ARCP

RULE 9
EFFECT OF FAILURE TO PLEAD
Section 1. Defenses and objections not pleaded. – Defenses and objections not pleaded either in a motion to
dismiss or in the answer are deemed waived. However, when it appears from the pleadings or the evidence on record
that the court has no jurisdiction over the subject matter, that there is another action pending between the same
parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall
dismiss the claim. (1)

Section 2. Compulsory counterclaim, or cross-claim, not set up barred. – A compulsory counterclaim, or a

cross-claim, not set up shall be barred. (2)

Section 3. Default; [d]eclaration of. – If the defending party fails to answer within the time allowed therefor, the
court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare
the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such
relief as his or her pleading may warrant, unless the court in its discretion requires the claimant to submit evidence.
Such reception of evidence may be delegated to the clerk of court.

(a) Effect of order of default. – A party in default shall be entitled to notice[s] of subsequent proceedings but shall
not to take part in the trial.
(b) Relief from order of default. – A party declared in default may at any time after notice thereof and before
judgment, file a motion under oath to set aside the order of default upon proper showing that his or her failure to
answer was due to fraud, accident, mistake or excusable negligence and that he or she has a meritorious defense.
In such case, the order of default may be set aside on such terms and conditions as the judge may impose in the
interest of justice.
(c) Effect of partial default. – When a pleading asserting a claim states a common cause of action against several
defending parties, some of whom answer and the others fail to do so, the court shall try the case against all upon the
answers thus filed and render judgment upon the evidence presented.
(d) Extent of relief to be awarded. – A judgment rendered against a party in default shall [neither] exceed the
amount or be different in kind from that prayed for nor award unliquidated damages.
(e) Where no defaults allowed. – If the defending party in action for annulment or declaration of nullity of
marriage or for legal separation fails to answer, the court shall order the Solicitor General or his or her deputized
public prosecutor, to investigate whether or not a collusion between the parties exists, and if there is no collusion, to
intervene for the State in order to see to it that the evidence submitted is not fabricated. (3a)

RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
Section 1. Answer to the complaint. – The defendant shall file his or her answer to the complaint within thirty (30)
calendar days after service of summons, unless a different period is fixed by the court. (1a)

Section 11. Extension of time to file an answer. – A defendant may, for meritorious reasons, be granted an
additional period of not more than thirty (30) calendar days to file an answer. A defendant is only allowed to file one
(1) motion for extension of time to file an answer.

A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere scrap of
paper. The court, however, may allow any other pleading to be filed after the time fixed by these Rules. (11a)

RULE 8
Section 12. Affirmative defenses. – (a) A defendant shall raise his or her affirmative defenses in his or her
answer, which shall be limited to the reasons set forth under Section 5(b), Rule 6, and the following grounds:
1. That the court has no jurisdiction over the person of the defending party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to sue;
4. That the pleading asserting the claim states no cause of action; and

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5. That a condition precedent for filing the claim has not been complied with.
(b) Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof. (c)
The court shall motu proprio resolve the above affirmative defenses within thirty (30) calendar days from the
filing of the answer.
(d) As to the other affirmative defenses under the first paragraph of Section 5(b), Rule 6, the court may
conduct a summary hearing within fifteen (15) calendar days from the filing of the answer. Such affirmative
defenses shall be resolved by the court within thirty (30) calendar days from the termination of the summary
hearing.
(e) Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for
certiorari, prohibition or mandamus, but may be among the matters to be raised on appeal after a judgment on
the merits. (n)

RULE 15
MOTIONS
Section 4. Non-litigious motions. – Motions which the court may act upon without prejudicing the rights of adverse
parties are non-litigious motions. These motions include: AS-EA-P-WE-AWE-WP-OSE-O

a) Motion for the issuance of an alias summons;

b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
h) Other similar motions.
These motions shall not be set for hearing and shall be resolved by the court within five (5) calendar days from
receipt thereof. (n)

Section 5. Litigious motions. – (a) Litigious motions include: BP-D-N-R-EPA-AR-CS-OWD-I-JP-SJ-DE-DD-O

1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive pleading has been filed;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of demolition;
9) Motion for intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in default; and
14) Other similar motions.
(b) All motions shall be served by personal service, accredited private courier or registered mail, or electronic means
so as to ensure their receipt by the other party.
(c) The opposing party shall file his or her opposition to a litigious motion within five (5) calendar days from receipt
thereof. No other submissions shall be considered by the court in the resolution of the motion.
The motion shall be resolved by the court within fifteen (15) calendar days from its receipt of the opposition thereto,
or upon expiration of the period to file such opposition. (n)

RULE 18
PRE-TRIAL

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Section 1. When conducted. – After the last responsive pleading has been served and filed, the branch clerk of
court shall issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set not later than sixty
(60) calendar days from the filing of the last responsive pleading. (1a)

Section 4. Appearance of [p]arties. – It shall be the duty of the parties and their counsel to appear at the pre-trial,
court-annexed mediation, and judicial dispute resolution, if necessary. The non-appearance of a party and counsel
may be excused only for acts of God, force majeure, or duly substantiated physical inability.
A representative may appear on behalf of a party, but must be fully authorized in writing to enter into an amicable
settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of
facts and documents.

Section 5. Effect of failure to appear. – When duly notified, the failure of the plaintiff and counsel to appear
without valid cause when so required[,] pursuant to the next preceding [S]ection, shall cause the dismissal of the
action. The dismissal shall be with prejudice, unless otherwise ordered by the court. A similar failure on the part of
the defendant and counsel shall be cause to allow the plaintiff to present his or her evidence ex parte within ten (10)
calendar days from termination of the pre-trial, and the court to render judgment on the basis of the evidence
offered. (5a)

Section 6. Pre-trial brief. – The parties shall file with the court and serve on the adverse party, in such manner as
shall ensure their receipt thereof at least three (3) calendar days before the date of the pre-trial, their respective pre-
trial briefs which shall contain, among others: C-S-M-P-D-N-B
(a) A concise statement of the case and the reliefs prayed for;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The main factual and legal issues to be tried or resolved;
(d) The propriety of referral of factual issues to commissioners;
(e) The documents or other object evidence to be marked, stating the purpose thereof;
(f) The names of the witnesses, and the summary of their respective testimonies; and
(g) A brief statement of points of law and citation of authorities.
Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. (8)
CF-GI-AI-TI
Section 10. Judgment after pre-trial. – Should there be no more controverted facts, or no more genuine issue as
to any material fact, or an absence of any issue, or should the answer fail to tender an issue, the court shall,
without prejudice to a party moving for judgment on the pleadings under Rule 34 or summary judgment under Rule
35, motu proprio include in the pre-trial order that the case be submitted for summary judgment or judgment on the
pleadings, without need of position papers or memoranda. In such cases, judgment shall be rendered within ninety
(90) calendar days from termination of the pre-trial.
The order of the court to submit the case for judgment pursuant to this Rule shall not be the
subject to appeal or certiorari. (n)

RULE 30
TRIAL
Section 1. Schedule of trial. – The parties shall strictly observe the scheduled hearings as agreed upon and set forth
in the pre-trial order.
(a) The schedule of the trial dates, for both plaintiff and defendant, shall be continuous and
within the following periods:
i. The initial presentation of plaintiff’s evidence shall be set not later than thirty (30) calendar days after the
termination of the pre-trial conference. Plaintiff shall be allowed to present its evidence within a period of three (3)
months or ninety (90) calendar days which shall include the date of the judicial dispute resolution, if necessary;
ii. The initial presentation of defendant’s evidence shall be set not later than thirty (30) calendar days after the
court’s ruling on plaintiff’s formal offer of evidence. The defendant shall be allowed to present its evidence within a
period of three (3) months or ninety (90) calendar days;
iii. The period for the presentation of evidence on the third (fourth, etc.)-party claim, counterclaim or cross-claim
shall be determined by the court, the total of which shall in no case exceed ninety (90) calendar days; and
iv. If deemed necessary, the court shall set the presentation of the parties’ respective rebuttal evidence, which shall
be completed within a period of thirty (30) calendar days.

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(b) The trial dates may be shortened depending on the number of witnesses to be presented, provided that the
presentation of evidence of all parties shall be terminated within a period of ten (10) months or three hundred (300)
calendar days. If there are no third (fourth, etc.)-party claim, counterclaim or cross-claim, the presentation of
evidence shall be terminated within a period of six (6) months or one hundred eighty (180) calendar days.
(c) The court shall decide and serve copies of its decision to the parties within a period not exceeding ninety (90)
calendar days from the submission of the case for resolution, with or without memoranda. (n)

RULE 33
DEMURRER TO EVIDENCE
Section 1. Demurrer to evidence. – After the plaintiff has completed the presentation of his or her evidence, the
defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to
relief. If his or her motion is denied, he or she shall have the right to present evidence. If the motion is granted but
on appeal the order of dismissal is reversed, he or she shall be deemed to have waived the right to present evidence.
(1a)
Section 2. Action on demurrer to evidence. – A demurrer to evidence shall be subject to the provisions of Rule 15.
The order denying the demurrer to evidence shall not be subject of an appeal or petition for certiorari, prohibition or
mandamus before judgment. (n)

RULE 34
JUDGMENT ON THE PLEADINGS
Section 1. Judgment on the pleadings. – Where an answer fails to tender an issue, or otherwise admits the
material allegations of the adverse party’s pleading, the court may, on motion of that party, direct judgment on
such pleading. However, in actions for declaration of nullity or annulment of marriage or for legal separation, the
material facts alleged in the complaint shall always be proved. (1)
Section 2. Action on motion for judgment on the pleadings. – The court may motu proprio or on motion render
judgment on the pleadings if it is apparent that the answer fails to tender an issue, or otherwise admits the material
allegations of the adverse party’s pleadings. Otherwise, the motion shall be subject to the provisions of Rule 15 of
these Rules.
Any action of the court on a motion for judgment on the pleadings shall not be subject of an appeal or petition for
certiorari, prohibition or mandamus. (n)

RULE 35
SUMMARY JUDGMENTS
Section 1. Summary judgment for claimant. – A party seeking to recover upon a claim, counterclaim, or cross-
claim or to obtain a declaratory relief may, at any time after the pleading in answer thereto has been served, move
with supporting affidavits, depositions or admissions for a summary judgment in his or her favor upon all or any part
thereof. (1a)

A.M. No. 12-8-8-SC

JUDICIAL AFFIDAVIT RULE

Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. - (a) The parties shall file with
the court and serve on the adverse party, personally or by licensed courier service, not later than five days before
pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following:

(1) The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct
testimonies; and

(2) The parties' docun1entary or object evidence, if any, which shall be attached to the judicial
affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff,
and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant.

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 (b) Should a party or a witness desire to keep the original document or object evidence in his possession, he
may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial
affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that
original. In addition, the party or witness shall bring the original document or object evidence for
comparison during the preliminary conference with the attached copy, reproduction, or pictures, failing
which the latter shall not be admitted.

This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing
rules.

Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the language known to the witness
and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the
following:

(a) The name, age, residence or business address, and occupation of the witness;

(b) The name and address of the lawyer who conducts or supervises the examination of the witness
and the place where the examination is being held;

(c) A statement that the witness is answering the questions asked of him, fully conscious that he does
so under oath, and that he may face criminal liability for false testimony or perjury;

(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:

(1) Show the circumstances under which the witness acquired the facts upon which he
testifies;

(2) Elicit from him those facts which are relevant to the issues that the case presents; and

(3) Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the oath or an officer who is
authorized by law to administer the same.

Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a sworn attestation at the end,
executed by the lawyer who conducted or supervised the examination of the witness, to the effect that:

(1) He faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the witness gave; and

(2) Neither he nor any other person then present or assisting him coached the witness
regarding the latter's answers.

(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment.

Section 6. Offer of and objections to testimony in judicial affidavit. - The party presenting the judicial affidavit of
his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of
the witness. The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers
found in it on ground of inadmissibility. The court shall promptly rule on the motion and, if granted, shall cause the

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marking of any excluded answer by placing it in brackets under the initials of an authorized court personnel, without
prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.

Section 7. Examination of the witness on his judicial affidavit. - The adverse party shall have the right to cross-
examine the witness on his judicial affidavit and on the exhibits attached to the same. The party who presents the
witness may also examine him as on re-direct. In every case, the court shall take active part in examining the witness
to determine his credibility as well as the truth of his testimony and to elicit the answers that it needs for resolving
the issues.

Section 8. Oral offer of and objections to exhibits. - (a) Upon the termination of the testimony of his last witness, a
party shall immediately make an oral offer of evidence of his documentary or object exhibits, piece by piece, in their
chronological order, stating the purpose or purposes for which he offers the particular exhibit.

(b) After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if
any, to its admission, and the court shall immediately make its ruling respecting that exhibit.

(c) Since the documentary or object exhibits form part of the judicial affidavits that describe and
authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offers, the
objections, and the rulings, dispensing with the description of each exhibit.

Section 9. Application of rule to criminal actions. - (a) This rule shall apply to all criminal actions:

(1) Where the maximum of the imposable penalty does not exceed six years;

(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved;
or

(3) With respect to the civil aspect of the actions, whatever the penalties involved are.

(b) The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the
pre-trial, serving copies if the same upon the accused. The complainant or public prosecutor shall attach to
the affidavits such documentary or object evidence as he may have, marking them as Exhibits A, B, C, and
so on. No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.

(c) If the accused desires to be heard on his defense after receipt of the judicial affidavits of the
prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to the
court within ten days from receipt of such affidavits and serve a copy of each on the public and private
prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so
on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear
before the court to testify.

Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who fails to submit the required
judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may, however,
allow only once the late submission of the same provided, the delay is for a valid reason, would not unduly
prejudice the opposing party, and the defaulting party pays a fine of not less than P 1,000.00 nor more
than P 5,000.00 at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of
the case as required. Counsel who fails to appear without valid cause despite notice shall be deemed to have
waived his client's right to confront by cross-examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements
of Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once

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the subsequent submission of the compliant replacement affidavits before the hearing or trial provided the
delay is for a valid reason and would not unduly prejudice the opposing party and provided further, that
public or private counsel responsible for their preparation and submission pays a fine of not less
than P 1,000.00 nor more than P 5,000.00, at the discretion of the court.

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Lawyer’s Oath
1. I, (name), do solemnly swear (affirm) that I accept the honor, privilege, duty, and responsibility of
practicing law in the Philippines as an Officer of the Court in the interest of our people.
2. I declare fealty to the Constitution of the Republic of Philippines.
3. In doing so, I shall work towards promoting the rule of law and a regime of truth, justice, freedom, love,
equality, and peace.
4. I shall conscientiously and courageously work for justice, as well as safeguard the rights and meaningful
freedoms of all persons, identities and communities.
5. I shall ensure greater and equitable access to justice.
6. I shall do no falsehood nor shall I pervert the law to unjustly favor nor prejudice anyone.
7. I shall faithfully discharge these duties and responsibilities to the best of my ability, with integrity, and
utmost civility.
8. I impose all these upon myself without mental reservation nor purpose of evasion.
9. [For oaths] So help me, God. (Omit for affirmations)

Revised Rules of Evidence

RULE 130 RULES OF ADMISSIBILITY

1. Original Document Rule

Section 3. Original document must be produced; exceptions. – When the subject of inquiry is the contents
of a document, writing, recording, photograph or other record, no evidence is admissible other than the
original document itself, except in the following cases: LDC-CUS-NUM-PUB-NOT

(a) When the original is lost or destroyed, or cannot be produced in court, without bad faith on the part of the
offeror;
(b) When the original is in the custody or under the control of the party against whom the evidence is offered,
and the latter fails to produce it after reasonable notice, or the original cannot be obtained by local judicial processes
or procedures;
(c) When the original consists of numerous accounts or other documents which cannot be examined in court
without great loss of time and the fact sought to be established from them is only the general result of the whole;
(d) When the original is a public record in the custody of a public officer or is recorded in a public office; and
(e) When the original is not closely-related to a controlling issue. (3a)

Section 4. Original of document. –

(a) An “original” of a document is the document itself or any counterpart intended to have the same effect by
a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data
is stored in a computer or similar device, any printout or other output readable by sight or other means, shown to
reflect the data accurately, is an “original.”
(b) A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by
means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by
chemical reproduction, or by other equivalent techniques which accurately reproduce the original.
(c) A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the
authenticity of the original, or (2) in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the
original. (4a)

2. Secondary Evidence
Section 5. When original document is unavailable. – When the original document has been lost or destroyed, or
cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability
without bad faith on his or her part, may prove its contents by a copy, or by recital of its contents in some
authentic document, or by the testimony of witnesses in the order stated. (5a)

Section 6. When original document is in adverse party’s custody or control. – If the document is in the custody
or under the control of the adverse party, he or she must have reasonable notice to produce it. If after such notice and
after satisfactory proof of its existence, he or she fails to produce the document, secondary evidence may be
presented as in the case of its loss. (6a)

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Section 7. Summaries. – When the contents of documents, records, photographs, or numerous accounts are
voluminous and cannot be examined in court without great loss of time, and the fact sought to be established is only
the general result of the whole, the contents of such evidence may be presented in the form of a chart, summary, or
calculation.

The originals shall be available for examination or copying, or both, by the adverse party at a reasonable time and
place. The court may order that they be produced in court. (n)

Section 8. Evidence admissible when original document is a public record. – When the original of a document is
in the custody of a public officer or is recorded in a public office, its contents may be proved by a certified copy
issued by the public officer in custody thereof. (7)

Section 9. Party who calls for document not bound to offer it. – A party who calls for the production of a
document and inspects the same is not obliged to offer it as evidence. (8)

C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
Section 21. Witnesses; their qualifications. – All persons who can perceive, and perceiving, can make
known their perception to others, may be witnesses. (20a)
Religious or political belief, interest in the outcome of the case, or conviction of a crime, unless
otherwise provided by law, shall not be a ground for disqualification. (20)

4. Previous Conduct [a]s Evidence

Section 35. Similar acts as evidence. – Evidence that one did or did not do a certain thing at one time is not
admissible to prove that he or she did or did not do the same or similar thing at another time; but it may be received
to prove a specific intent or knowledge, identity, plan, system, scheme, habit, custom or usage, and the like. (34a)

5. Hearsay
Section 37. Hearsay. – Hearsay is a statement other than one made by the declarant while testifying at
a trial or hearing, offered to prove the truth of the facts asserted therein. A statement is (1) an oral or
written assertion or (2) a non-verbal conduct of a person, if it is intended by him or her as an assertion.
Hearsay evidence is inadmissible except as otherwise provided in these Rules.

A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to crossexamination
concerning the statement, and the statement is (a) inconsistent with the declarant’s testimony, and was given under
oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; (b) consistent with
the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of recent
fabrication or improper influence or motive; or (c) one of identification of a person made after perceiving him or her.
(n)
6. Exceptions [t]o [t]he Hearsay Rule -DD-DUM-DAI-DAP-FR-CR-PRG-RBAP-OR-
Section 38. Dying declaration. – The declaration of a dying person, made under the consciousness of
an impending death, may be received in any case wherein his or her death is the subject of inquiry, as
evidence of the cause and surrounding circumstances of such death. (37a)

Section 39. Statement of decedent or person of unsound mind. – In an action against an executor or administrator
or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against
the estate of such deceased person or against such person of unsound mind, where a party or assignor of a party or a
person in whose behalf a case is prosecuted testifies on a matter of fact occurring before the death of the deceased
person or before the person became of unsound mind, any statement of the deceased or the person of unsound mind,
may be received in evidence if the statement was made upon the personal knowledge of the deceased or the person
of unsound mind at a time when the matter had been recently perceived by him or her and while his or her
recollection was clear. Such statement, however, is inadmissible if made under circumstances indicating its lack of
trustworthiness. (23a)

Section 40. Declaration against interest. – The declaration made by a person deceased or unable to testify against
the interest of the declarant, if the fact asserted in the declaration was at the time it was made so far contrary to the

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declarant’s own interest that a reasonable person in his or her position would not have made the declaration unless
he or she believed it to be true, may be received in evidence against himself or herself or his or her successors in
interest and against third persons. A statement tending to expose the declarant to criminal liability and offered to
exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of
the statement. (38a)

Section 41. Act or declaration about pedigree. – The act or declaration of a person deceased or unable to testify, in
respect to the pedigree of another person related to him or her by birth[,] adoption, or marriage or, in the absence
thereof, with whose family he or she was so intimately associated as to be likely to have accurate information
concerning his or her pedigree, may be received in evidence where it occurred before the controversy, and the
relationship between the two [(2)] persons is shown by evidence other than such act or declaration. The word
“pedigree” includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these
facts occurred, and the names of the relatives. It embraces also facts of family history intimately connected with
pedigree. (39a)

Section 42. Family reputation or tradition regarding pedigree. – The reputation or tradition existing in a family
previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the
witness testifying thereon be also a member of the family, either by consanguinity[,] affinity, or adoption. Entries in
family bibles or other family books or charts, engraving on rings, family portraits and the like, may be received as
evidence of pedigree. (40a)

Section 43. Common reputation. – Common reputation existing previous to the controversy, as to boundaries of or
customs affecting lands in the community and reputation as to events of general history important to the community,
or respecting marriage or moral character, may be given in evidence. Monuments and inscriptions in public places
may be received as evidence of common reputation. (41a)

Section 44. Part of the res gestae. – Statements made by a person while a startling occurrence is taking place or
immediately prior or subsequent thereto[,] under the stress of excitement caused by the occurrence with respect to
the circumstances thereof, may be given in evidence as part of the res gestae. So, also, statements accompanying an
equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae. (42a)

Section 45. Records of regularly conducted business activity. – A memorandum, report, record or data
compilation of acts, events, conditions, opinions, or diagnoses, made by writing, typing, electronic, optical or other
similar means at or near the time of or from transmission or supply of information by a person with knowledge
thereof, and kept in the regular course or conduct of a business activity, and such was the regular practice to make
the memorandum, report, record, or data compilation by electronic, optical or similar means, all of which are shown
by the testimony of the custodian or other qualified witnesses, is excepted from the rule on hearsay evidence. (43a)

Section 46. Entries in official records. – Entries in official records made in the performance of his or her duty by a
public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima
facie evidence of the facts therein stated. (44a)

Section 47. Commercial lists and the like. – Evidence of statements of matters of interest to persons engaged in an
occupation contained in a list, register, periodical, or other published compilation is admissible as tending to prove
the truth of any relevant matter so stated if that compilation is published for use by persons engaged in that
occupation and is generally used and relied upon by them therein. (45)

Section 48. Learned treatises. – A published treatise, periodical or pamphlet on a subject of history, law, science, or
art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a witness
expert in the subject testifies, that the writer of the statement in the treatise, periodical or pamphlet is recognized in
his or her profession or calling as expert in the subject. (46a)

Section 49. Testimony or deposition at a former proceeding. – The testimony or deposition of a witness deceased
or out of the Philippines or who cannot, with due diligence, be found therein, or is unavailable or otherwise unable
to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject
matter, may be given in evidence against the adverse party who had the opportunity to cross-examine him or her.

10
Section 50. Residual exception. – A statement not specifically covered by any of the foregoing exceptions, having
equivalent circumstantial guarantees of trustworthiness, is admissible if the court determines that (a) the statement is
offered as evidence of a material fact; (b) the statement is more probative on the point for which it is offered than
any other evidence which the proponent can procure through reasonable efforts; and (c) the general purposes of
these [R]ules and the interests of justice will be best served by admission of the statement into evidence. However, a
statement may not be admitted under this exception unless the proponent makes known to the adverse party,
sufficiently in advance of the hearing, or by the pre-trial stage in the case of a trial of the main case, to provide the
adverse party with a fair opportunity to prepare to meet it, the proponent’s intention to offer the statement and the
particulars of it, including the name and address of the declarant. (n)

7. Opinion Rule
Section 51. General rule. – The opinion of a witness is not admissible, except as indicated in the following
sections. (48)
Section 52. Opinion of expert witness. – The opinion of a witness on a matter requiring special knowledge,
skill, experience, training or education, which he or she is shown to possess, may be received in evidence. (49a)
Section 53. Opinion of ordinary witnesses. – The opinion of a witness, for which proper basis is given, may be
received in evidence regarding –
(a) [T]he identity of a person about whom he or she has adequate knowledge;
(b) A handwriting with which he or she has sufficient familiarity; and
(c) The mental sanity of a person with whom he or she is sufficiently acquainted.

The witness may also testify on his or her impressions of the emotion, behavior, condition or appearance of a person.
(50a)

RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS
Section 1. Burden of proof and burden of evidence. – Burden of proof is the duty of a party to present evidence
on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law.
Burden of proof never shifts.

Burden of evidence is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to
establish a prima facie case. Burden of evidence may shift from one party to the other in the course of the
proceedings, depending on the exigencies of the case. (1a)

RULE 132
PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
Section 1. Examination to be done in open court. – The examination of witnesses presented in a trial or hearing
shall be done in open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the
question calls for a different mode of answer, the answers of the witness shall be given orally. (1)

Section 2. Proceedings to be recorded. – The entire proceedings of a trial or hearing, including the questions
propounded to a witness and his or her answers thereto, and the statements made by the judge or any of the parties,
counsel, or witnesses with reference to the case, shall be recorded by means of shorthand or stenotype or by other
means of recording found suitable by the court. A transcript of the record of the proceedings made by the official
stenographer, stenotypist or recorder and certified as correct by him or her, shall be deemed prima facie a correct
statement of such proceedings. (2a)

Section 3. Rights and obligations of a witness. – A witness must answer questions, although his or her answer may
tend to establish a claim against him or her. However, it is the right of a witness:
(1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;
(2) Not to be detained longer than the interests of justice require;
(3) Not to be examined except only as to matters pertinent to the issue;
(4) Not to give an answer which will tend to subject him or her to a penalty for an offense unless otherwise
provided by law; or

11
(5) Not to give an answer which will tend to degrade his or her reputation, unless it be to the very fact at issue or
to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his or her
previous fi nal conviction for an off ense. (3a)

Section 4. Order in the examination of an individual witness. – The order in which an individual witness
may be examined is as follows:
(a) Direct examination by the proponent;
(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross[-]examination by the opponent. (4)

Section 5. Direct examination. – Direct examination is the examination-in-chief of a witness by the party
presenting him or her on the facts relevant to the issue. (5a)

Section 6. Cross-examination; its purpose and extent. – Upon the termination of the direct examination, the
witness may be cross-examined by the adverse party on any relevant matter, with sufficient fullness and freedom to
test his or her accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important
facts bearing upon the issue. (6a)

Section 7. Re-direct examination; its purpose and extent. – After the cross-examination of the witness has been
concluded, he or she may be re-examined by the party calling him or her to explain or supplement his or her answers
given during the cross-examination. On re-direct examination, questions on matters not dealt with during the cross-
examination may be allowed by the court in its discretion. (7a)

Section 8. Re-cross[-]examination. – Upon the conclusion of the re-direct examination, the adverse party may re-
cross-examine the witness on matters stated in his or her re-direct examination, and also on such other matters as
may be allowed by the court in its discretion. (8a)

B. AUTHENTICATION AND PROOF OF DOCUMENTS

Section 19. Classes of documents. – For the purpose of their presentation in evidence, documents are either public
or private.
Public documents are:
(a) The written official acts, or records of the sovereign authority, official bodies and tribunals, and public officers,
whether of the Philippines, or of a foreign country;
(b) Documents acknowledged before a notary public except last wills and testaments;
(c) Documents that are considered public documents under treaties and conventions which are in force between the
Philippines and the country of source; and
(d) Public records, kept in the Philippines, of private documents required by law to be entered therein.
All other writings are private. (19a)

Section 20. Proof of private document[s]. – Before any private document offered as authentic is received
in evidence, its due execution and authenticity must be proved by any of the following means:
(a) By anyone who saw the document executed or written;
(b) By evidence of the genuineness of the signature or handwriting of the maker[;] or
(c) By other evidence showing its due execution and authenticity.
Any other private document need only be identified as that which it is claimed to be. (20)

Section 21. When evidence of authenticity of private document not necessary. – Where a private document
is more than thirty (30) years old, is produced from a custody in which it would naturally be found if genuine, and is
unblemished by any alterations or circumstances of suspicion, no other evidence of its authenticity need be given.

C. OFFER AND OBJECTION

Section 34. Offer of evidence. – The court shall consider no evidence which has not been formally offered. The
purpose for which the evidence is offered must be specified ed. (34)

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Section 35. When to make offer. – All evidence must be offered orally.
The offer of the testimony of a witness in evidence must be made at the time the witness is called to testify.
The offer of documentary and object evidence shall be made after the presentation of a party’s testimonial evidence.

Section 36. Objection. – Objection to offer of evidence must be made orally immediately after the offer is made.
Objection to the testimony of a witness for lack of a formal offer must be made as soon as the witness begins to
testify. Objection to a question propounded in the course of the oral examination of a witness must be made as soon
as the grounds therefor become reasonably apparent. The grounds for the objections must be specified.

Section 37. When repetition of objection unnecessary. – When it becomes reasonably apparent in the course of
the examination of a witness that the questions being propounded are of the same class as those to which objection
has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection,
it being sufficient for the adverse party to record his or her continuing objection to such class of questions. (37a)

Section 38. Ruling. – The ruling of the court must be given immediately after the objection is made, unless the court
desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made
during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation
presented by the ruling.

The reason for sustaining or overruling an objection need not be stated. However, if the objection is based on two
[(2)] or more grounds, a ruling sustaining the objection on one [(1)] or some of them must specify the ground or
grounds relied upon. (38)

Section 39. Striking out [of] answer. – Should a witness answer the question before the adverse party had the
opportunity to voice fully its objection to the same, or where a question is not objectionable, but the answer is not
responsive, or where a witness testifies without a question being posed or testifies beyond limits set by the court,
or when the witness does a narration instead of answering the question, and such objection is found to be
meritorious, the court shall sustain the objection and order such answer, testimony or narration to be stricken off the
record.
On proper motion, the court may also order the striking out of answers which are incompetent, irrelevant, or
otherwise improper. (39a)

Section 40. Tender of excluded evidence. – If documents or things offered in evidence are excluded by the court,
the offeror may have the same attached to or made part of the record. If the evidence excluded is oral, the offeror
may state for the record the name and other personal circumstances of the witness and the substance of the proposed
testimony. (40)

RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
Section 1. Preponderance of evidence, how determined. – In civil cases, the party having the burden of proof
must establish his or her case by a preponderance of evidence. In determining where the preponderance or
superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances
of the case, the witnesses’ manner of testifying, their intelligence, their means and opportunity of knowing the
facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability
of their testimony, their interest or want of interest, and also their personal credibility so far as the same may
legitimately appear upon the trial. The court may also consider the number of witnesses, though the
preponderance is not necessarily with the greater number. (1a)

Section 2. Proof beyond reasonable doubt. – In a criminal case, the accused is entitled to an acquittal, unless his or
her guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof
as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of
proof which produces conviction in an unprejudiced mind. (2a)

Section 3. Extrajudicial confession, not sufficient ground for conviction. – An extrajudicial confession made by
an accused shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti. (3)

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Section 4. Circumstantial evidence, when sufficient. – Circumstantial evidence is sufficient for conviction if:
(a) There is more than one [(1)] circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.
Inferences cannot be based on other inferences. (4a)

Section 5. Weight to be given opinion of expert witness, how determined. – In any case where the opinion of an
expert witness is received in evidence, the court has a wide latitude of discretion in determining the weight to be
given to such opinion, and for that purpose may consider the following: SFD-PRPM-APM-O
(a) Whether the opinion is based upon sufficient facts or data;
(b) Whether it is the product of reliable principles and methods;
(c) Whether the witness has applied the principles and methods reliably to the facts of the case; and
(d) Such other factors as the court may deem helpful to make such determination. (n)

Section 6. Substantial evidence. – In cases filed before administrative or quasi-judicial bodies, a fact may be
deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion. (5)

Section 7. Power of the court to stop further evidence. – The court may stop the introduction of further testimony
upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot
be reasonably expected to be additionally persuasive. This power shall be exercised with caution. (6a)

Section 8. Evidence on motion. – When a motion is based on facts not appearing of record, the court may hear the
matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be
heard wholly or partly on oral testimony or depositions. (7)

RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS

A. CIVIL CASES
(1) Summary Procedure Cases, as follows:
(a) Forcible entry and unlawful detainer cases, regardless of the amount of damages or unpaid rentals sought to
be recovered. Where attorney’s fees are awarded, the same shall not exceed One Hundred Thousand Pesos
(₱100,000.00).
(b) All civil actions, except probate proceedings, admiralty and maritime actions, and small claims cases falling
under Rule IV hereof, where the total amount of the plaintiff’s claim does not exceed Two Million Pesos
(₱2,000,000.00), exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs.
(c) Complaints for damages where the claim does not exceed Two Million Pesos (₱2,000,000.00), exclusive of
interest and costs.
(d) Cases for enforcement of barangay amicable settlement agreements and arbitration awards where the
money claim exceeds One Million Pesos (₱1,000,000.00), provided that no execution has been enforced by the
barangay within six (6) months from the date of the settlement or date of receipt of the award or from the date the
obligation stipulated or adjudged in the arbitration award becomes due and demandable, pursuant to Section 417,
Chapter VII of Republic Act No. 7160, otherwise known as The Local Government Code of 1991.
(e) Cases solely for the revival of judgment of any Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, and Municipal Circuit Trial Court, pursuant to Rule 39, Section 6 of the Rules of Court.

RULE II
GENERAL COMMON PROVISIONS
Section 1. Applicability of the regular rules. – The regular procedure prescribed in the Rules of Court
shall apply to the cases covered by these Rules where no specific provision is found herein. It shall also apply in a
suppletory manner even if there is a specific provision found in these Rules, but only in so far as not inconsistent. In
case of inconsistency, these Rules shall prevail.

Sec. 2. Prohibited pleadings and motions. – The following pleadings, motions, or petitions shall not

14
be allowed in cases governed by these Rules:MD-HRAD-BP-NTRJR-RJ-ET-MM-PCMPI-DD-DMP-RJ-3-CI-
MAL-JPC
(a) In civil cases, a motion to dismiss the complaint or the statement of claim, and in criminal cases, a motion to
quash the complaint or information, except on the ground of lack of jurisdiction over the subject matter or failure
to comply with the requirement of barangay conciliation, pursuant to Chapter VII, Title I, Book III of Republic
Act No. 7160;
(b) Motion to hear and/or resolve affirmative defenses;
(c) Motion for a bill of particulars;
(d) Motion for new trial, or for reconsideration of a judgment on the merits, or for reopening of proceedings;
(e) Petition for relief from judgment;
(f) Motion for extension of time to file pleadings, affidavits or any other paper;
(g) Memoranda;
(h) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by
the court;
(i) Motion to declare the defendant in default;
(j) Dilatory motions for postponement. Any motion for postponement shall be presumed dilatory unless grounded
on acts of God, force majeure, or physical inability of a counsel or witness to personally appear in court, as
supported by the requisite affidavit and medical proof;
(k) Rejoinder;
(l) Third-party complaints;
(m) Motion for and Complaint in Intervention;
(n) Motion to admit late judicial affidavit/s, position papers, or other evidence, except on the
ground of force majeure or acts of God;
(o) Motion for judicial determination of probable cause in criminal cases.

RULE III
THE RULE ON SUMMARY PROCEDURE
A. CIVIL CASES
Sec. 3. Complaint. – The complaint shall state the following:
(a) The names of the affiants whose judicial affidavits will be presented to prove the plaintiff’s claim. The judicial
affidavits shall be attached to the complaint and form an integral part thereof. Judicial affidavits not attached to
the complaint shall not be considered;
(b) The summary of the statements in the judicial affidavits;
(c) The documentary and other object evidence in support of the allegations in the complaint; and
(d) Whether the plaintiff consents to service by electronic means or facsimile and, if so, the plaintiff’s e-mail
addresses or facsimile numbers for such purpose.
LSMJ-IV-LC-FSCA-CNFS-BRGY-4
Sec. 4. Summons. – Within five (5) calendar days from receipt of a new civil case, if the court determines that the
case falls under this Rule, the court shall direct the Branch Clerk to issue summons to the defendant, stating clearly
that the case shall be governed by the Rule on Summary Procedure. However, if from an examination of the
allegations in the initiatory pleading and such evidence as may be attached thereto, a ground for the outright
dismissal of the case is apparent, the court may dismiss the case on its own initiative. These grounds include lack
of subject matter jurisdiction, improper venue, lack of legal capacity to sue, litis pendentia, res judicata,
prescription, failure to state a cause of action, non-submission of a certification against forum shopping, and
lack of compliance with a condition precedent such as absence of barangay conciliation, among others. A
patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for
disciplinary action.

Sec. 5. Filing and service. – The rules on filing and service of pleadings under Rule 13 and service of summons
under Rule 14 of the 2019 Amendments to the 1997 Rules of Civil Procedure shall be applicable to cases under this
Rule, unless inconsistent.

Sec. 6. Answer. – Within thirty (30) calendar days from service of summons, the defendant shall file an answer to
the complaint and serve a copy thereof on the plaintiff.
The answer shall state the following:

15
(a) The names of the affiants whose judicial affidavits will be presented to prove the defendant’s allegations. The
judicial affidavits shall be attached to the answer and form an integral part thereof. Judicial affidavits not attached to
the answer shall not be considered;
(b) The summary of the statements in the judicial affidavits;
(c) The documentary and other object evidence in support of the allegations in the answer; and
(d) Whether the defendant consents to service by electronic means or facsimile and, if so, the defendant’s e-mail
addresses or facsimile numbers for such purpose.
Affirmative defenses not pleaded in the answer shall be deemed waived, except for lack of jurisdiction over the
subject matter, litis pendentia, res judicata, and prescription.
Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred.

Sec. 7. Counterclaims within the coverage of this Rule. – If at the time the action is commenced, the defendant
possesses a claim against the plaintiff that (a) is within the coverage of this Rule, exclusive of interest and costs; (b)
arises out of the same transaction or event that is the subject matter of the plaintiff’s claim; (c) does not require for
its adjudication the joinder of third parties; and (d) is not the subject of another pending action, the claim shall be
filed as a counterclaim in the answer; otherwise, the defendant shall be barred from suing on such counterclaim.
The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same
transaction or occurrence, provided that the amount and nature thereof are within the coverage of this Rule and the
prescribed docket and other legal fees are paid.
Any amount pleaded in a counterclaim in excess of Two Million Pesos (₱2,000,000.00), excluding interests and
costs, shall be deemed waived.

Sec. 8. Reply. – All new matters alleged in the answer shall be deemed controverted. The plaintiff may file a reply to
a counterclaim only when an actionable document is attached to the answer. The reply shall be filed within ten (10)
calendar days from receipt of the answer.

Sec. 9. Effect of failure to answer. – Should the defendant fail to answer the complaint within the period provided,
the court, on its own initiative, or upon manifestation by the plaintiff that the period for filing an answer has
already lapsed, shall render judgment as may be warranted by the facts alleged in the complaint and its
attachments, limited to what is prayed for therein. The court may reduce the amount of damages and attorney’s
fees claimed for being excessive or otherwise unconscionable.

Sec. 10. Preliminary Conference; notice. – Within five (5) calendar days after the last responsive pleading is
filed, the Branch Clerk of Court shall issue a Notice of Preliminary Conference, which shall be held within thirty
(30) calendar days from the date of filing of such last responsive pleading.
The rules on pre-trial under Rule 18 of the 2019 Amendments to the 1997 Rules of Civil Procedure shall be
applicable to the Preliminary Conference, unless inconsistent.

The Notice of Preliminary Conference shall include the dates respectively set for:
(a) Preliminary Conference (within thirty [30] calendar days from the filing of the last responsive pleading);
(b) Court-Annexed Mediation (within an inextendible period of thirty [30] calendar days from date of referral for
mediation); and
(c) Judicial Dispute Resolution, in the court’s discretion (within an inextendible period of fifteen [15] calendar days
from notice of failure of the Court-Annexed Mediation).
Non-appearance at any of the foregoing settings shall be deemed as non-appearance at the Preliminary Conference
and shall merit the same sanctions under Section 12 of this Rule.

Sec. 11. Preliminary Conference Brief. – The parties shall file with the court and serve on the adverse party in such
a way as to ensure receipt, at least three (3) calendar days before the scheduled Preliminary Conference, their
respective Preliminary Conference Briefs, which shall contain, among others:SAF-SDFS-FLI-TOD
(a) A summary of admitted facts;
(b) A summary of disputed facts and proposals for stipulations on the same;
(c) A statement of factual and legal issues; and
(d) A list of testimonial, object, and other documentary evidence offered in support of the party’s claims or
defenses, and their markings, if any.

16
Failure to submit a Preliminary Conference Brief within the period given shall merit the same sanction as non-
appearance at the Preliminary Conference.

Sec. 12. Appearance at Preliminary Conference. – It shall be the duty of the parties and their counsel to appear at
the Preliminary Conference, Court-Annexed Mediation, and Judicial Dispute Resolution, if the latter is ordered by
the court. The non-appearance of a party and/or counsel may be excused only for acts of God, force majeure, or
duly substantiated physical inability.
A representative may appear on behalf of a party, but must be fully authorized through a Special
Power of Attorney or a board resolution, as the case may be, to: (1) enter into an amicable settlement,
(2) to submit to alternative modes of dispute resolution, and (3) to enter into stipulations or admissions
of facts and documents. An authority which fails to include all these acts shall be ineffective and the party
represented shall be deemed absent.

The failure despite notice of the plaintiff and/or his or her counsel to appear at the Preliminary Conference shall
be a cause for the dismissal of the complaint. The defendant who appears in the absence of the plaintiff shall be
entitled to judgment on the counterclaim, in accordance with Section 9 of this Rule. All cross-claims shall be
dismissed.

If a sole defendant and/or his or her counsel fail to appear at the Preliminary Conference, the plaintiff shall be
entitled to judgment in accordance with Section 9 of this Rule. This Rule shall not apply, however, where one of two
or more defendants sued under a common cause of action and who had pleaded a common defense, shall appear at
the Preliminary Conference.

Sec. 13. Preliminary Conference Order. – Immediately after the preliminary conference and the issues having
been joined, the court shall issue a Preliminary Conference Order referring the parties to the mandatory Court-
Annexed Mediation, and Judicial Dispute Resolution, which shall be conducted in accordance with the provisions of
A.M. No. 19-10-20-SC or the 2020 Guidelines for the Conduct of the Court-Annexed Mediation (CAM) and
Judicial Dispute Resolution (JDR) in Civil Cases. The court may, in the same Preliminary Conference Order, declare
the case submitted for judgment if, on the basis of the pleadings and their attachments, as well as the stipulations and
admissions made by the parties, judgment may be rendered without the need of submission of position papers. In
this event, the court shall render judgment within thirty (30) calendar days from issuance of the order. The
court’s order shall not be the subject of a motion for reconsideration or a petition for certiorari, prohibition, or
mandamus, but may be among the matters raised on appeal after a judgment on the merits.

If the court, however, deems the submission of position papers still necessary, it shall require the parties, in the
Preliminary Conference Order, to submit their respective position papers within ten (10) calendar days from receipt
of such order. No other judicial affidavits or evidence will be admitted even if filed with the position papers.

Sec. 14. Rendition of judgment. – Within thirty (30) calendar days from receipt by the court of the Mediator’s
Report or the JDR Report on the parties’ failure to reach an amicable settlement, the court shall render judgment.
However, 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 require the parties to submit additional judicial affidavits or other
evidence on the said matters, within ten (10) calendar days from receipt of said order. Judgment shall be rendered
within fifteen (15) calendar days after the receipt of the last clarificatory judicial affidavits, or the expiration of the
period for filing the same. The court shall not resort to the clarificatory procedure to gain time for the rendition of
the judgment.

C. APPEALS IN SUMMARY PROCEDURE

Section 1. Ordinary appeal. – Any judgment, final order, or final resolution in a Summary Procedure case may be
appealed to the appropriate Regional Trial Court exercising jurisdiction over the territory under Rule 40 for civil
cases and Rule 122 for criminal cases, of the Rules of Court. The appeal shall be taken by filing a notice of appeal,
together with proof of payment of the appeal fees, with the court that rendered the judgment, order or resolution
appealed from, within fifteen (15) calendar days from receipt of the same.

Sec. 2. Remedy from judgment on appeal. – The judgment of the Regional Trial Court on the appeal
shall be final, executory, and unappealable.

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RULE IV THE RULE ON SMALL CLAIMS
Section 1. Scope. – This Rule shall govern the procedure in actions before the Metropolitan Trial Courts (MeTCs),
Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs) and Municipal Circuit Trial Courts
(MCTCs) for payment or reimbursement of a sum of money where the value of the claim does not exceed One
Million Pesos (P1,000,000.00).

Sec. 9. Dismissal of the claim. – After the court determines that the case falls under this Rule, it may, from an
examination of the allegations of the Statement of Claim/s and such evidence attached thereto, on its own initiative,
dismiss the case outright on any of the following grounds:
(a) The court has no jurisdiction over the subject matter;
(b) There is another action pending between the same parties for the same cause;
(c) The action is barred by prior judgment;
(d) The claim is barred by the statute of limitations;
(e) The court has no jurisdiction over the person of the defendant;
(f) Venue is improperly laid;
(g) Plaintiff has no legal capacity to sue;
(h) The Statement of Claim/s states no cause of action;
(i) That a condition precedent for filing the claim has not been complied with; and
(j) Plaintiff failed to submit the required affidavits, as provided in Section 7 of this Rule.

The order of dismissal shall state if it is with or without prejudice.

If, during the hearing, the court is able to determine that there exists a ground for dismissal of the Statement of
Claim/s, the court may, on its own initiative, dismiss the case even if such ground is not pleaded in the defendant’s
Response (Form 3-SCC).

If plaintiff misrepresents that he/she/it is not engaged in the business of lending, banking, or similar activities when
in fact he/she/it is so engaged, the Statement of Claim/s shall be dismissed with prejudice and plaintiff shall be
meted the appropriate sanctions, including citation for direct contempt.

However, if the case does not fall under this Rule, but falls under summary or regular procedure, or if the case is
filed under summary or regular procedure but falls under this Rule, the case shall not be dismissed. Instead, the case
shall be re-docketed under the appropriate procedure, and returned to the court where it was assigned, subject to
payment of any deficiency in the applicable regular rate of filing fees.

Sec. 17. Appearance. – The parties shall personally appear on the designated date of hearing. Appearance through a
representative must be for a valid cause. The representative of an individual-party must not be a lawyer.
Juridical entities shall not be represented by a lawyer in any capacity.

The representative must be authorized under a Special Power of Attorney (Form 7-SCC), board resolution or
secretary’s certificate, as the case may be, to enter into an amicable settlement of the dispute and to enter into
stipulations or admissions of facts and of documentary exhibits.

Sec. 18. Appearance of attorneys not allowed. – No attorney shall appear in behalf of or represent a
party at the hearing, unless the attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present his/her/its claim or defense and
needs assistance, the court may, in its discretion, allow another individual who is not an attorney to
assist that party upon the latter’s consent.

Sec. 19. Non-appearance of parties. – Failure of the plaintiff to appear shall be cause for the dismissal
of the Statement of Claim/s without prejudice. The defendant who appears in the absence of the
plaintiff shall be entitled to judgment on the counterclaim.
Failure of the defendant to appear shall have the same effect as failure to file a Response under
Section 14 of this Rule. This shall not apply where one of two or more defendants who are sued under

18
a common cause of action and have pleaded a common defense appears at the hearing.
Failure of both parties to appear shall cause the dismissal with prejudice of both the Statement
of Claim/s and the counterclaim.

Sec. 20. Postponement when allowed. – A request for postponement of a hearing may be granted only upon proof
of the physical inability of the party to appear before the court on the scheduled date and time. A party may avail of
only one (1) postponement.

Sec. 21. Duty of the court. – At the beginning of the court session, the judge shall read aloud a short statement
explaining the nature, purpose and the rule of procedure of small claims cases.

Sec. 22. Hearing. – At the hearing, the judge shall first exert efforts to bring the parties to an amicable settlement of
their dispute. Settlement discussions must be conducted in strict confidentiality.
Any settlement or resolution of the dispute shall be reduced into writing, signed by the parties, and immediately
submitted to the court for approval at the hearing (Form 9-SCC). The court shall render judgment based on the
compromise agreement within twenty-four (24) hours, and furnish copies thereof to the parties (Form 10-SCC).

If at any time before or at the hearing, a compromise agreement is submitted, signed by both parties, but only one
(1) or neither party appears to confirm it, the court shall issue an order directing the non-appearing party/ies to
confirm the compromise agreement within three (3) calendar days from notice thereof; otherwise, it shall be deemed
confirmed.
If efforts at settlement fail, the court shall immediately proceed to hear the case in an informal and expeditious
manner and, thereafter, render judgment within twenty-four (24) hours from termination of the hearing.

Sec. 24. Decision. – After the hearing, the court shall render its decision based on the facts established by the
evidence, within twenty-four (24) hours from termination of the hearing (Form 11-SCC). The refund of the
remaining balance from the Sheriff’s Trust Fund (STF), subject to accounting and auditing procedures, shall be
included in the decision.

The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases and a copy
thereof forthwith served on the parties. The decision shall be final, executory and unappealable.

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