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1997 RULES OF CIVIL PROCEDURE, AS AMENDED EFFECTIVE JULY 1, 1997. Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, 1997. Pursuant to the provisions of section 5 (5) of Article VIII of the
Constitution, the Supreme Court hereby adopts and promulgates the following rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged:
RULE 1 RULE 5
General Provisions Uniform Procedure In Trial Courts
Section 1. Title of the Rules. Section 1. Uniform procedure.
Section 2. In what courts applicable. Section 2. Meaning of terms.
Section 3. Cases governed.
Section 4. In what case not applicable. RULE 6: Procedure In Regional Trial Courts
Section 5. Commencement of action. Kinds Of Pleadings
Section 6. Construction. Section 1. Pleadings defined.

Section 2. Pleadings allowed.
RULE 2: Civil Actions, Ordinary Civil Actions Section 3. Complaint.
Cause of Action Section 4. Answer.
Section 1. Ordinary civil actions, basis of. Section 5. Defenses.
Section 2. Cause of action, defined. Section 6. Counterclaim.
Section 3. One suit for a single cause of action. Section 7. Compulsory counterclaim.
Section 4. Splitting a single cause of action; effect of. Section 8. Cross-claim.
Section 5. Joinder of causes of action. Section 9. Counter-counterclaims and counter-crossclaims.
Section 6. Misjoinder of causes of action. Section 10. Reply.

Section 11. Third, (fourth, etc.)party complaint.
RULE 3 Section 12. Bringing new parties.
Parties to Civil Actions Section 13. Answer to third (fourth, etc.)party complaint.
Section 1. Who may be parties; plaintiff and defendant.
Section 2. Parties in interest. RULE 7
Section 3. Representatives as parties. Parts of a Pleading
Section 4. Spouses as parties. Section 1. Caption.
Section 5. Minor or incompetent persons. Section 2. The body.
Section 6. Permissive joinder of parties. Section 3. Signature and address.
Section 7. Compulsory joinder of indispensable parties. Section 4. Verification.
Section 8. Necessary party. Section 5. Certification against forum shopping.
Section 9. Non-joinder of necessary parties to be pleaded.
Section 10. Unwilling co-plaintiff. RULE 8
Section 11. Misjoinder and non-joinder of parties. Manner of Making Allegations in Pleadings
Section 12. Class suit. Section 1. In general.
Section 13. Alternative defendants. Section 2. Alternative causes of action or defenses.
Section 14. Unknown identity or name of defendant. Section 3. Conditions precedent.
Section 15. Entity without juridical personality as defendant. Section 4. Capacity.
Section 16. Death of party; duty of counsel. Section 5. Fraud, mistake, condition of the mind.
Section 17. Death or separation of a party who is a public officer. Section 6. Judgment.
Section 18. Incompetency or incapacity. Section 7. Action or defense based on document.
Section 19. Transfer of interest. Section 8. How to contest such documents.
Section 20. Action and contractual money claims. Section 9. Official document or act.
Section 21. Indigent party. Section 10. Specific denial.
Section 22. Notice to the Solicitor General. Section 11. Allegations not specifically denied deemed admitted.
Section 12. Striking out of pleading or matter contained therein.
RULE 4
Venue of Actions RULE 9
Section 1. Venue of real actions. Effect of Failure to Plead
Section 2. Venue of personal actions. Section 1. Defenses and objections not pleaded.
Section 3. Venue of actions against nonresidents. Section 2. Compulsory counterclaim, or cross-claim, not set up barred.
Section 4. When Rule not applicable. Section 3. Default; declaration of.

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RULE 10 RULE 14
Amended and Supplemental Pleadings Summons
Section 1. Amendments in general. Section 1. Clerk to issue summons.
Section 2. Amendments as a matter of right. Section 2. Contents.
Section 3. Amendments by leave of court. Section 3. By whom served.
Section 4. Formal amendments. Section 4. Return.
Section 5. Amendment to conform to or authorize presentation of evidence. Section 5. Issuance of alias summons.
Section 6. Supplemental pleadings. Section 6. Service in person on defendant.
Section 7. Filing of amended pleadings. Section 7. Substituted service.
Section 8. Effect of amended pleadings. Section 8. Service upon entity without juridical personality.
Section 9. Service upon prisoners.
RULE 11 Section 10. Service upon minors and incompetents.
When to File Responsive Pleadings Section 11. Service upon domestic private juridical entity.
Section 1. Answer to the complaint. Section 12. Service upon foreign private juridical entities.
Section 2. Answer of a defendant foreign private juridical entity. Section 13. Service upon public corporations.
Section 3. Answer to amended complaint. Section 14. Service upon defendant whose identity or whereabouts are unknown.
Section 4. Answer to counterclaim or cross-claim. Section 15. Extraterritorial service.
Section 5. Answer to third (fourth, etc.)-party complaint. Section 16. Residents temporarily out of the Philippines.
Section 6. Reply. Section 17. Leave of court.
Section 7. Answer to supplemental complain. Section 18. Proof of service.
Section 8. Existing counterclaim or cross-claim. Section 19. Proof of service by publication.
Section 9. Counterclaim or cross-claim arising after answer. Section 20. Voluntary appearance.
Section 10. Omitted counterclaim or cross-claim.
Section 11. Extension of time to plead. RULE 15
Motions
RULE 12 Section 1. Motion defined.
Bill of Particulars Section 2. Motions must be in writings.
Section 1. When applied for; purpose. Section 3. Contents.
Section 2. Action by the court. Section 4. Hearing of motion.
Section 3. Compliance with order. Section 5. Notice of hearing.
Section 4. Effect of non-compliance. Section 6. Proof of service necessary.
Section 5. Stay of period to file responsive pleading. Section 7. Motion day.
Section 6. Bill a part of pleading. Section 8. Omnibus motion.
Section 9. Motion for leave.
RULE 13 Section 10. Form.
Filing and Service of Pleadings, Judgments and Other Papers
Section 1. Coverage. RULE 16
Section 2. Filing and service, defined. Motion to Dismiss
Section 3. Manner of filing. Section 1. Grounds.
Section 4. Papers required to be filed and served. Section 2. Hearing of motion.
Section 5. Modes of service. Section 3. Resolution of Motion.
Section 6. Personal service. Section 4. Time to plead.
Section 7. Service by mail. Section 5. Effect of dismissal.
Section 8. Substituted service. Section 6. Pleading grounds as affirmative defenses.
Section 9. Service of judgments, final orders, or resolutions.
Section 10. Completeness of service.
Section 11. Priorities in modes of service and filing.
Section 12. Proof of filing.
Section 13. Proof of Service.
Section 14. Notice of lis pendens.

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