebate is proper. Sec. 4. )eficiency judgment.
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If upon the sale of any real property as provided in the next preceding section there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall render judgment against the defendant for any such balance for which, by the record of the case, he may be personally liable to the plaintiff, upon which execution may issue immediately if the balance is all due at the time of the rendition of the judgment9 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. Sec. 6. Registration. ' certified copy of the final order of the court confirming the sale shall be registered in the registry of deeds. If no right of redemption exists, the certificate of title in the name of the mortgagor shall be cancelled, and a new one issued in the name of the purchaser. ;here a right of redemption exists, the certificate of title in the name of the mortgagor shall not be cancelled, but the certificate of sale and the order confirming the sale shall be registered and a brief memorandum thereof made by the registrar of deeds upon the certificate of title. In the event the property is redeemed, the deed of redemption shall be registered with the registry of deeds, and a brief memorandum thereof shall be made by the registrar of deeds on said certificate of title.

If the property is not redeemed, the final deed of sale executed by the sheriff in favor of the purchaser at the foreclosure sale shall be registered with the registry of deeds9 whereupon the certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaser. Sec. 7. 'pplicability of other provisions. The provisions of sections (1, (! and (0 of Rule (: shall be applicable to the judicial foreclosure of real estate mortgages under this Rule insofar as the former are not inconsistent with or may serve to supplement the provisions of the latter.

RULE 69 PARTITION Section 1. 3omplaint in action for partition of real estate. ' person having the right to compel the partition of real estate may do so as provided in this Rule, setting forth in his complaint the nature and extent of his title and an ade&uate description of the real estate of which partition is demanded and joining as defendants all other persons interested in the property. Sec. !. 1rder for partition, and partition by agreement thereunder. If after the trial the court finds that the plaintiff has the right thereto, it shall order the partition of the real estate among all the parties in interest. Thereupon the parties may, if they are able to agree, ma%e the partition among themselves by proper instruments of conveyance, and the court shall confirm the partition so agreed upon by all the parties, and such partition, together with the order of the court confirming the same, shall be recorded in the registry of deeds of the place in which the property is situated. ' final order decreeing partition and accounting may be appealed by any party aggrieved thereby.
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Sec. (. 3ommissioners to ma%e partition when parties fail to agree. If the parties are unable to agree upon the partition, the court shall appoint not more than three ,(. competent and disinterested persons as commissioners to ma%e 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. Sec. 0. 1ath and duties of commissioners. 5efore ma%ing such partition, the commissioners shall ta%e and subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. In ma%ing the partition, the commissioners shall view and examine the real estate, after due notice to the parties to attend at such view and examination, and shall hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof, and shall set apart the same to the parties in lots or parcels as will be most advantageous and e&uitable, having due regard to the improvements, situation and &uality of the different parts thereof. Sec. 2. 'ssignment or sale of real estate by commissioners. ;hen it is made to appear to the commissioners that the real estate, or a portion thereof, cannot be divided without prejudice to the interests of the

parties, the court may order it assigned to one of the parties willing to ta%e the same, provided he pays to the other parties such amounts as the commissioners deem e&uitable, unless one of the interested parties as%s that the property be sold instead of being so assigned, in which case the court shall order the commissioners to sell the real estate at public sale under such conditions and within such time as the court may determine. Sec. 4. Report of commissioners9 proceedings not binding until confirmed. The commissioners shall ma%e a full and accurate report to the court of all their proceedings as to the partition, or the assignment of real estate to one of the parties, or the sale of the same. $pon the filing of such report, the cler% of court shall serve copies thereof on all the interested parties with notice that they are allowed ten ,1-. days within which to file objections to the findings of the report, if they so desire. *o proceeding had before or conducted by the commissioners shall pass the title to the property or bind the parties until the court shall have accepted the report of the commissioners and rendered judgment thereon. Sec. 6. 'ction of the court upon commissioners8 report. $pon the expiration of the period of ten ,1-. days referred to in the preceding section, or even before the expiration of such period but after the interested
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parties have filed their objections to the report or their statement of agreement therewith, the court may, upon hearing, accept the report and render judgment in accordance therewith9 or, for cause shown, recommit the same to the commissioners for further report of facts9 or set aside the report and appoint new commissioners9 or accept the report in part and reject it in part9 and may ma%e such order and render such judgment as shall effectuate a fair and just partition of the real estate, or of its value, if assigned or sold as above provided, between the several owners thereof. Sec. 7. 'ccounting for rent and profits in action for partition. In an action for partition in accordance with this Rule, a party shall recover from another his just share of rents and profits received by such other party from the real estate in &uestion, and the judgment shall include an allowance for such rents and profits. Sec. :. ower of guardian in such proceedings. The guardian or guardian ad litem of a minor or person judicially declared to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the partition of real estate, which the minor or person judicially declared to be incompetent could do in partition proceedings if he were of age or competent.

Sec. 1-. 3osts and expenses to be taxed and collected. The court shall e&uitably tax and apportion between or among the parties the costs and expenses which accrue in the action, including the compensation of the commissioners, having regard to the interests of the parties, and execution may issue therefor as in other cases. Sec. 11. The judgment and its effect9 copy to be recorded in registry of deeds. If actual partition of property is made, the judgment shall state definitely, by metes and bounds and ade&uate description, the particular portion of the real estate assigned to each party, and the effect of the judgment shall be to vest in each party to the action in severalty the portion of the real estate assigned to him. If the whole property is assigned to one of the parties upon his paying to the others the sum or sums ordered by the court, the judgment shall state the fact of such payment and of the assignment of the real estate to the party ma%ing the payment, and the effect of the judgment shall be to vest in the party ma%ing the payment the whole of the real estate free from any interest on the part of the other parties to the action. If the property is sold and the sale confirmed by the court, the judgment shall state the name of the purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser, and the effect of the judgment shall be to vest the real estate in the purchaser or
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purchasers ma%ing the payment or payments, free from the claims of any of the parties to the action. ' certified copy of the judgment shall in either case be recorded in the registry of deeds of the place in which the real estate is situated, and the expenses of such recording shall be taxed as part of the costs of the action. Sec. 1!. *either paramount rights nor amicable partition affected by this Rule. *othing 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 made9 nor so as to restrict or prevent persons holding real estate jointly or in common from ma%ing an amicable partition thereof by agreement and suitable instruments of conveyance without recourse to an action. Sec. 1(. artition 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. ;ho 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 deprivation or withholding of possession, bring an action in the proper =unicipal Trial 3ourt against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs. Sec. !. >essor to proceed against lessee only after demand. $nless otherwise stipulated, such action by the lessor shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee, or by serving written notice of such demand upon the person found on the premises, or by posting such notice on the premises if
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no person be found thereon, and the lessee fails to comply therewith after fifteen ,12. days in the case of land or five ,2. days in the case of buildings. Sec. (. Summary procedure. "xcept in cases covered by the agricultural tenancy laws or when the law otherwise expressly provides, all actions for forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered, shall be governed by the summary procedure hereunder provided. Sec. 0. leadings allowed. The only pleadings allowed to be filed are the complaint, compulsory counterclaim and cross+claim pleaded in the answer, and the answers thereto. 'll pleadings shall be verified. Sec. 2. 'ction on complaint. The court may, from an examination of the allegations in the complaint and such evidence as may be attached thereto, dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent therein. If no ground for dismissal is found, it shall forthwith issue summons. Sec. 4. 'nswer. ;ithin ten ,1-. days from service of summons, defendant shall file his answer to the complaint serve a copy thereof on the plaintiff. 'ffirmative negative defenses not pleaded therein shall the and and be

deemed waived, except lac% of jurisdiction over the subject matter. 3ross+claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or cross+claims shall be served and filed within ten ,1-. days from service of the answer in which they are pleaded. Sec. 6. "ffect of failure to answer. Should the defendant fail to answer the complaint within the period above provided, the court, motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein. The court may in its discretion reduce the amount of damages and attorney8s fees claimed for being excessive or otherwise unconscionable, without prejudice to the applicability of section ( ,c., Rule : if there are two or more defendants. Sec. 7. reliminary conference9 appearance of parties. *ot later than thirty ,(-. days after the last answer is filed, a preliminary conference shall be held. The provisions of Rule 17 on pre+trial shall be applicable to the preliminary conference unless inconsistent with the provisions of this Rule. The failure of the plaintiff to appear in the preliminary conference shall be cause for the dismissal of his complaint. The defendant who
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appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with the next preceding section. 'll cross+ claims shall be dismissed. If a sole defendant shall fail to appear, the plaintiff shall li%ewise be entitled to judgment in accordance with the next preceding section. This procedure shall not apply where one of two or more defendants sued under a common cause of action who had pleaded a common defense shall appear at the preliminary conference. *o postponement of the preliminary conference shall be granted except for highly meritorious grounds and without prejudice to such sanctions as the court in the exercise of sound discretion may impose on the movant. Sec. :. Record of preliminary conference. ;ithin five ,2. days after the termination of the preliminary conference, the court shall issue an order stating the matters ta%en up therein, including but not limited to? 1. ;hether the parties have arrived at an amicable settlement, and if so, the terms thereof9 !. The stipulations or admissions entered into by the parties9

(. ;hether, on the basis of the pleadings and the stipulations and admissions made by the parties, judgment may be rendered without the need of further proceedings, in which event the judgment shall be rendered within thirty ,(-. days from issuance of the order9 0. ' clear specification of material facts which remain controverted9 and 2. Such other matters intended to expedite the disposition of the case. Sec. 1-. Submission of affidavits and position papers. ;ithin ten ,1-. days from receipt of the order mentioned in the next preceding section, the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position papers setting forth the law and the facts relied upon by them. Sec. 11. eriod for rendition of judgment. ;ithin thirty ,(-. days after receipt of the affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment. /owever, should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and re&uire the parties to submit affidavits or other evidence on the said matters within ten ,1-. days
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from receipt of said order. <udgment shall be rendered within fifteen ,12. days after the receipt of the last affidavit or the expiration of the period for filing the same. The court shall not resort to the foregoing procedure just to gain time for the rendition of the judgment. Sec. 1!. Referral for conciliation. 3ases re&uiring referral for conciliation, where there is no showing of compliance with such re&uirement, shall be dismissed without prejudice, and may be revived only after that re&uirement shall have been complied with. Sec. 1(. rohibited pleadings and motions. The following petitions, motions, or pleadings shall not be allowed? 1. =otion to dismiss the complaint except on the ground of lac% of jurisdiction over the subject matter, or failure to comply with section 1!9 !. =otion for a bill of particulars9 (. =otion for new trial, or for reconsideration of a judgment, or for reopening of trial9 0. etition for relief from judgment9 2. =otion for extension of time to file pleadings, affidavits or any other paper9

4. =emoranda9 6. etition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court9 7. =otion to declare the defendant in default9 :. )ilatory motions for postponement9 1-. Reply9 11. Third+party complaints9 1!. Interventions. Sec. 10. 'ffidavits. The affidavits re&uired to be submitted under this Rule shall state only facts of direct personal %nowledge of the affiants which are admissible in evidence, and shall show their competence to testify to the matters stated therein. ' violation of this re&uirement may subject the party or the counsel who submits the same to disciplinary action, and shall be cause to expunge the inadmissible affidavit or portion thereof from the record. Sec. 12. reliminary injunction. The court may grant preliminary injunction, in accordance with the provisions of Rule 27 hereof, to
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prevent the defendant from committing further acts of dispossession against the plaintiff. ' possessor deprived of his possession through forcible entry or unlawful detainer may, within five ,2. days from the filing of the complaint, present a motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary mandatory injunction to restore him in his possession. The court shall decide the motion within thirty ,(-. days from the filing thereof. Sec. 14. Resolving defense of ownership. ;hen the defendant raises the defense of ownership in his pleadings and the &uestion of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession. Sec. 16. <udgment. If after trial the court finds that the allegations of the complaint are true, it shall render judgment in favor of the plaintiff for the restitution of the premises, the sum justly due as arrears of rent or as reasonable compensation for the use and occupation of the premises, attorney8s fees and costs. If it finds that said allegations are not true, it shall render judgment for the defendant to recover his costs. If a counterclaim is established, the court shall render judgment for the sum found in arrears from either party and award costs as justice re&uires.

Sec. 17. <udgment conclusive only on possession9 not conclusive in actions involving title or ownership. The judgment rendered in an action for forcible entry or detainer shall be conclusive with respect to the possession only and shall in no wise bind the title or affect the ownership of the land or building. Such judgment shall not bar an action between the same parties respecting title to the land or building. The judgment or final order shall be appealable to the appropriate Regional Trial 3ourt which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda and@or briefs as may be submitted by the parties or re&uired by the Regional Trial 3ourt. Sec. 1:. Immediate execution of judgment9 how to stay same. If judgment is rendered against the defendant, execution shall issue immediately upon motion, unless an appeal has been perfected and the defendant to stay execution files a sufficient supersedeas bond, approved by the =unicipal Trial 3ourt and executed in favor of the plaintiff to pay the rents, damages, and costs accruing down to the time of the judgment appealed from, and unless, during the pendency of the appeal, he deposits with the appellate court the amount of rent due from time to time under the contract, if any, as determined by the judgment of the =unicipal Trial 3ourt. In the absence
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of a contract, he shall deposit with the Regional Trial 3ourt the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined by the judgment of the lower court on or before the tenth day of each succeeding month or period. The supersedeas bond shall be transmitted by the =unicipal Trial 3ourt, with the other papers, to the cler% of the Regional Trial 3ourt to which the action is appealed. 'll amounts so paid to the appellate court shall be deposited with said court or authori#ed government depositary ban%, and shall be held there until the final disposition of the appeal, unless the court, by agreement of the interested parties, or in the absence of reasonable grounds of opposition to a motion to withdraw, or for justifiable reasons, shall decree otherwise. Should the defendant fail to ma%e the 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, shall order the execution of the judgment appealed from with respect to the restoration of possession, but such execution shall not be a bar to the appeal ta%ing its course until the final disposition thereof on the merits. 'fter the case is decided by the Regional Trial 3ourt, any money paid to the court by the defendant for purposes of the stay of execution shall be disposed of in accordance with the provisions of the judgment of

the Regional Trial 3ourt. In any case wherein it appears that the defendant has been deprived of the lawful possession of land or building pending the appeal by virtue of the execution of the judgment of the =unicipal Trial 3ourt, damages for such deprivation of possession and restoration of possession may be allowed the defendant in the judgment of the Regional Trial 3ourt disposing of the appeal. Sec. !-. reliminary mandatory injunction in case of appeal. $pon motion of the plaintiff, within ten ,1-. days from the perfection of the appeal to the Regional Trial 3ourt, the latter may issue a writ of preliminary mandatory injunction to restore the plaintiff in possession if the court is satisfied that the defendant8s appeal is frivolous or dilatory, or that the appeal of the plaintiff is prima facie meritorious. Sec. !1. Immediate execution on appeal to 3ourt of 'ppeals or Supreme 3ourt. The judgment of the Regional Trial 3ourt against the defendant shall be immediately executory, without prejudice to a further appeal that may be ta%en therefrom.

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RULE 71 CONTEMPT Section 1. )irect contempt punished summarily. ' 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 re&uired 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 ,1-. days, or both, if it be a Regional Trial 3ourt or a court of e&uivalent or higher ran%, or by a fine not exceeding two hundred pesos or imprisonment not exceeding one ,1. day, or both, if it be a lower court. Sec. !. Remedy therefrom. The person adjudged in direct contempt by any court may not appeal therefrom, but may avail himself of the remedies of certiorari or prohibition. The execution of the judgment shall be suspended pending resolution of such petition, provided such person files a bond fixed by the court which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him.
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Sec. (. Indirect contempt to be punished after charge and hearing. 'fter a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt? ,a. =isbehavior of an officer of a court in the performance of his official duties or in his official transactions9 ,b. )isobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act of a person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the person adjudged to be entitled thereto9 ,c. 'ny abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule9 ,d. 'ny improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice9

,e. 'ssuming to be an attorney or an officer of a court, and acting as such without authority9 ,f. Aailure to obey a subpoena duly served9 ,g. The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him. 5ut nothing in this section shall be so construed as to prevent the court from issuing process to bring the respondent into court, or from holding him in custody pending such proceedings. Sec. 0. /ow proceedings commenced. roceedings for indirect contempt may be initiated motu proprio by the court against which the contempt was committed by an order or any other formal charge re&uiring the respondent to show cause why he should not be punished for contempt. In all other cases, charges for indirect contempt shall be commenced by a verified petition with supporting particulars and certified true copies of documents or papers involved therein, and upon full compliance with the re&uirements for filing initiatory pleadings for civil actions in the court concerned. If the contempt charges arose out of or are related to a principal action pending in the court, the petition for contempt shall allege that fact but said petition shall be doc%eted, heard and decided separately, unless
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the court in its discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decision. Sec. 2. ;here charge to be filed. ;here the charge for indirect contempt has been committed against a Regional Trial 3ourt or a court of e&uivalent or higher ran%, or against an officer appointed by it, the charge may be filed with such court. ;here such contempt has been committed against a lower court, the charge may be filed with the Regional Trial 3ourt of the place in which the lower court is sitting9 but the proceedings may also be instituted in such lower court subject to appeal to the Regional Trial 3ourt of such place in the same manner as provided in section ! of this Rule. Sec. 4. /earing9 release on bail. If the hearing is not ordered to be had forthwith, the respondent may be released from custody upon filing a bond, in an amount fixed by the court, for his appearance at the hearing of the charge. 1n the day set therefor, the court shall proceed to investigate the charge and consider such comment, testimony or defense as the respondent may ma%e or offer. Sec. 6. unishment for indirect contempt. If the respondent is adjudged guilty of indirect contempt committed against a Regional Trial 3ourt or a court of e&uivalent or higher ran%, he may be punished by a fine not exceeding thirty thousand

pesos or imprisonment not exceeding six ,4. months, or both. If he is adjudged guilty of contempt committed against a lower court, he may be punished by a fine not exceeding five thousand pesos or imprisonment not exceeding one ,1. month, or both. If the contempt consists in the violation of a writ of injunction, temporary restraining order or status &uo order, he may also be ordered to ma%e complete restitution to the party injured by such violation of the property involved or such amount as may be alleged and proved. The writ of execution, as in ordinary civil actions, shall issue for the enforcement of a judgment imposing a fine unless the court otherwise provides. Sec. 7. Imprisonment until order obeyed. ;hen the contempt consists in the refusal or omission to do an act which is yet in the power of the respondent to perform, he may be imprisoned by order of the court concerned until he performs it. Sec. :. roceeding when party released on bail fails to answer. ;hen a respondent released on bail fails to appear on the day fixed for the hearing, the court may issue another order of arrest or may order the bond for his appearance to be forfeited and confiscated, or both9 and, if the bond be proceeded against, the measure of damages shall be the extent of the loss or injury sustained by the aggrieved party by reason of the
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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. Sec. 1-. 3ourt 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. Sec. 11. Review of judgment or final order9 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. 5ut 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 ta%en, conditioned that if the appeal be decided against him he will abide by and perform the judgment or final order. Sec.1!. 3ontempt against &uasi+judicial entities. $nless otherwise provided by law, this Rule shall apply to contempt committed against persons, entities, bodies or agencies exercising &uasi+judicial functions, or shall have suppletory effect to such rules as they may have adopted pursuant to authority granted to them by law to punish for contempt. The

Regional Trial 3ourt of the place wherein the contempt has been committed shall have jurisdiction over such charges as may be filed therefor.

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