MMSU Law Special ADR Rules

MMSU LAW-Remedial Law Special Laws
I. Civil Procedure
1) Special Rules of Court On Alternative Dispute Resolution (A.M. No. 07-11-08-SC)
Acting on the recommendation of the Chairperson of the Sub-Committee on the Rules on

Alternative Dispute Resolution submitting for this Courts consideration and approval the proposed
Special Rules of Court on Alternative Dispute Resolution, the Court Resolved to APPROVE the same.
This Rule shall take effect on October 30, 2009 following its publication in three (3) newspapers of
general circulation. (Took Effect on September 1, 2009)
PART I-GENERAL PROVISIONS AND POLICIES
RULE 1: GENERAL PROVISIONS
Rule 1.1.Subject matter and governing rules.-The Special Rules of Court on Alternative Dispute
Resolution (the "Special ADR Rules") shall apply to and govern the following cases:
a. Relief on the issue of Existence, Validity, or Enforceability of the Arbitration Agreement;
b. Referral to Alternative Dispute Resolution ("ADR");
c. Interim Measures of Protection;
d. Appointment of Arbitrator;
e. Challenge to Appointment of Arbitrator;
f. Termination of Mandate of Arbitrator;
g. Assistance in Taking Evidence;
h. Confirmation, Correction or Vacation of Award in Domestic Arbitration;
i. Recognition and Enforcement or Setting Aside of an Award in International Commercial

Arbitration;
j. Recognition and Enforcement of a Foreign Arbitral Award;
k. Confidentiality/Protective Orders; and
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l. Deposit and Enforcement of Mediated Settlement Agreements.
Rule 1.2.Nature of the proceedings.-All proceedings under the Special ADR Rules are special
proceedings.
Rule 1.3.Summary proceedings in certain cases.-The proceedings in the following instances are
summary in nature and shall be governed by this provision:
a. Judicial Relief Involving the Issue of Existence, Validity or Enforceability of the Arbitration
Agreement;
b. Referral to ADR;
c. Interim Measures of Protection;
d. Appointment of Arbitrator;
e. Challenge to Appointment of Arbitrator;
f. Termination of Mandate of Arbitrator;
g. Assistance in Taking Evidence;
h. Confidentiality/Protective Orders; and
i. Deposit and Enforcement of Mediated Settlement Agreements.
(A) Service and filing of petition in summary proceedings.-The petitioner shall serve, either by
personal service or courier, a copy of the petition upon the respondent before the filing thereof. Proof of
service shall be attached to the petition filed in court.
For personal service, proof of service of the petition consists of the affidavit of the person who
effected service, stating the time, place and manner of the service on the respondent. For service by
courier, proof of service consists of the signed courier proof of delivery. If service is refused or has
failed, the affidavit or delivery receipt must state the circumstances of the attempted service and refusal
or failure thereof.
(B) Notice.-Except for cases involving Referral to ADR and Confidentiality/Protective Orders
made through motions, the court shall, if it finds the petition sufficient in form and substance, send
notice to the parties directing them to appear at a particular time and date for the hearing thereof which
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shall be set no later than five (5) days from the lapse of the period for filing the opposition or comment.
The notice to the respondent shall contain a statement allowing him to file a comment or opposition to
the petition within fifteen (15) days from receipt of the notice.
The motion filed pursuant to the rules on Referral to ADR or Confidentiality/Protective Orders
shall be set for hearing by the movant and contain a notice of hearing that complies with the
requirements under Rule 15 of the Rules of Court on motions.
(C) Summary hearing. - In all cases, as far as practicable, the summary hearing shall be
conducted in one (1) day and only for purposes of clarifying facts.
Except in cases involving Referral to ADR or Confidentiality/Protective Orders made through

motions, it shall be the court that sets the petition for hearing within five (5) days from the lapse of the
period for filing the opposition or comment.
(D) Resolution. - The court shall resolve the matter within a period of thirty (30) days from the
day of the hearing.
Rule 1.4.Verification and submissions. -Any pleading, motion, opposition, comment, defense or claim
filed under the Special ADR Rules by the proper party shall be supported by verified statements that
the affiant has read the same and that the factual allegations therein are true and correct of his own
personal knowledge or based on authentic records and shall contain as annexes the supporting
documents.
The annexes to the pleading, motion, opposition, comment, defense or claim filed by the proper
party may include a legal brief, duly verified by the lawyer submitting it, stating the pertinent facts, the
applicable law and jurisprudence to justify the necessity for the court to rule upon the issue raised.
Rule 1.5. Certification Against Forum Shopping. - A Certification Against Forum Shopping is one
made under oath made by the petitioner or movant: (a) that he has not theretofore commenced any
action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other
pending action or claim, a complete statement of the present status thereof; and (c) if he should
thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that
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fact within five (5) days therefrom to the court wherein his aforementioned petition or motion has been
filed.
A Certification Against Forum Shopping shall be appended to all initiatory pleadings except a
Motion to Refer the Dispute to Alternative Dispute Resolution.
Rule 1.6. Prohibited submissions. - The following pleadings, motions, or petitions shall not be allowed
in the cases governed by the Special ADR Rules and shall not be accepted for filing by the Clerk of
Court:
a. Motion to dismiss;
b. Motion for bill of particulars;
c. Motion for new trial or for reopening of trial;
d. Petition for relief from judgment;
e. Motion for extension, except in cases where an ex-parte temporary order of protection has
been issued;
f. Rejoinder to reply;
g. Motion to declare a party in default; and
h. Any other pleading specifically disallowed under any provision of the Special ADR Rules.
The court shall motu proprio order a pleading/motion that it has determined to be dilatory in
nature be expunged from the records.
Rule 1.7. Computation of time. - In computing any period of time prescribed or allowed by the Special
ADR Rules, or by order of the court, or by any applicable statute, the day of the act or event from
which the designated period of time begins to run is to be excluded and the date of performance
included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal
holiday in the place where the court sits, the time shall not run until the next working day.
Should an act be done which effectively interrupts the running of the period, the allowable
period after such interruption shall start to run on the day after notice of the cessation of the cause
thereof.
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The day of the act that caused the interruption shall be excluded from the computation of the
period.
Rule 1.8. Service and filing of pleadings, motions and other papers in non-summary proceedings. - The
initiatory pleadings shall be filed directly with the court. The court will then cause the initiatory
pleading to be served upon the respondent by personal service or courier. Where an action is already
pending, pleadings, motions and other papers shall be filed and/or served by the concerned party by
personal service or courier. Where courier services are not available, resort to registered mail is
allowed.
(A) Proof of filing. - The filing of a pleading shall be proved by its existence in the record of the
case. If it is not in the record, but is claimed to have been filed personally, the filing shall be proved by
the written or stamped acknowledgment of its filing by the clerk of court on a copy of the same; if filed
by courier, by the proof of delivery from the courier company.
(B) Proof of service. - Proof of personal service shall consist of a written admission by the party
served, or the official return of the server, or the affidavit of the party serving, containing a full
statement of the date, place and manner of service. If the service is by courier, proof thereof shall
consist of an affidavit of the proper person, stating facts showing that the document was deposited with
the courier company in a sealed envelope, plainly addressed to the party at his office, if known,
otherwise at his residence, with postage fully pre-paid, and with instructions to the courier to
immediately provide proof of delivery.
(C) Filing and service by electronic means and proof thereof. - Filing and service of pleadings
by electronic transmission may be allowed by agreement of the parties approved by the court. If the
filing or service of a pleading or motion was done by electronic transmission, proof of filing and
service shall be made in accordance with the Rules on Electronic Evidence.
Rule 1.9. No summons. - In cases covered by the Special ADR Rules, a court acquires authority to act
on the petition or motion upon proof of jurisdictional facts, i.e., that the respondent was furnished a
copy of the petition and the notice of hearing.
(A) Proof of service. - A proof of service of the petition and notice of hearing upon respondent
shall be made in writing by the server and shall set forth the manner, place and date of service.
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(B) Burden of proof. - The burden of showing that a copy of the petition and the notice of
hearing were served on the respondent rests on the petitioner.
The technical rules on service of summons do not apply to the proceedings under the Special
ADR Rules. In instances where the respondent, whether a natural or a juridical person, was not
personally served with a copy of the petition and notice of hearing in the proceedings contemplated in
the first paragraph of Rule 1.3 (B), or the motion in proceedings contemplated in the second paragraph
of Rule 1.3 (B), the method of service resorted to must be such as to reasonably ensure receipt thereof
by the respondent to satisfy the requirement of due process.
Rule 1.10. Contents of petition/motion. - The initiatory pleading in the form of a verified petition or
motion, in the appropriate case where court proceedings have already commenced, shall include the
names of the parties, their addresses, the necessary allegations supporting the petition and the relief(s)
sought.
Rule 1.11. Definition. - The following terms shall have the following meanings:
a. "ADR Laws" refers to the whole body of ADR laws in the Philippines.
b. "Appointing Authority" shall mean the person or institution named in the arbitration
agreement as the appointing authority; or the regular arbitration institution under whose rule the
arbitration is agreed to be conducted. Where the parties have agreed to submit their dispute to
institutional arbitration rules, and unless they have agreed to a different procedure, they shall be
deemed to have agreed to procedure under such arbitration rules for the selection and
appointment of arbitrators. In ad hoc arbitration, the default appointment of arbitrators shall be
made by the National President of the Integrated Bar of the Philippines or his duly authorized
representative.
c. "Authenticate" means to sign, execute or use a symbol, or encrypt a record in whole or in

part, intended to identify the authenticating party and to adopt, accept or establish the
authenticity of a record or term.
d. "Foreign Arbitral Award" is one made in a country other than the Philippines.
e. "Legal Brief" is a written legal argument submitted to a court, outlining the facts derived
from the factual statements in the witnesss statements of fact and citing the legal authorities
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relied upon by a party in a case submitted in connection with petitions, counter-petitions (i.e.,
petitions to vacate or to set aside and/or to correct/modify in opposition to petitions to confirm
or to recognize and enforce, or petitions to confirm or to recognize and enforce in opposition to
petitions to vacate or set aside and/or correct/modify), motions, evidentiary issues and other
matters that arise during the course of a case. The legal brief shall state the applicable law and
the relevant jurisprudence and the legal arguments in support of a partys position in the case.
f. "Verification" shall mean a certification under oath by a party or a person who has authority to
act for a party that he has read the pleading/motion, and that he certifies to the truth of the facts
stated therein on the basis of his own personal knowledge or authentic documents in his
possession. When made by a lawyer, verification shall mean a statement under oath by a lawyer
signing a pleading/motion for delivery to the Court or to the parties that he personally prepared
the pleading/motion, that there is sufficient factual basis for the statements of fact stated therein,
that there is sufficient basis in the facts and the law to support the prayer for relief therein, and
that the pleading/motion is filed in good faith and is not interposed for delay.
Rule 1.12. Applicability of Part II on Specific Court Relief. - Part II of the Special ADR Rules on
Specific Court Relief, insofar as it refers to arbitration, shall also be applicable to other forms of ADR.
Rule 1.13.Spirit and intent of the Special ADR Rules. In situations where no specific rule is
provided under the Special ADR Rules, the court shall resolve such matter summarily and be guided by
the spirit and intent of the Special ADR Rules and the ADR Laws.
RULE 2: STATEMENT OF POLICIES
Rule 2.1. General policies. - It is the policy of the State to actively promote the use of various modes
of ADR and to respect party autonomy or the freedom of the parties to make their own arrangements in
the resolution of disputes with the greatest cooperation of and the least intervention from the courts. To
this end, the objectives of the Special ADR Rules are to encourage and promote the use of ADR,
particularly arbitration and mediation, as an important means to achieve speedy and efficient resolution
of disputes, impartial justice, curb a litigious culture and to de-clog court dockets.
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The court shall exercise the power of judicial review as provided by these Special ADR Rules.
Courts shall intervene only in the cases allowed by law or these Special ADR Rules.
Rule 2.2. Policy on arbitration.- (A) Where the parties have agreed to submit their dispute to
arbitration, courts shall refer the parties to arbitration pursuant to Republic Act No. 9285 bearing in
mind that such arbitration agreement is the law between the parties and that they are expected to abide
by it in good faith. Further, the courts shall not refuse to refer parties to arbitration for reasons
including, but not limited to, the following:
a. The referral tends to oust a court of its jurisdiction;
b. The court is in a better position to resolve the dispute subject of arbitration;
c. The referral would result in multiplicity of suits;
d. The arbitration proceeding has not commenced;
e. The place of arbitration is in a foreign country;
f. One or more of the issues are legal and one or more of the arbitrators are not lawyers;
g. One or more of the arbitrators are not Philippine nationals; or
h. One or more of the arbitrators are alleged not to possess the required qualification under the
arbitration agreement or law.
(B) Where court intervention is allowed under ADR Laws or the Special ADR Rules, courts shall not
refuse to grant relief, as provided herein, for any of the following reasons:
a. Prior to the constitution of the arbitral tribunal, the court finds that the principal action is the
subject of an arbitration agreement; or
b. The principal action is already pending before an arbitral tribunal.
The Special ADR Rules recognize the principle of competence-competence, which means that
the arbitral tribunal may initially rule on its own jurisdiction, including any objections with respect to
the existence or validity of the arbitration agreement or any condition precedent to the filing of a
request for arbitration.
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The Special ADR Rules recognize the principle of separability of the arbitration clause, which
means that said clause shall be treated as an agreement independent of the other terms of the contract of
which it forms part. A decision that the contract is null and void shall not entail ipso jure the invalidity
of the arbitration clause.
Rule 2.3. Rules governing arbitral proceedings. - The parties are free to agree on the procedure to be
followed in the conduct of arbitral proceedings. Failing such agreement, the arbitral tribunal may
conduct arbitration in the manner it considers appropriate.
Rule 2.4. Policy implementing competence-competence principle. - The arbitral tribunal shall be
accorded the first opportunity or competence to rule on the issue of whether or not it has the
competence or jurisdiction to decide a dispute submitted to it for decision, including any objection with
respect to the existence or validity of the arbitration agreement. When a court is asked to rule upon
issue/s affecting the competence or jurisdiction of an arbitral tribunal in a dispute brought before it,
either before or after the arbitral tribunal is constituted, the court must exercise judicial restraint and
defer to the competence or jurisdiction of the arbitral tribunal by allowing the arbitral tribunal the first
opportunity to rule upon such issues.
Where the court is asked to make a determination of whether the arbitration agreement is null
and void, inoperative or incapable of being performed, under this policy of judicial restraint, the court
must make no more than a prima facie determination of that issue.
Unless the court, pursuant to such prima facie determination, concludes that the arbitration
agreement is null and void, inoperative or incapable of being performed, the court must suspend the
action before it and refer the parties to arbitration pursuant to the arbitration agreement.
Rule 2.5. Policy on mediation. - The Special ADR Rules do not apply to Court-Annexed Mediation,
which shall be governed by issuances of the Supreme Court.
Where the parties have agreed to submit their dispute to mediation, a court before which that
dispute was brought shall suspend the proceedings and direct the parties to submit their dispute to
private mediation. If the parties subsequently agree, however, they may opt to have their dispute settled
through Court-Annexed Mediation.
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Rule 2.6. Policy on Arbitration-Mediation or Mediation-Arbitration. - No arbitrator shall act as a

mediator in any proceeding in which he is acting as arbitrator; and all negotiations towards settlement
of the dispute must take place without the presence of that arbitrator. Conversely, no mediator shall act
as arbitrator in any proceeding in which he acted as mediator.
Rule 2.7. Conversion of a settlement agreement to an arbitral award. - Where the parties to mediation
have agreed in the written settlement agreement that the mediator shall become the sole arbitrator for
the dispute or that the settlement agreement shall become an arbitral award, the sole arbitrator shall
issue the settlement agreement as an arbitral award, which shall be subject to enforcement under the
law.
PART II-SPECIFIC COURT RELIEF
RULE 3: JUDICIAL RELIEF INVOLVING THE ISSUE OF EXISTENCE, VALIDITY AND

ENFORCEABILITY OF THE ARBITRATION AGREEMENT
Rule 3.1. When judicial relief is available. - The judicial relief provided in Rule 3, whether resorted to
before or after commencement of arbitration, shall apply only when the place of arbitration is in the
Philippines.
A. Judicial Relief before Commencement of Arbitration
Rule 3.2. Who may file petition. - Any party to an arbitration agreement may petition the appropriate
court to determine any question concerning the existence, validity and enforceability of such arbitration
agreement serving a copy thereof on the respondent in accordance with Rule 1.4 (A).
Rule 3.3.When the petition may be filed. - The petition for judicial determination of the existence,
validity and/or enforceability of an arbitration agreement may be filed at any time prior to the
commencement of arbitration.
Despite the pendency of the petition provided herein, arbitral proceedings may nevertheless be
commenced and continue to the rendition of an award, while the issue is pending before the court.
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Rule 3.4. Venue. - A petition questioning the existence, validity and enforceability of an arbitration
agreement may be filed before the Regional Trial Court of the place where any of the petitioners or
respondents has his principal place of business or residence.
Rule 3.5. Grounds. - A petition may be granted only if it is shown that the arbitration agreement is,
under the applicable law, invalid, void, unenforceable or inexistent.
Rule 3.6. Contents of petition. - The verified petition shall state the following:
a. The facts showing that the persons named as petitioner or respondent have legal capacity to
sue or be sued;
b. The nature and substance of the dispute between the parties;
c. The grounds and the circumstances relied upon by the petitioner to establish his position; and
d. The relief/s sought.
Apart from other submissions, the petitioner must attach to the petition an authentic copy of the
arbitration agreement.
Rule 3.7. Comment/Opposition.-The comment/opposition of the respondent must be filed within fifteen
(15) days from service of the petition.
Rule 3.8. Court action. - In resolving the petition, the court must exercise judicial restraint in
accordance with the policy set forth in Rule 2.4, deferring to the competence or jurisdiction of the
arbitral tribunal to rule on its competence or jurisdiction.
Rule 3.9. No forum shopping. - A petition for judicial relief under this Rule may not be commenced
when the existence, validity or enforceability of an arbitration agreement has been raised as one of the
issues in a prior action before the same or another court.
Rule 3.10. Application for interim relief. - If the petitioner also applies for an interim measure of
protection, he must also comply with the requirements of the Special ADR Rules for the application for
an interim measure of protection.
Rule 3.11. Relief against court action. - Where there is a prima facie determination upholding the
arbitration agreement.-A prima facie determination by the court upholding the existence, validity or
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enforceability of an arbitration agreement shall not be subject to a motion for reconsideration, appeal or
certiorari.
Such prima facie determination will not, however, prejudice the right of any party to raise the
issue of the existence, validity and enforceability of the arbitration agreement before the arbitral
tribunal or the court in an action to vacate or set aside the arbitral award. In the latter case, the courts
review of the arbitral tribunals ruling upholding the existence, validity or enforceability of the
arbitration agreement shall no longer be limited to a mere prima facie determination of such issue or
issues as prescribed in this Rule, but shall be a full review of such issue or issues with due regard,
however, to the standard for review for arbitral awards prescribed in these Special ADR Rules.
B. Judicial Relief after Arbitration Commences
Rule 3.12. Who may file petition. - Any party to arbitration may petition the appropriate court for
judicial relief from the ruling of the arbitral tribunal on a preliminary question upholding or declining
its jurisdiction. Should the ruling of the arbitral tribunal declining its jurisdiction be reversed by the
court, the parties shall be free to replace the arbitrators or any one of them in accordance with the rules
that were applicable for the appointment of arbitrator sought to be replaced.
Rule 3.13. When petition may be filed. - The petition may be filed within thirty (30) days after having
received notice of that ruling by the arbitral tribunal.
Rule 3.14. Venue. - The petition may be filed before the Regional Trial Court of the place where
arbitration is taking place, or where any of the petitioners or respondents has his principal place of
business or residence.
Rule 3.15. Grounds. - The petition may be granted when the court finds that the arbitration agreement
is invalid, inexistent or unenforceable as a result of which the arbitral tribunal has no jurisdiction to
resolve the dispute.
Rule 3.16. Contents of petition. - The petition shall state the following:
a. The facts showing that the person named as petitioner or respondent has legal capacity to sue
or be sued;
b. The nature and substance of the dispute between the parties;
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c. The grounds and the circumstances relied upon by the petitioner; and
d. The relief/s sought.
In addition to the submissions, the petitioner shall attach to the petition a copy of the request for
arbitration and the ruling of the arbitral tribunal.
The arbitrators shall be impleaded as nominal parties to the case and shall be notified of the
progress of the case.
Rule 3.17. Comment/Opposition. - The comment/opposition must be filed within fifteen (15) days from
service of the petition.
Rule 3.18. Court action. - (A) Period for resolving the petition.- The court shall render judgment on the
basis of the pleadings filed and the evidence, if any, submitted by the parties, within thirty (30) days
from the time the petition is submitted for resolution.
(B) No injunction of arbitration proceedings. - The court shall not enjoin the arbitration proceedings
during the pendency of the petition.
Judicial recourse to the court shall not prevent the arbitral tribunal from continuing the proceedings and
rendering its award.
(C) When dismissal of petition is appropriate. - The court shall dismiss the petition if it fails to comply
with Rule 3.16 above; or if upon consideration of the grounds alleged and the legal briefs submitted by
the parties, the petition does not appear to be prima facie meritorious.
Rule 3.19. Relief against court action. - The aggrieved party may file a motion for reconsideration of
the order of the court. The decision of the court shall, however, not be subject to appeal. The ruling of
the court affirming the arbitral tribunals jurisdiction shall not be subject to a petition for certiorari. The
ruling of the court that the arbitral tribunal has no jurisdiction may be the subject of a petition for
certiorari.
Rule 3.20. Where no petition is allowed. - Where the arbitral tribunal defers its ruling on preliminary
question regarding its jurisdiction until its final award, the aggrieved party cannot seek judicial relief to
question the deferral and must await the final arbitral award before seeking appropriate judicial
recourse.
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A ruling by the arbitral tribunal deferring resolution on the issue of its jurisdiction until final
award, shall not be subject to a motion for reconsideration, appeal or a petition for certiorari.
Rule 3.21. Rendition of arbitral award before court decision on petition from arbitral tribunals
preliminary ruling on jurisdiction. - If the arbitral tribunal renders a final arbitral award and the Court
has not rendered a decision on the petition from the arbitral tribunals preliminary ruling affirming its
jurisdiction, that petition shall become ipso facto moot and academic and shall be dismissed by the
Regional Trial Court. The dismissal shall be without prejudice to the right of the aggrieved party to
raise the same issue in a timely petition to vacate or set aside the award.
Rule 3.22. Arbitral tribunal a nominal party. - The arbitral tribunal is only a nominal party. The court
shall not require the arbitral tribunal to submit any pleadings or written submissions but may consider
the same should the latter participate in the proceedings, but only as nominal parties thereto.
RULE 4: REFERRAL TO ADR
Rule 4.1. Who makes the request. - A party to a pending action filed in violation of the arbitration
agreement, whether contained in an arbitration clause or in a submission agreement, may request the
court to refer the parties to arbitration in accordance with such agreement.
Rule 4.2.When to make request. - (A)Where the arbitration agreement exists before the action is filed. -
The request for referral shall be made not later than the pre-trial conference. After the pre-trial
conference, the court will only act upon the request for referral if it is made with the agreement of all
parties to the case.
(B) Submission agreement. - If there is no existing arbitration agreement at the time the case is filed but
the parties subsequently enter into an arbitration agreement, they may request the court to refer their
dispute to arbitration at any time during the proceedings.
Rule 4.3. Contents of request. - The request for referral shall be in the form of a motion, which shall
state that the dispute is covered by an arbitration agreement.
Apart from other submissions, the movant shall attach to his motion an authentic copy of the
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The request shall contain a notice of hearing addressed to all parties specifying the date and
time when it would be heard. The party making the request shall serve it upon the respondent to give
him the opportunity to file a comment or opposition as provided in the immediately succeeding Rule
before the hearing.
service of the petition. The comment/opposition should show that: (a) there is no agreement to refer the
dispute to arbitration; and/or (b) the agreement is null and void; and/or (c) the subject-matter of the
dispute is not capable of settlement or resolution by arbitration in accordance with Section 6 of the
ADR Act.
Rule 4.5. Court action. - After hearing, the court shall stay the action and, considering the statement of
policy embodied in Rule 2.4, above, refer the parties to arbitration if it finds prima facie, based on the
pleadings and supporting documents submitted by the parties, that there is an arbitration agreement and
that the subject-matter of the dispute is capable of settlement or resolution by arbitration in accordance
with Section 6 of the ADR Act. Otherwise, the court shall continue with the judicial proceedings.
Rule 4.6. No reconsideration, appeal or certiorari. - An order referring the dispute to arbitration shall
be immediately executory and shall not be subject to a motion for reconsideration, appeal or petition
for certiorari.
An order denying the request to refer the dispute to arbitration shall not be subject to an appeal,
but may be the subject of a motion for reconsideration and/or a petition for certiorari.
Rule 4.7. Multiple actions and parties. - The court shall not decline to refer some or all of the parties to
arbitration for any of the following reasons:
a. Not all of the disputes subject of the civil action may be referred to arbitration;
b. Not all of the parties to the civil action are bound by the arbitration agreement and referral to
arbitration would result in multiplicity of suits;
c. The issues raised in the civil action could be speedily and efficiently resolved in its entirety
by the court rather than in arbitration;
d. Referral to arbitration does not appear to be the most prudent action; or
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e. The stay of the action would prejudice the rights of the parties to the civil action who are not
bound by the arbitration agreement.
The court may, however, issue an order directing the inclusion in arbitration of those parties
who are not bound by the arbitration agreement but who agree to such inclusion provided those
originally bound by it do not object to their inclusion.
Rule 4.8. Arbitration to proceed.- Despite the pendency of the action referred to in Rule 4.1, above,
arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while
the action is pending before the court.
RULE 5: INTERIM MEASURES OF PROTECTION
Rule 5.1. Who may ask for interim measures of protection. - A party to an arbitration agreement may
petition the court for interim measures of protection.
Rule 5.2. When to petition. - A petition for an interim measure of protection may be made (a) before
arbitration is commenced, (b) after arbitration is commenced, but before the constitution of the arbitral
tribunal, or (c) after the constitution of the arbitral tribunal and at any time during arbitral proceedings
but, at this stage, only to the extent that the arbitral tribunal has no power to act or is unable to act
effectively.
Rule 5.3. Venue. - A petition for an interim measure of protection may be filed with the Regional Trial
Court, which has jurisdiction over any of the following places:
a. Where the principal place of business of any of the parties to arbitration is located;
b. Where any of the parties who are individuals resides;
c. Where any of the acts sought to be enjoined are being performed, threatened to be performed
or not being performed; or
d. Where the real property subject of arbitration, or a portion thereof is situated.
Rule 5.4. Grounds. - The following grounds, while not limiting the reasons for the court to grant an
interim measure of protection, indicate the nature of the reasons that the court shall consider in granting
the relief:
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a. The need to prevent irreparable loss or injury;
b. The need to provide security for the performance of any obligation;
c. The need to produce or preserve evidence; or
d. The need to compel any other appropriate act or omission.
Rule 5.5. Contents of the petition. - The verified petition must state the following:
a. The fact that there is an arbitration agreement;
b. The fact that the arbitral tribunal has not been constituted, or if constituted, is unable to act or
would be unable to act effectively;
c. A detailed description of the appropriate relief sought;
d. The grounds relied on for the allowance of the petition
Apart from other submissions, the petitioner must attach to his petition an authentic copy of the
Rule 5.6. Type of interim measure of protection that a court may grant.- The following, among others,
are the interim measures of protection that a court may grant:
a. Preliminary injunction directed against a party to arbitration;
b. Preliminary attachment against property or garnishment of funds in the custody of a bank or a

third person;
c. Appointment of a receiver;
d. Detention, preservation, delivery or inspection of property; or,
e. Assistance in the enforcement of an interim measure of protection granted by the arbitral

tribunal, which the latter cannot enforce effectively.
Rule 5.7. Dispensing with prior notice in certain cases. - Prior notice to the other party may be
dispensed with when the petitioner alleges in the petition that there is an urgent need to either (a)
preserve property, (b) prevent the respondent from disposing of, or concealing, the property, or (c)
17
prevent the relief prayed for from becoming illusory because of prior notice, and the court finds that the
reason/s given by the petitioner are meritorious.
service of the petition. The opposition or comment should state the reasons why the interim measure of
protection should not be granted.
Rule 5.9. Court action. - After hearing the petition, the court shall balance the relative interests of the
parties and inconveniences that may be caused, and on that basis resolve the matter within thirty (30)
days from (a) submission of the opposition, or (b) upon lapse of the period to file the same, or (c) from
termination of the hearing that the court may set only if there is a need for clarification or further
argument.
If the other parties fail to file their opposition on or before the day of the hearing, the court shall
motu propriorender judgment only on the basis of the allegations in the petition that are substantiated
by supporting documents and limited to what is prayed for therein.
In cases where, based solely on the petition, the court finds that there is an urgent need to either
(a) preserve property, (b) prevent the respondent from disposing of, or concealing, the property, or (c)
prevent the relief prayed for from becoming illusory because of prior notice, it shall issue an
immediately executory temporary order of protection and require the petitioner, within five (5) days
from receipt of that order, to post a bond to answer for any damage that respondent may suffer as a
result of its order. The ex-parte temporary order of protection shall be valid only for a period of twenty
(20) days from the service on the party required to comply with the order. Within that period, the court
shall:
a. Furnish the respondent a copy of the petition and a notice requiring him to comment
thereon on or before the day the petition will be heard; and
b. Notify the parties that the petition shall be heard on a day specified in the notice, which
must not be beyond the twenty (20) day period of the effectivity of the ex-parte order.
The respondent has the option of having the temporary order of protection lifted by posting an
appropriate counter-bond as determined by the court.
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If the respondent requests the court for an extension of the period to file his opposition or
comment or to reset the hearing to a later date, and such request is granted, the court shall extend the
period of validity of the ex-partetemporary order of protection for no more than twenty days from
expiration of the original period.
After notice and hearing, the court may either grant or deny the petition for an interim measure
of protection. The order granting or denying any application for interim measure of protection in aid of
arbitration must indicate that it is issued without prejudice to subsequent grant, modification,
amendment, revision or revocation by an arbitral tribunal.
Rule 5.10. Relief against court action. - If respondent was given an opportunity to be heard on a
petition for an interim measure of protection, any order by the court shall be immediately executory,
but may be the subject of a motion for reconsideration and/or appeal or, if warranted, a petition for
certiorari.
Rule 5.11. Duty of the court to refer back. - The court shall not deny an application for assistance in
implementing or enforcing an interim measure of protection ordered by an arbitral tribunal on any or all
of the following grounds:
a. The arbitral tribunal granted the interim relief ex parte; or
b. The party opposing the application found new material evidence, which the arbitral tribunal
had not considered in granting in the application, and which, if considered, may produce a
different result; or
c. The measure of protection ordered by the arbitral tribunal amends, revokes, modifies or is
inconsistent with an earlier measure of protection issued by the court.
If it finds that there is sufficient merit in the opposition to the application based on letter (b)
above, the court shall refer the matter back to the arbitral tribunal for appropriate determination.
Rule 5.12. Security. - The order granting an interim measure of protection may be conditioned upon the
provision of security, performance of an act, or omission thereof, specified in the order.
The Court may not change or increase or decrease the security ordered by the arbitral tribunal.
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Rule 5.13. Modification, amendment, revision or revocation of courts previously issued interim
measure of protection. - Any court order granting or denying interim measure/s of protection is issued
without prejudice to subsequent grant, modification, amendment, revision or revocation by the arbitral
tribunal as may be warranted.
An interim measure of protection issued by the arbitral tribunal shall, upon its issuance be
deemed to have ipso jure modified, amended, revised or revoked an interim measure of protection
previously issued by the court to the extent that it is inconsistent with the subsequent interim measure
of protection issued by the arbitral tribunal.
Rule 5.14. Conflict or inconsistency between interim measure of protection issued by the court and by
the arbitral tribunal. - Any question involving a conflict or inconsistency between an interim measure
of protection issued by the court and by the arbitral tribunal shall be immediately referred by the court
to the arbitral tribunal which shall have the authority to decide such question.
Rule 5.15. Court to defer action on petition for an interim measure of protection when informed of
constitution of the arbitral tribunal. - The court shall defer action on any pending petition for an
interim measure of protection filed by a party to an arbitration agreement arising from or in connection
with a dispute thereunder upon being informed that an arbitral tribunal has been constituted pursuant to
such agreement. The court may act upon such petition only if it is established by the petitioner that the
arbitral tribunal has no power to act on any such interim measure of protection or is unable to act
thereon effectively.
Rule 5.16. Court assistance should arbitral tribunal be unable to effectively enforce interim measure of
protection. - The court shall assist in the enforcement of an interim measure of protection issued by the
arbitral tribunal which it is unable to effectively enforce.
RULE 6: APPOINTMENT OF ARBITRATORS
Rule 6.1. When the court may act as Appointing Authority. - The court shall act as Appointing
Authority only in the following instances:
a. Where any of the parties in an institutional arbitration failed or refused to appoint an

arbitrator or when the parties have failed to reach an agreement on the sole arbitrator (in an
arbitration before a sole arbitrator) or when the two designated arbitrators have failed to reach
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an agreement on the third or presiding arbitrator (in an arbitration before a panel of three
arbitrators), and the institution under whose rules arbitration is to be conducted fails or is unable
to perform its duty as appointing authority within a reasonable time from receipt of the request
for appointment;
b. In all instances where arbitration is ad hoc and the parties failed to provide a method for
appointing or replacing an arbitrator, or substitute arbitrator, or the method agreed upon is
ineffective, and the National President of the Integrated Bar of the Philippines (IBP) or his duly
authorized representative fails or refuses to act within such period as may be allowed under the
pertinent rules of the IBP or within such period as may be agreed upon by the parties, or in the
absence thereof, within thirty (30) days from receipt of such request for appointment;
c. Where the parties agreed that their dispute shall be resolved by three arbitrators but no
method of appointing those arbitrators has been agreed upon, each party shall appoint one
arbitrator and the two arbitrators thus appointed shall appoint a third arbitrator. If a party fails to
appoint his arbitrator within thirty (30) days of receipt of a request to do so from the other party,
or if the two arbitrators fail to agree on the third arbitrator within a reasonable time from their
appointment, the appointment shall be made by the Appointing Authority. If the latter fails or
refuses to act or appoint an arbitrator within a reasonable time from receipt of the request to do
so, any party or the appointed arbitrator/s may request the court to appoint an arbitrator or the
third arbitrator as the case may be.
Rule 6.2. Who may request for appointment. - Any party to an arbitration may request the court to act
as an Appointing Authority in the instances specified in Rule 6.1 above.
Rule 6.3.Venue. - The petition for appointment of arbitrator may be filed, at the option of the petitioner,
in the Regional Trial Court (a) where the principal place of business of any of the parties is located, (b)
if any of the parties are individuals, where those individuals reside, or (c) in the National Capital
Region.
Rule 6.4.Contents of the petition. -The petition shall state the following:
a. The general nature of the dispute;
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b. If the parties agreed on an appointment procedure, a description of that procedure with

reference to the agreement where such may be found;
c. The number of arbitrators agreed upon or the absence of any agreement as to the number of
arbitrators;
d. The special qualifications that the arbitrator/s must possess, if any, that were agreed upon by
the parties;
e. The fact that the Appointing Authority, without justifiable cause, has failed or refused to act
as such within the time prescribed or in the absence thereof, within a reasonable time, from the
date a request is made; and
f. The petitioner is not the cause of the delay in, or failure of, the appointment of the arbitrator.
Apart from other submissions, the petitioner must attach to the petition (a) an authentic copy of the
arbitration agreement, and (b) proof that the Appointing Authority has been notified of the filing of the
petition for appointment with the court.
Rule 6.6. Submission of list of arbitrators. - The court may, at its option, also require each party to
submit a list of not less than three (3) proposed arbitrators together with their curriculum vitae.
Rule 6.7. Court action. - After hearing, if the court finds merit in the petition, it shall appoint an
arbitrator; otherwise, it shall dismiss the petition.
In making the appointment, the court shall have regard to such considerations as are likely to
secure the appointment of an independent and impartial arbitrator.
At any time after the petition is filed and before the court makes an appointment, it shall also
dismiss the petition upon being informed that the Appointing Authority has already made the
appointment.
Rule 6.8. Forum shopping prohibited. - When there is a pending petition in another court to declare the
arbitration agreement inexistent, invalid, unenforceable, on account of which the respondent failed or
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refused to participate in the selection and appointment of a sole arbitrator or to appoint a party-
nominated arbitrator, the petition filed under this rule shall be dismissed.
Rule 6.9. Relief against court action. - If the court appoints an arbitrator, the order appointing an
arbitrator shall be immediately executory and shall not be the subject of a motion for reconsideration,
appeal or certiorari. An order of the court denying the petition for appointment of an arbitrator may,
however, be the subject of a motion for reconsideration, appeal or certiorari.
RULE 7: CHALLENGE TO APPOINTMENT OF ARBITRATOR
Rule 7.1. Who may challenge. - Any of the parties to an arbitration may challenge an arbitrator.
Rule 7.2. When challenge may be raised in court. - When an arbitrator is challenged before the arbitral
tribunal under the procedure agreed upon by the parties or under the procedure provided for in Article
13 (2) of the Model Law and the challenge is not successful, the aggrieved party may request the
Appointing Authority to rule on the challenge, and it is only when such Appointing Authority fails or
refuses to act on the challenge within such period as may be allowed under the applicable rule or in the
absence thereof, within thirty (30) days from receipt of the request, that the aggrieved party may renew
the challenge in court.
Rule 7.3. Venue. - The challenge shall be filed with the Regional Trial Court (a) where the principal
place of business of any of the parties is located, (b) if any of the parties are individuals, where those
individuals reside, or (c) in the National Capital Region.
Rule 7.4. Grounds. - An arbitrator may be challenged on any of the grounds for challenge provided for
in Republic Act No. 9285 and its implementing rules, Republic Act No. 876 or the Model Law. The
nationality or professional qualification of an arbitrator is not a ground to challenge an arbitrator unless
the parties have specified in their arbitration agreement a nationality and/or professional qualification
for appointment as arbitrator.
Rule 7.5. Contents of the petition. - The petition shall state the following:
a. The name/s of the arbitrator/s challenged and his/their address;
b. The grounds for the challenge;
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c. The facts showing that the ground for the challenge has been expressly or impliedly rejected
by the challenged arbitrator/s; and
d. The facts showing that the Appointing Authority failed or refused to act on the challenge.
The court shall dismiss the petition motu proprio unless it is clearly alleged therein that the
Appointing Authority charged with deciding the challenge, after the resolution of the arbitral tribunal
rejecting the challenge is raised or contested before such Appointing Authority, failed or refused to act
on the challenge within thirty (30) days from receipt of the request or within such longer period as may
apply or as may have been agreed upon by the parties.
Rule 7.6. Comment/Opposition. - The challenged arbitrator or other parties may file a comment or
opposition within fifteen (15) days from service of the petition.
Rule 7.7. Court action. - After hearing, the court shall remove the challenged arbitrator if it finds merit
in the petition; otherwise, it shall dismiss the petition.
The court shall allow the challenged arbitrator who subsequently agrees to accept the challenge
to withdraw as arbitrator.
The court shall accept the challenge and remove the arbitrator in the following cases:
a. The party or parties who named and appointed the challenged arbitrator agree to the challenge
and withdraw the appointment.
b. The other arbitrators in the arbitral tribunal agree to the removal of the challenged arbitrator;
and
c. The challenged arbitrator fails or refuses to submit his comment on the petition or the brief of
legal arguments as directed by the court, or in such comment or legal brief, he fails to object to
his removal following the challenge.
The court shall decide the challenge on the basis of evidence submitted by the parties.
The court will decide the challenge on the basis of the evidence submitted by the parties in the
following instances:
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a. The other arbitrators in the arbitral tribunal agree to the removal of the challenged arbitrator;
and
b. If the challenged arbitrator fails or refuses to submit his comment on the petition or the brief
of legal arguments as directed by the court, or in such comment or brief of legal arguments, he
fails to object to his removal following the challenge.
Rule 7.8. No motion for reconsideration, appeal or certiorari. - Any order of the court resolving the
petition shall be immediately executory and shall not be the subject of a motion for reconsideration,
appeal, or certiorari.
Rule 7.9. Reimbursement of expenses and reasonable compensation to challenged arbitrator. - Unless
the bad faith of the challenged arbitrator is established with reasonable certainty by concealing or
failing to disclose a ground for his disqualification, the challenged arbitrator shall be entitled to
reimbursement of all reasonable expenses he may have incurred in attending to the arbitration and to a
reasonable compensation for his work on the arbitration. Such expenses include, but shall not be
limited to, transportation and hotel expenses, if any.
A reasonable compensation shall be paid to the challenged arbitrator on the basis of the length
of time he has devoted to the arbitration and taking into consideration his stature and reputation as an
arbitrator. The request for reimbursement of expenses and for payment of a reasonable compensation
shall be filed in the same case and in the court where the petition to replace the challenged arbitrator
was filed.
The court, in determining the amount of the award to the challenged arbitrator, shall receive
evidence of expenses to be reimbursed, which may consist of air tickets, hotel bills and expenses, and
inland transportation. The court shall direct the challenging party to pay the amount of the award to the
court for the account of the challenged arbitrator, in default of which the court may issue a writ of
execution to enforce the award.
RULE 8: TERMINATION OF THE MANDATE OF ARBITRATOR
Rule 8.1.Who may request termination and on what grounds.- Any of the parties to an arbitration may
request for the termination of the mandate of an arbitrator where an arbitrator becomes de jure or de
25
facto unable to perform his function or for other reasons fails to act without undue delay and that
arbitrator, upon request of any party, fails or refuses to withdraw from his office.
Rule 8.2.When to request. - If an arbitrator refuses to withdraw from his office, and subsequently, the
Appointing Authority fails or refuses to decide on the termination of the mandate of that arbitrator
within such period as may be allowed under the applicable rule or, in the absence thereof, within thirty
(30) days from the time the request is brought before him, any party may file with the court a petition
to terminate the mandate of that arbitrator.
Rule 8.3. Venue. - A petition to terminate the mandate of an arbitrator may, at that petitioners option,
be filed with the Regional Trial Court (a) where the principal place of business of any of the parties is
located, (b) where any of the parties who are individuals resides, or (c) in the National Capital Region.
Rule 8.4. Contents of the petition. - The petition shall state the following:
a. The name of the arbitrator whose mandate is sought to be terminated;
b. The ground/s for termination;
c. The fact that one or all of the parties had requested the arbitrator to withdraw but he failed or
refused to do so;
d. The fact that one or all of the parties requested the Appointing Authority to act on the request
for the termination of the mandate of the arbitrator and failure or inability of the Appointing
Authority to act within thirty (30) days from the request of a party or parties or within such
period as may have been agreed upon by the parties or allowed under the applicable rule.
The petitioner shall further allege that one or all of the parties had requested the arbitrator to
withdraw but he failed or refused to do so.
Rule 8.6. Court action. - After hearing, if the court finds merit in the petition, it shall terminate the
mandate of the arbitrator who refuses to withdraw from his office; otherwise, it shall dismiss the
petition.
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Rule 8.7. No motion for reconsideration or appeal. - Any order of the court resolving the petition shall
be immediately executory and shall not be subject of a motion for reconsideration, appeal or petition
for certiorari.
Rule 8.8. Appointment of substitute arbitrator. - Where the mandate of an arbitrator is terminated, or he
withdraws from office for any other reason, or because of his mandate is revoked by agreement of the
parties or is terminated for any other reason, a substitute arbitrator shall be appointed according to the
rules that were applicable to the appointment of the arbitrator being replaced.
RULE 9: ASSISTANCE IN TAKING EVIDENCE
Rule 9.1. Who may request assistance. - Any party to an arbitration, whether domestic or foreign, may
request the court to provide assistance in taking evidence.
Rule 9.2. When assistance may be sought. - Assistance may be sought at any time during the course of
the arbitral proceedings when the need arises.
Rule 9.3. Venue. - A petition for assistance in taking evidence may, at the option of the petitioner, be
filed with Regional Trial Court where (a) arbitration proceedings are taking place, (b) the witnesses
reside or may be found, or (c) where the evidence may be found.
Rule 9.4. Ground. - The court may grant or execute the request for assistance in taking evidence within
its competence and according to the rules of evidence.
Rule 9.5. Type of assistance. - A party requiring assistance in the taking of evidence may petition the
court to direct any person, including a representative of a corporation, association, partnership or other
entity (other than a party to the ADR proceedings or its officers) found in the Philippines, for any of the
following:
a. To comply with a subpoena ad testificandum and/or subpoena duces tecum;
b. To appear as a witness before an officer for the taking of his deposition upon oral
examination or by written interrogatories;
c. To allow the physical examination of the condition of persons, or the inspection of

things or premises and, when appropriate, to allow the recording and/or documentation of
27
condition of persons, things or premises (i.e., photographs, video and other means of
recording/documentation);
d. To allow the examination and copying of documents; and
e. To perform any similar acts.
Rule 9.6.Contents of the petition. - The petition must state the following:
a. The fact that there is an ongoing arbitration proceeding even if such proceeding could not
continue due to some legal impediments;
b. The arbitral tribunal ordered the taking of evidence or the party desires to present evidence to
the arbitral tribunal;
c. Materiality or relevance of the evidence to be taken; and
d. The names and addresses of the intended witness/es, place where the evidence may be found,
the place where the premises to be inspected are located or the place where the acts required are
to be done.
Rule 9.8. Court action. - If the evidence sought is not privileged, and is material and relevant, the court
shall grant the assistance in taking evidence requested and shall order petitioner to pay costs attendant
to such assistance.
Rule 9.9. Relief against court action. - The order granting assistance in taking evidence shall be
immediately executory and not subject to reconsideration or appeal. If the court declines to grant
assistance in taking evidence, the petitioner may file a motion for reconsideration or appeal.
Rule 9.10. Perpetuation of testimony before the arbitral tribunal is constituted. - At anytime before
arbitration is commenced or before the arbitral tribunal is constituted, any person who desires to
perpetuate his testimony or that of another person may do so in accordance with Rule 24 of the Rules
of Court.
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Rule 9.11. Consequence of disobedience. - The court may impose the appropriate sanction on any
person who disobeys its order to testify when required or perform any act required of him.
RULE 10: CONFIDENTIALITY/PROTECTIVE ORDERS
Rule 10.1. Who may request confidentiality. - A party, counsel or witness who disclosed or who was
compelled to disclose information relative to the subject of ADR under circumstances that would create
a reasonable expectation, on behalf of the source, that the information shall be kept confidential has the
right to prevent such information from being further disclosed without the express written consent of
the source or the party who made the disclosure.
Rule 10.2. When request made. - A party may request a protective order at anytime there is a need to
enforce the confidentiality of the information obtained, or to be obtained, in ADR proceedings.
Rule 10.3. Venue. - A petition for a protective order may be filed with the Regional Trial Court where
that order would be implemented.
If there is a pending court proceeding in which the information obtained in an ADR proceeding
is required to be divulged or is being divulged, the party seeking to enforce the confidentiality of the
information may file a motion with the court where the proceedings are pending to enjoin the
confidential information from being divulged or to suppress confidential information.
Rule 10.4. Grounds. - A protective order may be granted only if it is shown that the applicant would be
materially prejudiced by an unauthorized disclosure of the information obtained, or to be obtained,
during an ADR proceeding.
Rule 10.5. Contents of the motion or petition. - The petition or motion must state the following:
a. That the information sought to be protected was obtained, or would be obtained, during an
ADR proceeding;
b. The applicant would be materially prejudiced by the disclosure of that information;
c. The person or persons who are being asked to divulge the confidential information
participated in an ADR proceedings; and
d. The time, date and place when the ADR proceedings took place.
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Apart from the other submissions, the movant must set the motion for hearing and contain a
notice of hearing in accordance with Rule 15 of the Rules of Court.
Rule 10.6. Notice. - Notice of a request for a protective order made through a motion shall be made to
the opposing parties in accordance with Rule 15 of the Rules of Court.
service of the petition. The opposition or comment may be accompanied by written proof that (a) the
information is not confidential, (b) the information was not obtained during an ADR proceeding, (c)
there was a waiver of confidentiality, or (d) the petitioner/movant is precluded from asserting
confidentiality.
Rule 10.8. Court action. - If the court finds the petition or motion meritorious, it shall issue an order
enjoining a person or persons from divulging confidential information.
In resolving the petition or motion, the courts shall be guided by the following principles
applicable to all ADR proceedings: Confidential information shall not be subject to discovery and shall
be inadmissible in any adversarial proceeding, whether judicial or quasi judicial. However, evidence or
information that is otherwise admissible or subject to discovery does not become inadmissible or
protected from discovery solely by reason of its use therein.
For mediation proceedings, the court shall be further guided by the following principles:
a. Information obtained through mediation shall be privileged and confidential.
b. A party, a mediator, or a nonparty participant may refuse to disclose and may prevent any
other person from disclosing a mediation communication.
c. In such an adversarial proceeding, the following persons involved or previously involved in a

mediation may not be compelled to disclose confidential information obtained during the
mediation: (1) the parties to the dispute; (2) the mediator or mediators; (3) the counsel for the
parties: (4) the nonparty participants; (5) any persons hired or engaged in connection with the
mediation as secretary, stenographer; clerk or assistant; and (6) any other person who obtains or
possesses confidential information by reason of his/ her profession.
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d. The protection of the ADR Laws shall continue to apply even if a mediator is found to have
failed to act impartially.
e. A mediator may not be called to testify to provide information gathered in mediation. A

mediator who is wrongfully subpoenaed shall be reimbursed the full cost of his attorney fees
and related expenses.
Rule 10.9. Relief against court action. - The order enjoining a person or persons from divulging
confidential information shall be immediately executory and may not be enjoined while the order is
being questioned with the appellate courts.
If the court declines to enjoin a person or persons from divulging confidential information, the
petitioner may file a motion for reconsideration or appeal.
Rule 10.10. Consequence of disobedience. - Any person who disobeys the order of the court to cease
from divulging confidential information shall be imposed the proper sanction by the court.
RULE 11: CONFIRMATION, CORRECTION OR VACATION OF AWARD IN DOMESTIC

ARBITRATION
Rule 11.1. Who may request confirmation, correction or vacation. - Any party to a domestic arbitration
may petition the court to confirm, correct or vacate a domestic arbitral award.
Rule 11.2. When to request confirmation, correction/modification or vacation. -
(A) Confirmation. - At any time after the lapse of thirty (30) days from receipt by the petitioner of the
arbitral award, he may petition the court to confirm that award.
(B) Correction/Modification. - Not later than thirty (30) days from receipt of the arbitral award, a party
may petition the court to correct/modify that award.
(C) Vacation. - Not later than thirty (30) days from receipt of the arbitral award, a party may petition
the court to vacate that award.
(D) A petition to vacate the arbitral award may be filed, in opposition to a petition to confirm the
arbitral award, not later than thirty (30) days from receipt of the award by the petitioner. A petition to
vacate the arbitral award filed beyond the reglementary period shall be dismissed.
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(E) A petition to confirm the arbitral award may be filed, in opposition to a petition to vacate the
arbitral award, at any time after the petition to vacate such arbitral award is filed. The dismissal of the
petition to vacate the arbitral award for having been filed beyond the reglementary period shall not
result in the dismissal of the petition for the confirmation of such arbitral award.
(F) The filing of a petition to confirm an arbitral award shall not authorize the filing of a belated
petition to vacate or set aside such award in opposition thereto.
(G) A petition to correct an arbitral award may be included as part of a petition to confirm the arbitral
award or as a petition to confirm that award.
Rule 11.3. Venue. - The petition for confirmation, correction/modification or vacation of a domestic
arbitral award may be filed with Regional Trial Court having jurisdiction over the place in which one of
the parties is doing business, where any of the parties reside or where arbitration proceedings were
conducted.
Rule 11.4. Grounds. - (A) To vacate an arbitral award. - The arbitral award may be vacated on the
following grounds:
a. The arbitral award was procured through corruption, fraud or other undue means;
b. There was evident partiality or corruption in the arbitral tribunal or any of its members;
c. The arbitral tribunal was guilty of misconduct or any form of misbehavior that has materially
prejudiced the rights of any party such as refusing to postpone a hearing upon sufficient cause
shown or to hear evidence pertinent and material to the controversy;
d. One or more of the arbitrators was disqualified to act as such under the law and willfully
refrained from disclosing such disqualification; or
e. The arbitral tribunal exceeded its powers, or so imperfectly executed them, such that a
complete, final and definite award upon the subject matter submitted to them was not made.
The award may also be vacated on any or all of the following grounds:
a. The arbitration agreement did not exist, or is invalid for any ground for the revocation of a
contract or is otherwise unenforceable; or
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b. A party to arbitration is a minor or a person judicially declared to be incompetent.
The petition to vacate an arbitral award on the ground that the party to arbitration is a minor or a
person judicially declared to be incompetent shall be filed only on behalf of the minor or incompetent
and shall allege that (a) the other party to arbitration had knowingly entered into a submission or
agreement with such minor or incompetent, or (b) the submission to arbitration was made by a guardian
or guardian ad litem who was not authorized to do so by a competent court.
In deciding the petition to vacate the arbitral award, the court shall disregard any other ground
than those enumerated above.
(B) To correct/modify an arbitral award. - The Court may correct/modify or order the arbitral tribunal
to correct/modify the arbitral award in the following cases:
a. Where there was an evident miscalculation of figures or an evident mistake in the description
of any person, thing or property referred to in the award;
b. Where the arbitrators have awarded upon a matter not submitted to them, not affecting the
merits of the decision upon the matter submitted;
c. Where the arbitrators have omitted to resolve an issue submitted to them for resolution; or
d. Where the award is imperfect in a matter of form not affecting the merits of the controversy,
and if it had been a commissioners report, the defect could have been amended or disregarded
by the Court.
Rule 11.5. Form of petition. - An application to vacate an arbitral award shall be in the form of a
petition to vacate or as a petition to vacate in opposition to a petition to confirm the same award.
An application to correct/modify an arbitral award may be included in a petition to confirm an

arbitral award or in a petition to vacate in opposition to confirm the same award.
When a petition to confirm an arbitral award is pending before a court, the party seeking to
vacate or correct/modify said award may only apply for those reliefs through a petition to vacate or
correct/modify the award in opposition to the petition to confirm the award provided that such petition
to vacate or correct/modify is filed within thirty (30) days from his receipt of the award. A petition to
33
vacate or correct/modify an arbitral award filed in another court or in a separate case before the same
court shall be dismissed, upon appropriate motion, as a violation of the rule against forum-shopping.
When a petition to vacate or correct/modify an arbitral award is pending before a court, the
party seeking to confirm said award may only apply for that relief through a petition to confirm the
same award in opposition to the petition to vacate or correct/modify the award. A petition to confirm or
correct/modify an arbitral award filed as separate proceeding in another court or in a different case
before the same court shall be dismissed, upon appropriate motion, as a violation of the rule against
forum shopping.
As an alternative to the dismissal of a second petition for confirmation, vacation or

correction/modification of an arbitral award filed in violation of the non-forum shopping rule, the court
or courts concerned may allow the consolidation of the two proceedings in one court and in one case.
Where the petition to confirm the award and petition to vacate or correct/modify were
simultaneously filed by the parties in the same court or in different courts in the Philippines, upon
motion of either party, the court may order the consolidation of the two cases before either court.
In all instances, the petition must be verified by a person who has knowledge of the
jurisdictional facts.
Rule 11.6. Contents of petition. - The petition must state the following:
a. The addresses of the parties and any change thereof;
b. The jurisdictional issues raised by a party during arbitration proceedings;
c. The grounds relied upon by the parties in seeking the vacation of the arbitral award whether
the petition is a petition for the vacation or setting aside of the arbitral award or a petition in
opposition to a petition to confirm the award; and
d. A statement of the date of receipt of the arbitral award and the circumstances under which it
was received by the petitioner.
Apart from other submissions, the petitioner must attach to the petition the following:
a. An authentic copy of the arbitration agreement;
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b. An authentic copy of the arbitral award;
c. A certification against forum shopping executed by the applicant in accordance with Section 5
of Rule 7 of the Rules of Court; and
d. An authentic copy or authentic copies of the appointment of an arbitral tribunal.
Rule 11.7. Notice. - Upon finding that the petition filed under this Rule is sufficient both in form and in
substance, the Court shall cause notice and a copy of the petition to be delivered to the respondent
allowing him to file a comment or opposition thereto within fifteen (15) days from receipt of the
petition. In lieu of an opposition, the respondent may file a petition in opposition to the petition.
The petitioner may within fifteen (15) days from receipt of the petition in opposition thereto file
a reply.
Rule 11.8. Hearing. - If the Court finds from the petition or petition in opposition thereto that there are
issues of fact, it shall require the parties, within a period of not more than fifteen (15) days from receipt
of the order, to simultaneously submit the affidavits of all of their witnesses and reply affidavits within
ten (10) days from receipt of the affidavits to be replied to. There shall be attached to the affidavits or
reply affidavits documents relied upon in support of the statements of fact in such affidavits or reply
affidavits.
If the petition or the petition in opposition thereto is one for vacation of an arbitral award, the
interested party in arbitration may oppose the petition or the petition in opposition thereto for the
reason that the grounds cited in the petition or the petition in opposition thereto, assuming them to be
true, do not affect the merits of the case and may be cured or remedied. Moreover, the interested party
may request the court to suspend the proceedings for vacation for a period of time and to direct the
arbitral tribunal to reopen and conduct a new hearing and take such other action as will eliminate the
grounds for vacation of the award. The opposition shall be supported by a brief of legal arguments to
show the existence of a sufficient legal basis for the opposition.
If the ground of the petition to vacate an arbitral award is that the arbitration agreement did not
exist, is invalid or otherwise unenforceable, and an earlier petition for judicial relief under Rule 3 had
been filed, a copy of such petition and of the decision or final order of the court shall be attached
thereto. But if the ground was raised before the arbitral tribunal in a motion to dismiss filed not later
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than the submission of its answer, and the arbitral tribunal ruled in favor of its own jurisdiction as a
preliminary question which was appealed by a party to the Regional Trial Court, a copy of the order,
ruling or preliminary award or decision of the arbitral tribunal, the appeal therefrom to the Court and
the order or decision of the Court shall all be attached to the petition.
If the ground of the petition is that the petitioner is an infant or a person judicially declared to be
incompetent, there shall be attached to the petition certified copies of documents showing such fact. In
addition, the petitioner shall show that even if the submission or arbitration agreement was entered into
by a guardian or guardian ad litem, the latter was not authorized by a competent court to sign such the
submission or arbitration agreement.
If on the basis of the petition, the opposition, the affidavits and reply affidavits of the parties,
the court finds that there is a need to conduct an oral hearing, the court shall set the case for hearing.
This case shall have preference over other cases before the court, except criminal cases. During the
hearing, the affidavits of witnesses shall take the place of their direct testimonies and they shall
immediately be subject to cross-examination thereon. The Court shall have full control over the
proceedings in order to ensure that the case is heard without undue delay.
Rule 11.9. Court action. - Unless a ground to vacate an arbitral award under Rule 11.5 above is fully
established, the court shall confirm the award.
An arbitral award shall enjoy the presumption that it was made and released in due course of
arbitration and is subject to confirmation by the court
In resolving the petition or petition in opposition thereto in accordance with these Special ADR
Rules, the court shall either confirm or vacate the arbitral award. The court shall not disturb the arbitral
tribunals determination of facts and/or interpretation of law.
In a petition to vacate an award or in petition to vacate an award in opposition to a petition to

confirm the award, the petitioner may simultaneously apply with the Court to refer the case back to the
same arbitral tribunal for the purpose of making a new or revised award or to direct a new hearing, or
in the appropriate case, order the new hearing before a new arbitral tribunal, the members of which
shall be chosen in the manner provided in the arbitration agreement or submission, or the law. In the
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latter case, any provision limiting the time in which the arbitral tribunal may make a decision shall be
deemed applicable to the new arbitral tribunal.
In referring the case back to the arbitral tribunal or to a new arbitral tribunal pursuant to Rule 24
of Republic Act No. 876, the court may not direct it to revise its award in a particular way, or to revise
its findings of fact or conclusions of law or otherwise encroach upon the independence of an arbitral
tribunal in the making of a final award.
RULE 12: RECOGNITION AND ENFORCEMENT OR SETTING ASIDE OF AN

INTERNATIONALCOMMERCIAL ARBITRATION AWARD
Rule 12.1.Who may request recognition and enforcement or setting aside. - Any party to an
international commercial arbitration in the Philippines may petition the proper court to recognize and
enforce or set aside an arbitral award.
Rule 12.2. When to file petition. - (A) Petition to recognize and enforce. - The petition for enforcement
and recognition of an arbitral award may be filed anytime from receipt of the award. If, however, a
timely petition to set aside an arbitral award is filed, the opposing party must file therein and in
opposition thereto the petition for recognition and enforcement of the same award within the period for
filing an opposition.
(B) Petition to set aside. - The petition to set aside an arbitral award may only be filed within three (3)
months from the time the petitioner receives a copy thereof. If a timely request is made with the arbitral
tribunal for correction, interpretation or additional award, the three (3) month period shall be counted
from the time the petitioner receives the resolution by the arbitral tribunal of that request.
A petition to set aside can no longer be filed after the lapse of the three (3) month period. The
dismissal of a petition to set aside an arbitral award for being time-barred shall not automatically result
in the approval of the petition filed therein and in opposition thereto for recognition and enforcement of
the same award. Failure to file a petition to set aside shall preclude a party from raising grounds to
resist enforcement of the award.
Rule 12.3. Venue. - A petition to recognize and enforce or set aside an arbitral award may, at the option
of the petitioner, be filed with the Regional Trial Court: (a) where arbitration proceedings were
conducted; (b) where any of the assets to be attached or levied upon is located; (c) where the act to be
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enjoined will be or is being performed; (d) where any of the parties to arbitration resides or has its
place of business; or (e) in the National Capital Judicial Region.
Rule 12.4. Grounds to set aside or resist enforcement. - The court may set aside or refuse the
enforcement of the arbitral award only if:
a. The party making the application furnishes proof that:
(i). A party to the arbitration agreement was under some incapacity, or the said
agreement is not valid under the law to which the parties have subjected it or, failing any
indication thereof, under Philippine law; or
(ii). The party making the application to set aside or resist enforcement was not given
proper notice of the appointment of an arbitrator or of the arbitral proceedings or was
otherwise unable to present his case; or
(iii). The award deals with a dispute not contemplated by or not falling within the terms
of the submission to arbitration, or contains decisions on matters beyond the scope of the
submission to arbitration; provided that, if the decisions on matters submitted to
arbitration can be separated from those not so submitted, only that part of the award
which contains decisions on matters not submitted to arbitration may be set aside or only
that part of the award which contains decisions on matters submitted to arbitration may
be enforced; or
(iv). The composition of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties, unless such agreement was in conflict with
a provision of Philippine law from which the parties cannot derogate, or, failing such
agreement, was not in accordance with Philippine law;
b. The court finds that:
(i). The subject-matter of the dispute is not capable of settlement by arbitration under the
law of the Philippines; or
(ii). The recognition or enforcement of the award would be contrary to public policy.
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In deciding the petition, the Court shall disregard any other ground to set aside or enforce the
arbitral award other than those enumerated above.
The petition to set-aside or a pleading resisting the enforcement of an arbitral award on the
ground that a party was a minor or an incompetent shall be filed only on behalf of the minor or
incompetent and shall allege that (a) the other party to arbitration had knowingly entered into a
submission or agreement with such minor or incompetent, or (b) the submission to arbitration was
made by a guardian or guardian ad litem who was not authorized to do so by a competent court.
Rule 12.5. Exclusive recourse against arbitral award. - Recourse to a court against an arbitral award
shall be made only through a petition to set aside the arbitral award and on grounds prescribed by the
law that governs international commercial arbitration. Any other recourse from the arbitral award, such
as by appeal or petition for review or petition for certiorari or otherwise, shall be dismissed by the
court.
Rule 12.6. Form. - The application to recognize and enforce or set aside an arbitral award, whether
made through a petition to recognize and enforce or to set aside or as a petition to set aside the award in
opposition thereto, or through a petition to set aside or petition to recognize and enforce in opposition
thereto, shall be verified by a person who has personal knowledge of the facts stated therein.
When a petition to recognize and enforce an arbitral award is pending, the application to set it
aside, if not yet time-barred, shall be made through a petition to set aside the same award in the same
proceedings.
When a timely petition to set aside an arbitral award is filed, the opposing party may file a
petition for recognition and enforcement of the same award in opposition thereto.
Rule 12.7. Contents of petition. - (A) Petition to recognize and enforce. - The petition to recognize and
enforce or petition to set aside in opposition thereto, or petition to set aside or petition to recognize and
enforce in opposition thereto, shall state the following:
a. The addresses of record, or any change thereof, of the parties to arbitration;
b. A statement that the arbitration agreement or submission exists;
c. The names of the arbitrators and proof of their appointment;
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d. A statement that an arbitral award was issued and when the petitioner received it; and
e. The relief sought.
Apart from other submissions, the petitioner shall attach to the petition the following:
a. An authentic copy of the arbitration agreement;
b. An authentic copy of the arbitral award;
c. A verification and certification against forum shopping executed by the applicant in

accordance with Sections 4 and 5 of Rule 7 of the Rules of Court; and
d. An authentic copy or authentic copies of the appointment of an arbitral tribunal.
(B) Petition to set aside. - The petition to set aside or petition to set aside in opposition to a petition to
recognize and enforce an arbitral award in international commercial arbitration shall have the same
contents as a petition to recognize and enforce or petition to recognize and enforce in opposition to a
petition to set aside an arbitral award. In addition, the said petitions should state the grounds relied
upon to set it aside.
Further, if the ground of the petition to set aside is that the petitioner is a minor or found
incompetent by a court, there shall be attached to the petition certified copies of documents showing
such fact. In addition, the petitioner shall show that even if the submission or arbitration agreement was
entered into by a guardian or guardian ad litem, the latter was not authorized by a competent court to
sign such the submission or arbitration agreement.
In either case, if another court was previously requested to resolve and/or has resolved, on
appeal, the arbitral tribunals preliminary determination in favor of its own jurisdiction, the petitioner
shall apprise the court before which the petition to recognize and enforce or set aside is pending of the
status of the appeal or its resolution.
Rule 12.8. Notice. - Upon finding that the petition filed under this Rule is sufficient both in form and in
substance, the court shall cause notice and a copy of the petition to be delivered to the respondent
directing him to file an opposition thereto within fifteen (15) days from receipt of the petition. In lieu of
an opposition, the respondent may file a petition to set aside in opposition to a petition to recognize and
enforce, or a petition to recognize and enforce in opposition to a petition to set aside.
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The petitioner may within fifteen (15) days from receipt of the petition to set aside in opposition
to a petition to recognize and enforce, or from receipt of the petition to recognize and enforce in
opposition to a petition to set aside, file a reply.
Rule 12.9.Submission of documents. - If the court finds that the issue between the parties is mainly one
of law, the parties may be required to submit briefs of legal arguments, not more than fifteen (15) days
from receipt of the order, sufficiently discussing the legal issues and the legal basis for the relief prayed
for by each of them.
If the court finds from the petition or petition in opposition thereto that there are issues of fact
relating to the ground(s) relied upon for the court to set aside, it shall require the parties within a period
of not more than fifteen (15) days from receipt of the order simultaneously to submit the affidavits of
all of their witnesses and reply affidavits within ten (10) days from receipt of the affidavits to be replied
to. There shall be attached to the affidavits or reply affidavits, all documents relied upon in support of
the statements of fact in such affidavits or reply affidavits.
Rule 12.10. Hearing. - If on the basis of the petition, the opposition, the affidavits and reply affidavits
of the parties, the court finds that there is a need to conduct an oral hearing, the court shall set the case
for hearing. This case shall have preference over other cases before the court, except criminal cases.
During the hearing, the affidavits of witnesses shall take the place of their direct testimonies and they
shall immediately be subject to cross-examination thereon. The court shall have full control over the
Rule 12.11. Suspension of proceedings to set aside. - The court when asked to set aside an arbitral
award may, where appropriate and upon request by a party, suspend the proceedings for a period of
time determined by it to give the arbitral tribunal an opportunity to resume the arbitral proceedings or
to take such other action as in the arbitral tribunals opinion will eliminate the grounds for setting aside.
The court, in referring the case back to the arbitral tribunal may not direct it to revise its award in a
particular way, or to revise its findings of fact or conclusions of law or otherwise encroach upon the
independence of an arbitral tribunal in the making of a final award.
The court when asked to set aside an arbitral award may also, when the preliminary ruling of an
arbitral tribunal affirming its jurisdiction to act on the matter before it had been appealed by the party
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aggrieved by such preliminary ruling to the court, suspend the proceedings to set aside to await the
ruling of the court on such pending appeal or, in the alternative, consolidate the proceedings to set aside
with the earlier appeal.
Rule 12.12. Presumption in favor of confirmation. - It is presumed that an arbitral award was made and
released in due course and is subject to enforcement by the court, unless the adverse party is able to
establish a ground for setting aside or not enforcing an arbitral award.
Rule 12.13. Judgment of the court. - Unless a ground to set aside an arbitral award under Rule 12.4
above is fully established, the court shall dismiss the petition. If, in the same proceedings, there is a
petition to recognize and enforce the arbitral award filed in opposition to the petition to set aside, the
court shall recognize and enforce the award.
In resolving the petition or petition in opposition thereto in accordance with the Special ADR
Rules, the court shall either set aside or enforce the arbitral award. The court shall not disturb the
arbitral tribunals determination of facts and/or interpretation of law.
Rule 12.14. Costs. - Unless otherwise agreed upon by the parties in writing, at the time the case is
submitted to the court for decision, the party praying for recognition and enforcement or setting aside
of an arbitral award shall submit a statement under oath confirming the costs he has incurred only in the
proceedings for such recognition and enforcement or setting aside. The costs shall include the
attorneys fees the party has paid or is committed to pay to his counsel of record.
The prevailing party shall be entitled to an award of costs, which shall include reasonable
attorneys fees of the prevailing party against the unsuccessful party. The court shall determine the
reasonableness of the claim for attorneys fees.
RULE 13: RECOGNITION AND ENFORCEMENT OF A FOREIGN ARBITRAL AWARD
Rule 13.1. Who may request recognition and enforcement. - Any party to a foreign arbitration may
petition the court to recognize and enforce a foreign arbitral award.
Rule 13.2. When to petition. - At any time after receipt of a foreign arbitral award, any party to
arbitration may petition the proper Regional Trial Court to recognize and enforce such award.
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Rule 13.3. Venue. - The petition to recognize and enforce a foreign arbitral award shall be filed, at the
option of the petitioner, with the Regional Trial Court (a) where the assets to be attached or levied upon
is located, (b) where the act to be enjoined is being performed, (c) in the principal place of business in
the Philippines of any of the parties, (d) if any of the parties is an individual, where any of those
individuals resides, or (e) in the National Capital Judicial Region.
Rule 13.4. Governing law and grounds to refuse recognition and enforcement. - The recognition and
enforcement of a foreign arbitral award shall be governed by the 1958 New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") and this Rule.
The court may, upon grounds of comity and reciprocity, recognize and enforce a foreign arbitral award
made in a country that is not a signatory to the New York Convention as if it were a Convention Award.
A Philippine court shall not set aside a foreign arbitral award but may refuse it recognition and
enforcement on any or all of the following grounds:
a. The party making the application to refuse recognition and enforcement of the award
furnishes proof that:
(i). A party to the arbitration agreement was under some incapacity; or the said
agreement is not valid under the law to which the parties have subjected it or, failing any
indication thereof, under the law of the country where the award was made; or
(ii). The party making the application was not given proper notice of the appointment of
an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iii). The award deals with a dispute not contemplated by or not falling within the terms
of the submission to arbitration, or contains decisions on matters beyond the scope of the
submission to arbitration; provided that, if the decisions on matters submitted to
arbitration can be separated from those not so submitted, only that part of the award
which contains decisions on matters not submitted to arbitration may be set aside; or
(iv). The composition of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties or, failing such agreement, was not in
accordance with the law of the country where arbitration took place; or
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(v). The award has not yet become binding on the parties or has been set aside or
suspended by a court of the country in which that award was made; or
b. The court finds that:
(i). The subject-matter of the dispute is not capable of settlement or resolution by

arbitration under Philippine law; or
(ii). The recognition or enforcement of the award would be contrary to public policy.
The court shall disregard any ground for opposing the recognition and enforcement of a foreign
arbitral award other than those enumerated above.
Rule 13.5. Contents of petition. - The petition shall state the following:
a. The addresses of the parties to arbitration;
b. In the absence of any indication in the award, the country where the arbitral award was made
and whether such country is a signatory to the New York Convention; and
c. The relief sought.
Apart from other submissions, the petition shall have attached to it the following:
a. An authentic copy of the arbitration agreement; and
b. An authentic copy of the arbitral award.
If the foreign arbitral award or agreement to arbitrate or submission is not made in English, the
petitioner shall also attach to the petition a translation of these documents into English. The translation
shall be certified by an official or sworn translator or by a diplomatic or consular agent.
Rule 13.6. Notice and opposition. - Upon finding that the petition filed under this Rule is sufficient
both in form and in substance, the court shall cause notice and a copy of the petition to be delivered to
the respondent allowing him to file an opposition thereto within thirty (30) days from receipt of the
notice and petition.
Rule 13.7. Opposition. - The opposition shall be verified by a person who has personal knowledge of
the facts stated therein.
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Rule 13.8. Submissions. - If the court finds that the issue between the parties is mainly one of law, the
parties may be required to submit briefs of legal arguments, not more than thirty (30) days from receipt
of the order, sufficiently discussing the legal issues and the legal bases for the relief prayed for by each
other.
If, from a review of the petition or opposition, there are issues of fact relating to the ground/s
relied upon for the court to refuse enforcement, the court shall, motu proprio or upon request of any
party, require the parties to simultaneously submit the affidavits of all of their witnesses within a period
of not less than fifteen (15) days nor more than thirty (30) days from receipt of the order. The court
may, upon the request of any party, allow the submission of reply affidavits within a period of not less
than fifteen (15) days nor more than thirty (30) days from receipt of the order granting said request.
There shall be attached to the affidavits or reply affidavits all documents relied upon in support of the
statements of fact in such affidavits or reply affidavits.
Rule 13.9. Hearing. - The court shall set the case for hearing if on the basis of the foregoing
submissions there is a need to do so. The court shall give due priority to hearings on petitions under this
Rule. During the hearing, the affidavits of witnesses shall take the place of their direct testimonies and
they shall immediately be subject to cross-examination. The court shall have full control over the
Rule 13.10. Adjournment/deferment of decision on enforcement of award. - The court before which a
petition to recognize and enforce a foreign arbitral award is pending, may adjourn or defer rendering a
decision thereon if, in the meantime, an application for the setting aside or suspension of the award has
been made with a competent authority in the country where the award was made. Upon application of
the petitioner, the court may also require the other party to give suitable security.
Rule 13.11. Court action. - It is presumed that a foreign arbitral award was made and released in due
course of arbitration and is subject to enforcement by the court.
The court shall recognize and enforce a foreign arbitral award unless a ground to refuse
recognition or enforcement of the foreign arbitral award under this rule is fully established.
The decision of the court recognizing and enforcing a foreign arbitral award is immediately
executory.
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In resolving the petition for recognition and enforcement of a foreign arbitral award in
accordance with these Special ADR Rules, the court shall either [a] recognize and/or enforce or [b]
refuse to recognize and enforce the arbitral award. The court shall not disturb the arbitral tribunals
determination of facts and/or interpretation of law.
Rule 13.12. Recognition and enforcement of non-convention award. - The court shall, only upon
grounds provided by these Special ADR Rules, recognize and enforce a foreign arbitral award made in
a country not a signatory to the New York Convention when such country extends comity and
reciprocity to awards made in the Philippines. If that country does not extend comity and reciprocity to
awards made in the Philippines, the court may nevertheless treat such award as a foreign judgment
enforceable as such under Rule 39, Section 48, of the Rules of Court.
PART III-PROVISIONS SPECIFIC TO MEDIATION
Rule 14.1.Application of the rules on arbitration. - Whenever applicable and appropriate, the pertinent
rules on arbitration shall be applied in proceedings before the court relative to a dispute subject to
mediation.
RULE 15: DEPOSIT AND ENFORCEMENT OF MEDIATED SETTLEMENT AGREEMENTS
Rule 15.1.Who makes a deposit. - Any party to a mediation that is not court-annexed may deposit with
the court the written settlement agreement, which resulted from that mediation.
Rule 15.2.When deposit is made. - At any time after an agreement is reached, the written settlement
agreement may be deposited.
Rule 15.3.Venue. - The written settlement agreement may be jointly deposited by the parties or
deposited by one party with prior notice to the other party/ies with the Clerk of Court of the Regional
Trial Court (a) where the principal place of business in the Philippines of any of the parties is located;
(b) if any of the parties is an individual, where any of those individuals resides; or (c) in the National
Capital Judicial Region.
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Rule 15.4.Registry Book. - The Clerk of Court of each Regional Trial Court shall keep a Registry Book
that shall chronologically list or enroll all the mediated settlement agreements/settlement awards that
are deposited with the court as well as the names and address of the parties thereto and the date of
enrollment and shall issue a Certificate of Deposit to the party that made the deposit.
Rule 15.5.Enforcement of mediated settlement agreement. - Any of the parties to a mediated settlement
agreement, which was deposited with the Clerk of Court of the Regional Trial Court, may, upon breach
thereof, file a verified petition with the same court to enforce said agreement.
Rule 15.6.Contents of petition. - The verified petition shall:
a. Name and designate, as petitioner or respondent, all parties to the mediated settlement
agreement and those who may be affected by it;
b. State the following:
(i). The addresses of the petitioner and respondents; and
(ii). The ultimate facts that would show that the adverse party has defaulted to perform
its obligation under said agreement; and
c. Have attached to it the following:
(i). An authentic copy of the mediated settlement agreement; and
(ii). Certificate of Deposit showing that the mediated settlement agreement was
deposited with the Clerk of Court.
Rule 15.7.Opposition. - The adverse party may file an opposition, within fifteen (15) days from receipt
of notice or service of the petition, by submitting written proof of compliance with the mediated
settlement agreement or such other affirmative or negative defenses it may have.
Rule 15.8.Court action. - After a summary hearing, if the court finds that the agreement is a valid
mediated settlement agreement, that there is no merit in any of the affirmative or negative defenses
raised, and the respondent has breached that agreement, in whole or in part, the court shall order the
enforcement thereof; otherwise, it shall dismiss the petition.
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PART IV-PROVISIONS SPECIFIC TO CONSTRUCTION ARBITRATION
Rule 16.1.Application of the rules on arbitration. - Whenever applicable and appropriate, the rules on
arbitration shall be applied in proceedings before the court relative to a dispute subject to construction
arbitration.
RULE 17: REFERRAL TO CIAC
Rule 17.1. Dismissal of action. - A Regional Trial Court before which a construction dispute is filed
shall, upon becoming aware that the parties have entered into an arbitration agreement, motu proprio or
upon motion made not later than the pre-trial, dismiss the case and refer the parties to arbitration to be
conducted by the Construction Industry Arbitration Commission (CIAC), unless all parties to
arbitration, assisted by their respective counsel, submit to the court a written agreement making the
court, rather than the CIAC, the body that would exclusively resolve the dispute.
Rule 17.2. Form and contents of motion. - The request for dismissal of the civil action and referral to
arbitration shall be through a verified motion that shall (a) contain a statement showing that the dispute
is a construction dispute; and (b) be accompanied by proof of the existence of the arbitration
agreement.
If the arbitration agreement or other document evidencing the existence of that agreement is
already part of the record, those documents need not be submitted to the court provided that the movant
has cited in the motion particular references to the records where those documents may be found.
The motion shall also contain a notice of hearing addressed to all parties and shall specify the date and
time when the motion will be heard, which must not be later than fifteen (15) days after the filing of the
motion. The movant shall ensure receipt by all parties of the motion at least three days before the date
of the hearing.
Rule 17.3. Opposition. - Upon receipt of the motion to refer the dispute to arbitration by CIAC, the
other party may file an opposition to the motion on or before the day such motion is to be heard. The
opposition shall clearly set forth the reasons why the court should not dismiss the case.
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Rule 17.4. Hearing. - The court shall hear the motion only once and for the purpose of clarifying
relevant factual and legal issues.
Rule 17.5. Court action. - If the other parties fail to file their opposition on or before the day of the
hearing, the court shall motu proprio resolve the motion only on the basis of the facts alleged in the
motion.
After hearing, the court shall dismiss the civil action and refer the parties to arbitration if it
finds, based on the pleadings and supporting documents submitted by the parties, that there is a valid
and enforceable arbitration agreement involving a construction dispute. Otherwise, the court shall
proceed to hear the case.
All doubts shall be resolved in favor of the existence of a construction dispute and the
Rule 17.6. Referral immediately executory. - An order dismissing the case and referring the dispute to
arbitration by CIAC shall be immediately executory.
Rule 17.7. Multiple actions and parties. - The court shall not decline to dismiss the civil action and
make a referral to arbitration by CIAC for any of the following reasons:
a. Not all of the disputes subject of the civil action may be referred to arbitration;
b. Not all of the parties to the civil action are bound by the arbitration agreement and referral to
arbitration would result in multiplicity of suits;
c. The issues raised in the civil action could be speedily and efficiently resolved in its entirety
by the Court rather than in arbitration;
d. Referral to arbitration does not appear to be the most prudent action; or
e. Dismissal of the civil action would prejudice the rights of the parties to the civil action who
are not bound by the arbitration agreement.
The court may, however, issue an order directing the inclusion in arbitration of those parties
who are bound by the arbitration agreement directly or by reference thereto pursuant to Section 34 of
Republic Act No. 9285.
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Furthermore, the court shall issue an order directing the case to proceed with respect to the
parties not bound by the arbitration agreement.
Rule 17.8. Referral- If the parties manifest that they have agreed to submit all or part of their dispute
pending with the court to arbitration by CIAC, the court shall refer them to CIAC for arbitration.
PART V-PROVISIONS SPECIFIC TO OTHER FORMS OF ADR
Rule 18.1.Applicability of rules to other forms of ADR. - This rule governs the procedure for matters
brought before the court involving the following forms of ADR:
a. Early neutral evaluation;
b. Neutral evaluation;
c. Mini-trial;
d. Mediation-arbitration;
e. A combination thereof; or
f. Any other ADR form.
Rule 18.2. Applicability of the rules on mediation. - If the other ADR form/process is more akin to
mediation (i.e., the neutral third party merely assists the parties in reaching a voluntary agreement), the
herein rules on mediation shall apply.
Rule 18.3. Applicability of rules on arbitration.-If the other ADR form/process is more akin to
arbitration (i.e., the neutral third party has the power to make a binding resolution of the dispute), the
herein rules on arbitration shall apply.
Rule 18.4. Referral. - If a dispute is already before a court, either party may before and during pre-trial,
file a motion for the court to refer the parties to other ADR forms/processes. At any time during court
proceedings, even after pre-trial, the parties may jointly move for suspension of the action pursuant to
Article 2030 of the Civil Code of the Philippines where the possibility of compromise is shown.
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Rule 18.5. Submission of settlement agreement. - Either party may submit to the court, before which
the case is pending, any settlement agreement following a neutral or an early neutral evaluation, mini-
trial or mediation-arbitration.
PART VI-MOTION FOR RECONSIDERATION, APPEAL AND CERTIORARI
RULE 19: MOTION FOR RECONSIDERATION, APPEAL AND CERTIORARI
A. MOTION FOR RECONSIDERATION
Rule 19.1. Motion for reconsideration, when allowed. - A party may ask the Regional Trial to
reconsider its ruling on the following:
a. That the arbitration agreement is inexistent, invalid or unenforceable pursuant to Rule 3.10
(B);
b. Upholding or reversing the arbitral tribunals jurisdiction pursuant to Rule 3.19;
c. Denying a request to refer the parties to arbitration;
d. Granting or denying a party an interim measure of protection;
e. Denying a petition for the appointment of an arbitrator;
f. Refusing to grant assistance in taking evidence;
g. Enjoining or refusing to enjoin a person from divulging confidential information;
h. Confirming, vacating or correcting a domestic arbitral award;
i. Suspending the proceedings to set aside an international commercial arbitral award and
referring the case back to the arbitral tribunal;
j. Setting aside an international commercial arbitral award;
k. Dismissing the petition to set aside an international commercial arbitral award, even if the
court does not recognize and/or enforce the same;
l. Recognizing and/or enforcing, or dismissing a petition to recognize and/or enforce an

international commercial arbitral award;
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m. Declining a request for assistance in taking evidence;
n. Adjourning or deferring a ruling on a petition to set aside, recognize and/or enforce an

o. Recognizing and/or enforcing a foreign arbitral award, or refusing recognition and/or

enforcement of the same; and
p. Granting or dismissing a petition to enforce a deposited mediated settlement agreement.
No motion for reconsideration shall be allowed from the following rulings of the Regional Trial Court:
a. A prima facie determination upholding the existence, validity or enforceability of an

arbitration agreement pursuant to Rule 3.1 (A);
b. An order referring the dispute to arbitration;
c. An order appointing an arbitrator;
d. Any ruling on the challenge to the appointment of an arbitrator;
e. Any order resolving the issue of the termination of the mandate of an arbitrator; and
f. An order granting assistance in taking evidence.
Rule 19.2. When to move for reconsideration. - A motion for reconsideration may be filed with the
Regional Trial Court within a non-extendible period of fifteen (15) days from receipt of the questioned
ruling or order.
Rule 19.3. Contents and notice. - The motion shall be made in writing stating the ground or grounds
therefor and shall be filed with the court and served upon the other party or parties.
Rule 19.4. Opposition or comment. - Upon receipt of the motion for reconsideration, the other party or
parties shall have a non-extendible period of fifteen (15) days to file his opposition or comment.
Rule 19.5. Resolution of motion. - A motion for reconsideration shall be resolved within thirty (30)
days from receipt of the opposition or comment or upon the expiration of the period to file such
opposition or comment.
Rule 19.6. No second motion for reconsideration. - No party shall be allowed a second motion for
reconsideration.
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B. GENERAL PROVISIONS ON APPEAL AND CERTIORARI
Rule 19.7. No appeal or certiorari on the merits of an arbitral award. - An agreement to refer a dispute
to arbitration shall mean that the arbitral award shall be final and binding. Consequently, a party to an
arbitration is precluded from filing an appeal or a petition for certiorari questioning the merits of an
arbitral award.
Rule 19.8. Subject matter and governing rules. - The remedy of an appeal through a petition for review
or the remedy of a special civil action of certiorari from a decision of the Regional Trial Court made
under the Special ADR Rules shall be allowed in the instances, and instituted only in the manner,
provided under this Rule.
Rule 19.9. Prohibited alternative remedies. - Where the remedies of appeal and certiorari are
specifically made available to a party under the Special ADR Rules, recourse to one remedy shall
preclude recourse to the other.
Rule 19.10. Rule on judicial review on arbitration in the Philippines. - As a general rule, the court can
only vacate or set aside the decision of an arbitral tribunal upon a clear showing that the award suffers
from any of the infirmities or grounds for vacating an arbitral award under Section 24 of Republic Act
No. 876 or under Rule 34 of the Model Law in a domestic arbitration, or for setting aside an award in
an international arbitration under Article 34 of the Model Law, or for such other grounds provided
under these Special Rules.
If the Regional Trial Court is asked to set aside an arbitral award in a domestic or international
arbitration on any ground other than those provided in the Special ADR Rules, the court shall entertain
such ground for the setting aside or non-recognition of the arbitral award only if the same amounts to a
violation of public policy.
The court shall not set aside or vacate the award of the arbitral tribunal merely on the ground
that the arbitral tribunal committed errors of fact, or of law, or of fact and law, as the court cannot
substitute its judgment for that of the arbitral tribunal.
Rule 19.11.Rule on judicial review of foreign arbitral award. - The court can deny recognition and
enforcement of a foreign arbitral award only upon the grounds provided in Article V of the New York
Convention, but shall have no power to vacate or set aside a foreign arbitral award.
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C. APPEALS TO THE COURT OF APPEALS
Rule 19.12.Appeal to the Court of Appeals. - An appeal to the Court of Appeals through a petition for
review under this Special Rule shall only be allowed from the following final orders of the Regional
Trial Court:
a. Granting or denying an interim measure of protection;
b. Denying a petition for appointment of an arbitrator;
c. Denying a petition for assistance in taking evidence;
d. Enjoining or refusing to enjoin a person from divulging confidential information;
e. Confirming, vacating or correcting/modifying a domestic arbitral award;
f. Setting aside an international commercial arbitration award;
g. Dismissing the petition to set aside an international commercial arbitration award even if the
court does not decide to recognize or enforce such award;
h. Recognizing and/or enforcing an international commercial arbitration award;
i. Dismissing a petition to enforce an international commercial arbitration award;
j. Recognizing and/or enforcing a foreign arbitral award;
k. Refusing recognition and/or enforcement of a foreign arbitral award;
l. Granting or dismissing a petition to enforce a deposited mediated settlement agreement; and
m. Reversing the ruling of the arbitral tribunal upholding its jurisdiction.
Rule 19.13.Where to appeal. - An appeal under this Rule shall be taken to the Court of Appeals within
the period and in the manner herein provided.
Rule 19.14.When to appeal. - The petition for review shall be filed within fifteen (15) days from notice
of the decision of the Regional Trial Court or the denial of the petitioners motion for reconsideration.
Rule 19.15.How appeal taken. - Appeal shall be taken by filing a verified petition for review in seven
(7) legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse
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party and on the Regional Trial Court. The original copy of the petition intended for the Court of
Appeals shall be marked original by the petitioner.
Upon the filing of the petition and unless otherwise prescribed by the Court of Appeals, the
petitioner shall pay to the clerk of court of the Court of Appeals docketing fees and other lawful fees of
P3,500.00 and deposit the sum of P500.00 for costs.
Exemption from payment of docket and other lawful fees and the deposit for costs may be
granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. If the Court
of Appeals denies the motion, the petitioner shall pay the docketing and other lawful fees and deposit
for costs within fifteen days from the notice of the denial.
Rule 19.16.Contents of the Petition. - The petition for review shall (a) state the full names of the parties
to the case, without impleading the court or agencies either as petitioners or respondent, (b) contain a
concise statement of the facts and issues involved and the grounds relied upon for the review, (c) be
accompanied by a clearly legible duplicate original or a certified true copy of the decision or resolution
of the Regional Trial Court appealed from, together with certified true copies of such material portions
of the record referred to therein and other supporting papers, and (d) contain a sworn certification
against forum shopping as provided in the Rules of Court. The petition shall state the specific material
dates showing that it was filed within the period fixed herein.
Rule 19.17.Effect of failure to comply with requirements. - The court shall dismiss the petition if it fails
to comply with the foregoing requirements regarding the payment of the docket and other lawful fees,
the deposit for costs, proof of service of the petition, the contents and the documents, which should
accompany the petition.
Rule 19.18.Action on the petition. - The Court of Appeals may require the respondent to file a comment
on the petition, not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it
finds, upon consideration of the grounds alleged and the legal briefs submitted by the parties, that the
petition does not appear to be prima facie meritorious.
Rule 19.19.Contents of Comment. - The comment shall be filed within ten (10) days from notice in
seven (7) legible copies and accompanied by clearly legible certified true copies of such material
portions of the record referred to therein together with other supporting papers. The comment shall (a)
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point out insufficiencies or inaccuracies in petitioners statement of facts and issues, and (b) state the
reasons why the petition should be denied or dismissed. A copy thereof shall be served on the
petitioner, and proof of such service shall be filed with the Court of Appeals.
Rule 19.20.Due course. - If upon the filing of a comment or such other pleading or documents as may
be required or allowed by the Court of Appeals or upon the expiration of the period for the filing
thereof, and on the basis of the petition or the records, the Court of Appeals finds prima facie that the
Regional Trial Court has committed an error that would warrant reversal or modification of the
judgment, final order, or resolution sought to be reviewed, it may give due course to the petition;
otherwise, it shall dismiss the same.
Rule 19.21.Transmittal of records. - Within fifteen (15) days from notice that the petition has been
given due course, the Court of Appeals may require the court or agency concerned to transmit the
original or a legible certified true copy of the entire record of the proceeding under review. The record
to be transmitted may be abridged by agreement of all parties to the proceeding. The Court of Appeals
may require or permit subsequent correction of or addition to the record.
Rule 19.22.Effect of appeal. - The appeal shall not stay the award, judgment, final order or resolution
sought to be reviewed unless the Court of Appeals directs otherwise upon such terms as it may deem
just.
Rule 19.23.Submission for decision. - If the petition is given due course, the Court of Appeals may set
the case for oral argument or require the parties to submit memoranda within a period of fifteen (15)
days from notice. The case shall be deemed submitted for decision upon the filing of the last pleading
or memorandum required by the Court of Appeals.
The Court of Appeals shall render judgment within sixty (60) days from the time the case is
submitted for decision.
Rule 19.24.Subject of appeal restricted in certain instance. - If the decision of the Regional Trial Court
refusing to recognize and/or enforce, vacating and/or setting aside an arbitral award is premised on a
finding of fact, the Court of Appeals may inquire only into such fact to determine the existence or non-
existence of the specific ground under the arbitration laws of the Philippines relied upon by the
Regional Trial Court to refuse to recognize and/or enforce, vacate and/or set aside an award. Any such
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inquiry into a question of fact shall not be resorted to for the purpose of substituting the courts
judgment for that of the arbitral tribunal as regards the latters ruling on the merits of the controversy.
Rule 19.25.Party appealing decision of court confirming arbitral award required to post bond. - The
Court of Appeals shall within fifteen (15) days from receipt of the petition require the party appealing
from the decision or a final order of the Regional Trial Court, either confirming or enforcing an arbitral
award, or denying a petition to set aside or vacate the arbitral award to post a bond executed in favor of
the prevailing party equal to the amount of the award.
Failure of the petitioner to post such bond shall be a ground for the Court of Appeals to dismiss
the petition.
D. SPECIAL CIVIL ACTION FOR CERTIORARI
Rule 19.26.Certiorari to the Court of Appeals. - When the Regional Trial Court, in making a ruling
under the Special ADR Rules, has acted without or in excess of its jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction, and there is no appeal or any plain, speedy, and
adequate remedy in the ordinary course of law, a party may file a special civil action for certiorari to
annul or set aside a ruling of the Regional Trial Court.
A special civil action for certiorari may be filed against the following orders of the court.
a. Holding that the arbitration agreement is inexistent, invalid or unenforceable;
b. Reversing the arbitral tribunals preliminary determination upholding its jurisdiction;
c. Denying the request to refer the dispute to arbitration;
d. Granting or refusing an interim relief;
e. Denying a petition for the appointment of an arbitrator;
f. Confirming, vacating or correcting a domestic arbitral award;
g. Suspending the proceedings to set aside an international commercial arbitral award

and referring the case back to the arbitral tribunal;
h. Allowing a party to enforce an international commercial arbitral award pending

appeal;
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i. Adjourning or deferring a ruling on whether to set aside, recognize and or enforce an

j. Allowing a party to enforce a foreign arbitral award pending appeal; and
k. Denying a petition for assistance in taking evidence.
Rule 19.27.Form. - The petition shall be accompanied by a certified true copy of the questioned
judgment, order or resolution of the Regional Trial Court, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the
Rules of Court.
Upon the filing of the petition and unless otherwise prescribed by the Court of Appeals, the
petitioner shall pay to the clerk of court of the Court of Appeals docketing fees and other lawful fees of
P3,500.00 and deposit the sum of P500.00 for costs. Exemption from payment of docket and other
lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion
setting forth valid grounds therefor. If the Court of Appeals denies the motion, the petitioner shall pay
the docketing and other lawful fees and deposit for costs within fifteen days from the notice of the
denial.
Rule 19.28.When to file petition. - The petition must be filed with the Court of Appeals within fifteen
(15) days from notice of the judgment, order or resolution sought to be annulled or set aside. No
extension of time to file the petition shall be allowed.
Rule 19.29.Arbitral tribunal a nominal party in the petition. - The arbitral tribunal shall only be a
nominal party in the petition for certiorari. As nominal party, the arbitral tribunal shall not be required
to submit any pleadings or written submissions to the court. The arbitral tribunal or an arbitrator may,
however, submit such pleadings or written submissions if the same serves the interest of justice.
In petitions relating to the recognition and enforcement of a foreign arbitral award, the arbitral
tribunal shall not be included even as a nominal party. However, the tribunal may be notified of the
proceedings and furnished with court processes.
Rule 19.30.Court to dismiss petition. - The court shall dismiss the petition if it fails to comply with
Rules 19.27 and 19.28 above, or upon consideration of the ground alleged and the legal briefs
submitted by the parties, the petition does not appear to be prima facie meritorious.
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Rule 19.31.Order to comment. - If the petition is sufficient in form and substance to justify such
process, the Court of Appeals shall immediately issue an order requiring the respondent or respondents
to comment on the petition within a non-extendible period of fifteen (15) days from receipt of a copy
thereof. Such order shall be served on the respondents in such manner as the court may direct, together
with a copy of the petition and any annexes thereto.
Rule 19.32.Arbitration may continue despite petition for certiorari. - A petition for certiorari to the
court from the action of the appointing authority or the arbitral tribunal allowed under this Rule shall
not prevent the arbitral tribunal from continuing the proceedings and rendering its award. Should the
arbitral tribunal continue with the proceedings, the arbitral proceedings and any award rendered therein
will be subject to the final outcome of the pending petition for certiorari.
Rule 19.33.Prohibition against injunctions. - The Court of Appeals shall not, during the pendency of
the proceedings before it, prohibit or enjoin the commencement of arbitration, the constitution of the
arbitral tribunal, or the continuation of arbitration.
Rule 19.34.Proceedings after comment is filed. - After the comment is filed, or the time for the filing
thereof has expired, the court shall render judgment granting the relief prayed for or to which the
petitioner is entitled, or denying the same, within a non-extendible period of fifteen (15) days.
Rule 19.35.Service and enforcement of order or judgment. - A certified copy of the judgment rendered
in accordance with the last preceding section shall be served upon the Regional Trial Court concerned
in such manner as the Court of Appeals may direct, and disobedience thereto shall be punished as
contempt.
E. APPEAL BY CERTIORARI TO THE SUPREME COURT
Rule 19.36.Review discretionary. - A review by the Supreme Court is not a matter of right, but of sound
judicial discretion, which will be granted only for serious and compelling reasons resulting in grave
prejudice to the aggrieved party. The following, while neither controlling nor fully measuring the
court's discretion, indicate the serious and compelling, and necessarily, restrictive nature of the grounds
that will warrant the exercise of the Supreme Courts discretionary powers, when the Court of Appeals:
a. Failed to apply the applicable standard or test for judicial review prescribed in these Special
ADR Rules in arriving at its decision resulting in substantial prejudice to the aggrieved party;
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b. Erred in upholding a final order or decision despite the lack of jurisdiction of the court that
rendered such final order or decision;
c. Failed to apply any provision, principle, policy or rule contained in these Special ADR Rules
resulting in substantial prejudice to the aggrieved party; and
d. Committed an error so egregious and harmful to a party as to amount to an undeniable excess

of jurisdiction.
The mere fact that the petitioner disagrees with the Court of Appeals determination of questions
of fact, of law or both questions of fact and law, shall not warrant the exercise of the Supreme Courts
discretionary power. The error imputed to the Court of Appeals must be grounded upon any of the
above prescribed grounds for review or be closely analogous thereto.
A mere general allegation that the Court of Appeals has committed serious and substantial error
or that it has acted with grave abuse of discretion resulting in substantial prejudice to the petitioner
without indicating with specificity the nature of such error or abuse of discretion and the serious
prejudice suffered by the petitioner on account thereof, shall constitute sufficient ground for the
Supreme Court to dismiss outright the petition.
Rule 19.37.Filing of petition with Supreme Court. - A party desiring to appeal by certiorari from a
judgment or final order or resolution of the Court of Appeals issued pursuant to these Special ADR
Rules may file with the Supreme Court a verified petition for review on certiorari. The petition shall
raise only questions of law, which must be distinctly set forth.
Rule 19.38.Time for filing; extension. - The petition shall be filed within fifteen (15) days from notice
of the judgment or final order or resolution appealed from, or of the denial of the petitioner's motion for
new trial or reconsideration filed in due time after notice of the judgment.
On motion duly filed and served, with full payment of the docket and other lawful fees and the
deposit for costs before the expiration of the reglementary period, the Supreme Court may for
justifiable reasons grant an extension of thirty (30) days only within which to file the petition.
Rule 19.39.Docket and other lawful fees; proof of service of petition. - Unless he has theretofore done
so or unless the Supreme Court orders otherwise, the petitioner shall pay docket and other lawful fees
to the clerk of court of the Supreme Court of P3,500.00 and deposit the amount of P500.00 for costs at
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the time of the filing of the petition. Proof of service of a copy thereof on the lower court concerned
and on the adverse party shall be submitted together with the petition.
Rule 19.40.Contents of petition. - The petition shall be filed in eighteen (18) copies, with the original
copy intended for the court being indicated as such by the petitioner, and shall (a) state the full name of
the appealing party as the petitioner and the adverse party as respondent, without impleading the lower
courts or judges thereof either as petitioners or respondents; (b) indicate the material dates showing
when notice of the judgment or final order or resolution subject thereof was received, when a motion
for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received; (c)
set forth concisely a statement of the matters involved, and the reasons or arguments relied on for the
allowance of the petition; (d) be accompanied by a clearly legible duplicate original, or a certified true
copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and
the requisite number of plain copies thereof, and such material portions of the record as would support
the petition; and (e) contain a sworn certification against forum shopping.
Rule 19.41.Dismissal or denial of petition. - The failure of the petitioner to comply with any of the
foregoing requirements regarding the payment of the docket and other lawful fees, deposit for costs,
proof of service of the petition, and the contents of and the documents which should accompany the
petition shall be sufficient ground for the dismissal thereof.
The Supreme Court may on its own initiative deny the petition on the ground that the appeal is
without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too
insubstantial to require consideration.
Rule 19.42. Due course;elevation of records. - If the petition is given due course, the Supreme Court
may require the elevation of the complete record of the case or specified parts thereof within fifteen
(15) days from notice.
PART VII-FINAL PROVISIONS
RULE 20: FILING AND DEPOSIT FEES
Rule 20.1.Filing fee in petitions or counter-petitions to confirm or enforce, vacate or set aside arbitral
award or for the enforcement of a mediated settlement agreement. - The filing fee for filing a petition to
61
confirm or enforce, vacate or set aside an arbitral award in a domestic arbitration or in an international
commercial arbitration, or enforce a mediated settlement agreement shall be as follows:
PhP 10,000.00 - if the award does not exceed PhP 1,000,000.00; PhP 20,000.00 - if the award
does not exceed PhP 20,000,000.00; PhP 30,000.00 - if the award does not exceed PhP
50,000,000.00; PhP 40,000.00 - if the award does not exceed PhP 100,000,000.00
PhP 50,000.00 - if the award exceeds PhP 100,000,000.00
The minimal filing fee payable in "all other actions not involving property" shall be paid
by the petitioner seeking to enforce foreign arbitral awards under the New York Convention in
the Philippines.
Rule 20.2.Filing fee for action to enforce as a counter-petition. - A petition to enforce an arbitral award
in a domestic arbitration or in an international commercial arbitration submitted as a petition to enforce
and/or recognize an award in opposition to a timely petition to vacate or set aside the arbitral award
shall require the payment of the filing fees prescribed in Rule 20.1 above.
Rule 20.3.Deposit fee for mediated settlement agreements. - Any party to a mediated settlement
agreement who deposits it with the clerk of court shall pay a deposit fee of P500.00.
Rule 20.4.Filing fee for other proceedings. - The filing fee for the filing of any other proceedings,
including applications for interim relief, as authorized under these Special Rules not covered under any
of the foregoing provisions, shall be P10,000.00.
RULE 21: COSTS
Rule 21.1.Costs. - The costs of the ADR proceedings shall be borne by the parties equally unless
otherwise agreed upon or directed by the arbitrator or arbitral tribunal.
Rule 21.2.On the dismissal of a petition against a ruling of the arbitral tribunal on a preliminary
question upholding its jurisdiction. - If the Regional Trial Court dismisses the petition against the
ruling of the arbitral tribunal on a preliminary question upholding its jurisdiction, it shall also order the
petitioner to pay the respondent all reasonable costs and expenses incurred in opposing the petition.
"Costs" shall include reasonable attorneys fees. The court shall award costs upon application of the
62
respondent after the petition is denied and the court finds, based on proof submitted by respondent, that
the amount of costs incurred is reasonable.
Rule 21.3.On recognition and enforcement of a foreign arbitral award. - At the time the case is
submitted to the court for decision, the party praying for recognition and enforcement of a foreign
arbitral award shall submit a statement under oath confirming the costs he has incurred only in the
proceedings in the Philippines for such recognition and enforcement or setting-aside. The costs shall
include attorneys fees the party has paid or is committed to pay to his counsel of record.
The prevailing party shall be entitled to an award of costs which shall include the reasonable
Rule 21.4.Costs. - At the time the case is submitted to the court for decision, the party praying for
confirmation or vacation of an arbitral award shall submit a statement under oath confirming the costs
he has incurred only in the proceedings for confirmation or vacation of an arbitral award. The costs
shall include the attorneys fees the party has paid or is committed to pay to his counsel of record.
The prevailing party shall be entitled to an award of costs with respect to the proceedings before
the court, which shall include the reasonable attorneys fees of the prevailing party against the
unsuccessful party. The court shall determine the reasonableness of the claim for attorneys fees.
Rule 21.5.Bill of Costs. - Unless otherwise agreed upon by the parties in writing, at the time the case is
submitted to the court for decision, the party praying for recognition and enforcement or for setting
aside an arbitral award shall submit a statement under oath confirming the costs he has incurred only in
the proceedings for such recognition and enforcement or setting-aside. The costs shall include
attorneys fees the party has paid or is committed to pay to his counsel of record.
The prevailing party shall be entitled to an award of costs, which shall include reasonable
Rule 21.6.Governments exemption from payment of fees. - The Republic of the Philippines, its
agencies and instrumentalities are exempt from paying legal fees provided in these Special ADR Rules.
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Local governments and government controlled corporation with or with or without independent
charters are not exempt from paying such fees.
RULE 22: APPLICABILITY OF THE RULES OF COURT
Rule 22.1.Applicability of Rules of Court. - The provisions of the Rules of Court that are applicable to
the proceedings enumerated in Rule 1.1 of these Special ADR Rules have either been included and
incorporated in these Special ADR Rules or specifically referred to herein.
In connection with the above proceedings, the Rules of Evidence shall be liberally construed to
achieve the objectives of the Special ADR Rules.
RULE 23: SEPARABILITY
Rule 23.1.Separability Clause. - If, for any reason, any part of the Special ADR Rules shall be held
unconstitutional or invalid, other Rules or provisions hereof which are not affected thereby, shall
continue to be in full force and effect.
RULE 24: TRANSITORY PROVISIONS
Rule 24.1.Transitory Provision. - Considering its procedural character, the Special ADR Rules shall be
applicable to all pending arbitration, mediation or other ADR forms covered by the ADR Act, unless
the parties agree otherwise. The Special ADR Rules, however, may not prejudice or impair vested
rights in accordance with law.
RULE 25: ONLINE DISPUTE RESOLUTION
Rule 25.1.Applicability of the Special ADR Rules to Online Dispute Resolution. - Whenever applicable
and appropriate, the Special ADR Rules shall govern the procedure for matters brought before the court
involving Online Dispute Resolution.
Rule 25.2.Scope of Online Dispute Resolution. - Online Dispute Resolution shall refer to all electronic
forms of ADR including the use of the internet and other web or computed based technologies for
facilitating ADR.
RULE 26: EFFECTIVITY Rule 26.1.Effectivity. - The Special ADR Rules shall take effect fifteen
(15) days after its complete publication in two (2) newspapers of general circulation.
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2 RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES

AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-
DISCOVERY MEASURES (A.M. No. 03-1-09-SC)-RESOLUTION
Acting on the recommendation of the Chairman of the Committee on Revision of the Rules of
Court submitting for this Court's, consideration and approval the Proposed Rule on Guidelines to be
Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-
Discovery Measures, the Court Resolved to APPROVE the same. The said Rule is hereto attached as
an integral part of this Resolution.
The Rule shall take effect on August 16, 2004 following its publication in a newspaper of
general circulation not later than July 30, 2004. (Effective on July 13, 2004)
(Sgd.)Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-

Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga JJ.
The use of pre-trial and the deposition-discovery measures are undeniably important and vital
components of case management in trial courts. To abbreviate court proceedings, ensure prompt
disposition of cases and decongest court dockets, and to further implement the pre-trial guidelines laid
down in Administrative Circular No. 3-99 dated January 15, 1999 and except as otherwise specifically
provided for in other special rules, the following guidelines are issued for the observance and guidance
of trial judges and clerks of court:
I. PRE-TRIAL
A. Civil Cases
1. Within one day from receipt of the complaint:
1.1 Summons shall be prepared and shall contain a reminder to defendant to observe restraint in
filing a motion to dismiss and instead allege the grounds thereof as defenses in the Answer, in
conformity with IBP-OCA Memorandum on Policy Guidelines dated March 12, 2002. A copy of the
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summons is hereto attached as Annex "A;" and

1.2 The court shall issue an order requiring the parties to avail of interrogatories to parties under
Rule 25 and request for admission by adverse party under Rule 26 or at their discretion make use of
depositions under Rule 23 or other measures under Rules 27 and 28 within five days from the filing of
the answer.1 A copy of the order shall be served upon the defendant together with the summons and
upon the plaintiff.
Within five (5) days from date of filing of the reply,2 the plaintiff must promptly move ex parte
that the case be set for pre-trial conference.3 If the plaintiff fails to file said motion within the given
period, the Branch COC shall issue a notice of pre-trial.
2.The parties shall submit, at least three (3) days before the pre-trial, pre-trial briefs containing
the following:
a. A statement of their willingness to enter into an amicable settlement indicating the desired
terms thereof or to submit the case to any of the alternative modes of dispute resolution;
b. A summary of admitted facts and proposed stipulation of facts;
c. The issues to be tried or resolved;
d. The documents or exhibits to be presented, stating the purpose thereof. (No evidence shall be
allowed to be presented and offered during the trial in support of a party's evidence-in-chief other than
those that had been earlier identified and pre-marked during the pre-trial, except if allowed by the court
for good cause shown);
e. A manifestation of their having availed or their intention to avail themselves of discovery
procedures or referral to commissioners; and
f. The number and names of the witnesses, the substance of their testimonies, and the
approximate number of hours that will be required by the parties for the presentation of their respective
witnesses.
A copy of the Notice of Pre-trial Conference is hereto attached as Annex "B."
The rule on the contents of the pre-trial brief must strictly be complied with.
The parties are bound by the representations and statements in their respective pre-trial briefs.
3. At the start of the pre-trial conference, the judge shall immediately refer the parties
and/or their counsel if authorized by their clients to the PMC mediation unit for purposes of mediation
if available. If mediation fails, the judge will schedule the continuance of the pre-trial conference.
66
Before the continuance, the Judge may refer the case to the Branch COC for a preliminary conference
to assist the parties in reaching a settlement, to mark the documents or exhibits to be presented by the
parties and copies thereof to be attached to the records after comparison and to consider such other
matters as may aid in its prompt disposition.
During the preliminary conference, the Branch COC shall also ascertain from the parties the
undisputed facts and admissions on the genuineness and due execution of the documents marked as
exhibits. The proceedings during .the preliminary conference shall be recorded in the "Minutes of
Preliminary Conference" to be signed by both parties and/or counsel, the form of which is hereto
attached as Annex. "C".
The minutes of preliminary conference and the exhibits shall be attached by the Branch COC to
the case record before the pre-trial.
4. Before the continuation of the pre-trial conference, the judge must study all the
pleadings of the case, and determine the issues thereof and the respective positions of the parties
thereon to enable him to intelligently steer the parties toward a possible amicable settlement of the
case, or, at the very least, to help reduce and limit the issues. The judge should not allow the
termination of pre-trial simply because of the manifestation of the parties that they cannot settle the
case. He should expose the parties to the advantages of pre-trial. He must also be mindful that there are
other important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case.
The Judge with all tact, patience, impartiality and with due regard to the rights of the parties
shall endeavor to persuade them to arrive at a settlement of the dispute.8 The court shall initially ask
the parties and their lawyers if an amicable settlement of the case is possible. If not, the judge may
confer with the parties with the opposing counsel to consider the following:
a. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim, what
manner of compromise is considered acceptable to the defendant at the present stage?
b. Given the evidence of the defendant described in his pre-trial brief to support his defense,
what manner of compromise is considered acceptable to the plaintiff at the present stage?
If not successful, the court shall confer with the party and his counsel separately.
If the manner of compromise is not acceptable, the judge shall confer with the parties without
their counsel for the same purpose of settlement.
5. If all efforts to settle fail, the trial judge shall:
67
a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings and
confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due
execution of documents;
b. Inquire if there are cases arising out of the same facts pending before other courts and
order its consolidation if warranted;
c. Inquire if the pleadings are in order. If not, order the amendments if necessary;
d. Inquire if interlocutory issues are involved and resolve the same;
e. Consider the adding or dropping of parties;
f. Scrutinize every single allegation of the complaint, answer and other pleadings and
attachments thereto and the contents of documents and all other evidence identified and pre-marked
during pre-trial in determining further admissions of facts and documents. To obtain admissions, the
Court shall ask the parties to submit the depositions taken under Rule 23, the answers to written
interrogatories under Rule 25 and the answers to request for admissions by the adverse party under
Rule 26. It may also require the production of documents or things requested by a party under Rule 27
and the results of the physical and mental examination of persons under Rule 28;
g. Define and simplify the factual and legal issues arising from the pleadings.
Uncontroverted issues and frivolous claims or defenses should be eliminated. For each factual issue,
the parties/counsel shall state all the evidence to support their positions thereon. For each legal issue,
parties/counsel shall state the applicable law and jurisprudence supporting their respective positions
thereon. If only legal issues are presented, the judge shall require the parties to submit their respective
memoranda and the court can proceed to render judgment;9
h. Determine the propriety of rendering a summary judgment dismissing the case based on
the disclosures made at the pre-trial or a judgment based on the pleadings, evidence identified and
admissions made during pre-trial;
i. Ask parties to agree on the specific trial dates for continuous trial in accordance with
Circular No. 1-89 dated January 19, 1989; adhere to the case flow chart determined by the court, which
shall contain the different stages of the proceedings up to the promulgation of the decision and use the
time frame for each stage in setting the trial dates. The One-Day Examination of Witness Rule, that is, a
witness has to be fully examined in one (1) day only, shall be strictly adhered to subject to the courts'
discretion during trial on whether or not to extend the direct and/or cross-examination for justifiable
68
reasons. On the last hearing day allotted for each party, he is required to make his formal offer of
evidence after the presentation of his last witness and the opposing party is required to immediately
interpose his objection thereto. Thereafter, the Judge shall make the ruling on the offer of evidence in
open court. However the judge has the discretion to allow the offer of evidence in writing in conformity
with Section 35, Rule 132;
j. Determine the most important witnesses to be heard and limit the number of witnesses
(Most Important Witness Rule). The facts to be proven by each witness and the approximate number of
hours per witness shall be fixed;
k. At his discretion, order the parties to use the affidavits of witnesses as direct testimonies
subject to the right to object to inadmissible portions thereof and to the right of cross-examination by
the other party. The affidavits shall be based on personal knowledge, shall set forth facts as would be
admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the
matters stated therein. The affidavits shall be in question and answer form, and shall comply with the
rules on admissibility of evidence;
l. Require the parties and/or counsel to submit to the Branch COC the names, addresses
and contact numbers of the witnesses to be summoned by subpoena;
m. Order the delegation of the reception of evidence to the Branch COC under Rule 30;
and
n. Refer the case to a trial by commissioner under Rule 32.
During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all
questions or comments by counsel or parties must be directed to the judge to avoid hostilities between
the parties.
6. The trial judge shall schedule the pre-trial in the afternoon sessions and set as many pre-
trial conferences as may be necessary.
7. All proceedings during the pre-trial shall be recorded. The minutes of each pre-trial
conference shall contain matters taken up therein more particularly admissions of facts and exhibits and
shall be signed by the parties and their counsel.
8. The judge shall issue the required Pre-Trial Order within ten (10) days after the
termination of the pre-trial. Said Order shall bind the parties, limit the trial to matters not disposed of
and control the course of the action during the trial. A sample Pre-Trial Order is hereto attached as
69
Annex "D."
However, the Court may opt to dictate the Pre-Trial Order in open court in the presence of the
parties and their counsel and with the use of a computer, shall have the same immediately finalized and
printed. Once finished, the parties and/or their counsel shall sign the same to manifest their conformity
thereto.
9. The court shall endeavor to make the parties agree to an equitable compromise or
settlement at any stage of the proceedings before rendition of judgment.
B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the public prosecutor to
submit the record of the preliminary investigation to the Branch COC for the latter to attach the same to
the record of the criminal case.
Where the accused is under preventive detention, his case shall be raffled and its records
transmitted to the judge to whom the case was raffled within three days from the filing of the complaint
or information. The accused shall be arraigned within ten days from the date of the raffle. The pre-trial
of his case shall be held within ten days after arraignment unless a shorter period is provided for by
law.
2. After the arraignment, the court shall forthwith set the pre-trial conference within thirty
days from the date of arraignment, and issue an order: (a) requiring the private offended party to appear
thereat for purposes of plea-bargaining except for violations of the Comprehensive Dangerous Drugs
Act of 2002, and for other matters requiring his presence;12 (b) referring the case to the Branch COC,
if warranted, for a preliminary conference to be set at least three days prior to the pre-trial to mark the
documents or exhibits to be presented by the parties and copies thereof to be attached to the records
after comparison and to consider other matters as may aid in its prompt disposition; and (c) informing
the parties that no evidence shall be allowed to be presented and offered during the trial other than
those identified and marked during the pre-trial except when allowed by the court for good cause
shown. A copy of the order is hereto attached as Annex "E". In mediatable cases, the judge shall refer
the parties and their counsel to the PMC unit for purposes of mediation if available.
3. During the preliminary conference, the Branch COC shall assist the parties in reaching a
settlement of the civil aspect of the case, mark the documents to be presented as exhibits and copies
70
thereof attached to the records after comparison, ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of documents marked as exhibits and consider such
other matters as may aid in the prompt disposition of the case. The proceedings during the preliminary
conference shall be recorded in the Minutes of Preliminary Conference to be signed by both parties and
counsel. (Please see Annex "B")
The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC to the
case record before the pre-trial.
4. Before the pre-trial conference the judge must study the allegations of the information,
the statements in the affidavits of witnesses and other documentary evidence which form part of the
record of the preliminary investigation.
5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act
of 2002, the trial judge shall consider plea-bargaining arrangements. Where the prosecution and the
offended party agree to the plea offered by the accused, the court shall:
a. Issue an order which contains the plea bargaining arrived at;
b. Proceed to receive evidence on the civil aspect of the case; and
c. Render and promulgate judgment of conviction, including the civil liability or damages
duly established by the evidence.
6. When plea bargaining fails, the Court shall:
a. Adopt the minutes of preliminary conference as part of the pre-trial proceedings,
execution of documents and list object and testimonial evidence;
b. Scrutinize every allegation of the information and the statements in the affidavits and
other documents which form part of the record of the preliminary investigation and other documents
identified and marked as exhibits in determining farther admissions of facts, documents and in
particular as to the following:
1. the identity of the accused;
2. court's territorial jurisdiction relative to the offense/s charged;
3. qualification of expert witness/es;
4. amount of damages;
5. genuineness and due execution of documents;
71
6. the cause of death or injury, in proper cases;

7. adoption of any evidence presented during the preliminary investigation;
8. disclosure of defenses of alibi, insanity, self-defense, exercise of public authority
and justifying or exempting circumstances; and
9. such other matters that would limit the facts in issue.
c. Define factual and legal issues;
d. Ask parties to agree on the specific trial dates and adhere to the flow chart determined
by the court which shall contain the time frames for the different stages of the proceeding up to
promulgation of decision and use the time frame for each stage in setting the trial dates;
e. Require the parties to submit to the Branch COC the names, addresses and contact
numbers of witnesses that need to be summoned by subpoena;16 and
f. Consider modification of order of trial if the accused admits the charge but interposes a
lawful defense.
7. During the pre-trial, the judge shall be the one to ask questions on issues raised therein
and all questions must be directed to him to avoid hostilities between parties.
8. All agreements or admissions made or entered during the pre-trial conference shall be
reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the
accused. The agreements covering the matters referred to in Section 1 of Rule 118 shall be approved by
the court. (Section 2, Rule 118)
9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the
minutes signed by the parties and/or their counsels.
10. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of
the pre-trial setting forth the actions taken during the pre-trial conference, the facts stipulated, the
admissions made,evidence marked, the number of witnesses to be presented and the schedule of trial.
Said Order shall bind the parties, limit the trial to matters not disposed of and control the course the
action during the trial.
I. PRE-TRIAL
A. Civil Cases
72
upon the plaintiff.
that the case be set for pre-trial conference.3 If the plaintiff fails to file said motion within the given
2. The parties shall submit, at least three (3) days before the pre-trial, pre-trial briefs containing
the following:
a. A statement of their willingness to enter into an amicable settlement indicating the
desired terms thereof or to submit the case to any of the alternative modes of dispute resolution;
d. The documents or exhibits to be presented, stating the purpose thereof. (No evidence
shall be allowed to be presented and offered during the trial in support of a party's evidence-in-chief
other than those that had been earlier identified and pre-marked during the pre-trial, except if allowed
by the court for good cause shown);
e. A manifestation of their having availed or their intention to avail themselves of
discovery procedures or referral to commissioners; and
witnesses.
The parties are bound by the representations and statements in their respective pre-trial
73
briefs.
3. At the start of the pre-trial conference, the judge shall immediately refer the parties
and/or their counsel if authorized by their clients to the PMC mediation unit for purposes of mediation
if available. If mediation fails, the judge will schedule the continuance of the pre-trial conference.
Before the continuance, the Judge may refer the case to the Branch COC for a preliminary conference
to assist the parties in reaching a settlement, to mark the documents or exhibits to be presented by the
parties and copies thereof to be attached to the records after comparison and to consider such other
matters as may aid in its prompt disposition.
4. Before the continuation of the pre-trial conference, the judge must study all the pleadings of
the case, and determine the issues thereof and the respective positions of the parties thereon to enable
him to intelligently steer the parties toward a possible amicable settlement of the case, or, at the very
least, to help reduce and limit the issues. The judge should not allow the termination of pre-trial simply
because of the manifestation of the parties that they cannot settle the case. He should expose the parties
to the advantages of pre-trial. He must also be mindful that there are other important aspects of the pre-
trial that ought to be taken up to expedite the disposition of the case.
The Judge with all tact, patience, impartiality and with due regard to the rights of the parties shall
endeavor to persuade them to arrive at a settlement of the dispute.8 The court shall initially ask the
parties and their lawyers if an amicable settlement of the case is possible. If not, the judge may confer
with the parties with the opposing counsel to consider the following:
a. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim,
what manner of compromise is considered acceptable to the defendant at the present stage?
b. Given the evidence of the defendant described in his pre-trial brief to support his
defense, what manner of compromise is considered acceptable to the plaintiff at the present stage?
74
If the manner of compromise is not acceptable, the judge shall confer with the parties without their
counsel for the same purpose of settlement.
memoranda and the court can proceed to render judgment;
h. Determine the propriety of rendering a summary judgment dismissing the case based
on the disclosures made at the pre-trial or a judgment based on the pleadings, evidence identified and
75
k. At his discretion, order the parties to use the affidavits of witnesses as direct
testimonies subject to the right to object to inadmissible portions thereof and to the right of cross-
examination by the other party. The affidavits shall be based on personal knowledge, shall set forth
facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to
testify to the matters stated therein. The affidavits shall be in question and answer form, and shall
comply with the rules on admissibility of evidence;
and
the parties.
76

Annex "D."
thereto.
9. The court shall endeavor to make the parties agree to an equitable compromise or settlement
at any stage of the proceedings before rendition of judgment.
B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the public prosecutor to submit the
record of the preliminary investigation to the Branch COC for the latter to attach the same to the record
of the criminal case.
law.
77
The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC
to the case record before the pre-trial.
5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act of
2002, the trial judge shall consider plea-bargaining arrangements. Where the prosecution and the
c. Render and promulgate judgment of conviction, including the civil liability or
damages duly established by the evidence.
b.Scrutinize every allegation of the information and the statements in the affidavits and
78
3. qualification of expert witness/es;

4. amount of damages;
8. disclosure of defenses of alibi, insanity, self-defense, exercise of public authority and
justifying or exempting circumstances; and
d. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the
court which shall contain the time frames for the different stages of the proceeding up to promulgation
of decision and use the time frame for each stage in setting the trial dates;
e. Require the parties to submit to the Branch COC the names, addresses and contact numbers
of witnesses that need to be summoned by subpoena;16 and
f. Consider modification of order of trial if the accused admits the charge but interposes a lawful
defense.
accused. The agreements covering the matters referred to in Section 1 of Rule 118 shall be approved by
the court. (Section 2, Rule 118)
admissions made, evidence marked, the number of witnesses to be presented and the schedule of trial.
79
I. PRE-TRIAL
A. Civil Cases
upon the plaintiff.
that the case be set for pre-trial conference. If the plaintiff fails to file said motion within the given
2. The parties shall submit, at least three (3) days before the pre-trial, pre-trial briefs containing
the following:
a. A statement of their willingness to enter into an amicable settlement indicating the desired
d. The documents or exhibits to be presented, stating the purpose thereof. (No evidence shall be
allowed to be presented and offered during the trial in support of a party's evidence-in-chief other than
those that had been earlier identified and pre-marked during the pre-trial, except if allowed by the court
for good cause shown);
e. A manifestation of their having availed or their intention to avail themselves of discovery
procedures or referral to commissioners; and
witnesses.
80

The parties are bound by the representations and statements in their respective pre-trial briefs.
3. At the start of the pre-trial conference, the judge shall immediately refer the parties and/or
their counsel if authorized by their clients to the PMC mediation unit for purposes of mediation if
available. If mediation fails, the judge will schedule the continuance of the pre-trial conference. Before
the continuance, the Judge may refer the case to the Branch COC for a preliminary conference to assist
the parties in reaching a settlement, to mark the documents or exhibits to be presented by the parties
and copies thereof to be attached to the records after comparison and to consider such other matters as
may aid in its prompt disposition.
4. Before the continuation of the pre-trial conference, the judge must study all the pleadings of
the case, and determine the issues thereof and the respective positions of the parties thereon to enable
him to intelligently steer the parties toward a possible amicable settlement of the case, or, at the very
least, to help reduce and limit the issues. The judge should not allow the termination of pre-trial simply
because of the manifestation of the parties that they cannot settle the case. He should expose the parties
to the advantages of pre-trial. He must also be mindful that there are other important aspects of the pre-
trial that ought to be taken up to expedite the disposition of the case.
The Judge with all tact, patience, impartiality and with due regard to the rights of the parties
shall endeavor to persuade them to arrive at a settlement of the dispute.8 The court shall initially ask
the parties and their lawyers if an amicable settlement of the case is possible. If not, the judge may
confer with the parties with the opposing counsel to consider the following:
a. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim, what
manner of compromise is considered acceptable to the defendant at the present stage?
81
b. Given the evidence of the defendant described in his pre-trial brief to support his defense,
what manner of compromise is considered acceptable to the plaintiff at the present stage?
If the manner of compromise is not acceptable, the judge shall confer with the parties without
their counsel for the same purpose of settlement.
memoranda and the court can proceed to render judgment;
h. Determine the propriety of rendering a summary judgment dismissing the case based
on the disclosures made at the pre-trial or a judgment based on the pleadings, evidence identified and
82
k. At his discretion, order the parties to use the affidavits of witnesses as direct
testimonies subject to the right to object to inadmissible portions thereof and to the right of cross-
examination by the other party. The affidavits shall be based on personal knowledge, shall set forth
facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to
testify to the matters stated therein. The affidavits shall be in question and answer form, and shall
comply with the rules on admissibility of evidence;
and
the parties.
83
Annex "D."
thereto.
9. The court shall endeavor to make the parties agree to an equitable compromise or
settlement at any stage of the proceedings before rendition of judgment.
B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the public prosecutor to
submit the record of the preliminary investigation to the Branch COC for the latter to attach the same to
the record of the criminal case.
law.
84
The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC
to the case record before the pre-trial.
5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act
of 2002, the trial judge shall consider plea-bargaining arrangements. Where the prosecution and the
c. Render and promulgate judgment of conviction, including the civil liability or damages duly
established by the evidence.
b. Scrutinize every allegation of the information and the statements in the affidavits and
85

3. qualification of expert witness/es; 4. amount of damages;
8. disclosure of defenses of alibi, insanity, self-defense, exercise of public authority and
justifying or exempting circumstances; and
d. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the
court which shall contain the time frames for the different stages of the proceeding up to promulgation
of decision and use the time frame for each stage in setting the trial dates;
e. Require the parties to submit to the Branch COC the names, addresses and contact numbers
of witnesses that need to be summoned by subpoena;16 and
f. Consider modification of order of trial if the accused admits the charge but interposes a lawful
defense.
accused. The agreements covering the matters referred to in Section 1 of Rule 118 shall be approved
by the court. (Section 2, Rule 118)
admissions made, evidence marked, the number of witnesses to be presented and the schedule of trial.
86
4 Ban on Issuance of TROs for Government Infrastructure Projects (RA 8974 and RA 8975)
A . AN ACT TO ENSURE THE EXPEDITIOUS IMPLEMENTATION AND COMPLETION OF

GOVERNMENT INFRASTRUCTURE PROJECTS BY PROHIBITING LOWER COURTS
FROM ISSUING TEMPORARY RESTRANING ORDERS. PRELIMINARY INJUNCTIONS
OR PRELIMINARY MANDATORY INJUNCTIONS, PROVIDING PENALTIES FOR
VIOLATIONS THEREOF, AND FOR OTHER PURPOSES. RA NO. 8975 (November 7, 2000)
Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled:
Section 1. Declaration of Policy. - Article XII, Section 6 of the Constitution states that the use of
property bears a social function, and all economic agents shall contribute to the common good.
Towards this end, the State shall ensure the expeditious and efficient implementation and completion of
government infrastructure projects to avoid unnecessary increase in construction, maintenance and/or
repair costs and to immediately enjoy the social and economic benefits therefrom.
Section 2. Definition of Terms.
(a) National government projects" shall refer to all current and future national government
infrastructure, engineering works and service contracts, including projects undertaken by
government-owned and controlled corporations, all projects covered by Republic Act No.
6957, as amended by Republic Act No. 7718, otherwise known as the Build-Operate-and-
Transfer Law, and other related and necessary activities such as site acquisition, supply and/or
installation of equipment and materials, implementation, construction, completion, operation,
maintenance, improvement, repair and rehabilitation, regardless of the source of funding.
(b) "Service contracts" shall refer to infrastructure contracts entered into by any department,
office or agency of the national government with private entities and non-government
organizations for services related or incidental to the functions and operations of the
department, office or agency concerned.
Section 3. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Mandatory

Injunctions. No court, except the Supreme Court, shall issue any temporary restraining order,
preliminary injunction or preliminary mandatory injunction against the government, or any of its
87
subdivisions, officials or any person or entity, whether public or private acting under the government
direction, to restrain, prohibit or compel the following acts:
(a) Acquisition, clearance and development of the right-of-way and/or site or location of any
national government project;
(b) Bidding or awarding of contract/ project of the national government as defined under
Section 2 hereof;
(c) Commencement prosecution, execution, implementation, operation of any such contract or

project;
(d) Termination or rescission of any such contract/project; and
(e) The undertaking or authorization of any other lawful activity necessary for such
contract/project.
This prohibition shall apply in all cases, disputes or controversies instituted by a private party,
including but not limited to cases filed by bidders or those claiming to have rights through such bidders
involving such contract/project. This prohibition shall not apply when the matter is of extreme urgency
involving a constitutional issue, such that unless a temporary restraining order is issued, grave injustice
and irreparable injury will arise. The applicant shall file a bond, in an amount to be fixed by the court,
which bond shall accrue in favor of the government if the court should finally decide that the applicant
was not entitled to the relief sought.
In after due hearing the court finds that the award of the contract is null and void, the court may,
if appropriate under the circumstances, award the contract to the qualified and winning bidder or order
a rebidding of the same, without prejudice to any liability that the guilty party may incur under existing
laws.
Section 4. Nullity of Writs and Orders. Any temporary restraining order, preliminary injunction or
preliminary mandatory injunction issued in violation of Section 3 hereof is void and of no force and
effect.
Section 5. Designation of Regional Trial Courts. - The Supreme Court may designate regional trial
courts to act as commissioners with the sole function of receiving facts of the case involving
88
acquisition clearance and development of right-of-way for government infrastructure projects. The
designated regional trial court shall within thirty (30) days from the date of receipt of the referral,
forwards its findings of facts to the Supreme Court for appropriate action.
Section 6. Penal Sanction. In addition to any civil and criminal liabilities he or she may incur under
existing laws, any judge who shall issue a temporary restraining order, preliminary injunction or
preliminary mandatory injunction in violation of Section 3 hereof, shall suffer the penalty of
suspension of at least sixty (60) days without pay.
Section 7. Issuance of Permits. Upon payment in cash of the necessary fees levied under Republic
Act No. 7160, as amended, otherwise known as the Local Government Code of 1991, the governor of
the province or mayor of a highly-urbanized city shall immediately issue the necessary permit to
extract sand, gravel and other quarry resources needed in government projects. The issuance of said
permit shall consider environmental laws, land use ordinances and the pertinent provisions of the Local
Government Code relating to environment.
Section 8. Separability Clause. - If any provision of this Act is declared unconstitutional or invalid,
other parts or provisions hereof not affected thereby shall continue to be of full force and effect.
Section 9. Repealing Clause. - All laws, decrees, including Presidential Decree No. 605, 1818 and
Republic Act No. 7160, as amended, orders, rules and regulations or parts thereof inconsistent with this
Act are hereby repealed or amended accordingly.
Section 10. Effectivity Clause. This Act shall take effect fifteen (15) days following its publication in
at least two (2) newspapers of general circulation. Approved: November 7, 2000
B. AN ACT TO FACILITATE THE ACQUISITION OF RIGHT-OF-WAY, SITE OR

LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS AND FOR
OTHER PURPOSES (REPUBLIC ACT NO. 8974.November 7, 2000)
Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled:
Section 1. Declaration of Policy. - Article III, Section 9 of the Constitution states that private property
shall not be taken for public use without just compensation. Towards this end, the State shall ensure
that owners of real property acquired for national government infrastructure projects are promptly paid
just compensation.
89
Section 2. National Government Projects. - The term "national government projects" shall refer to all
national government infrastructure, engineering works and service contracts, including projects
undertaken by government-owned and controlled corporations,all projects covered by Republic Act No.
6957, as amended by Republic Act No. 7718, otherwise known as the Build-Operate-and-Transfer Law,
and other related and necessary activities, such as site acquisition, supply and/or installation of
equipment and materials, implementation, construction, completion, operation, maintenance,
improvement, repair, and rehabilitation, regardless of the source of funding.
Section 3. Modes of Accounting Real Property. - The government may acquire real property needed as
right-of-way, site or location for any national government infrastructure project through donation,
negotiated sale, expropriation or any other mode of acquisition as provided by law.
Section 4. Guidelines for Expropriation Proceedings. - Whenever it is necessary to acquire real

property for the right-of-way or location for any national government infrastructure project through
expropriation, the appropriate implementing agency shall initiate the expropriation proceedings before
the proper court under the following guidelines:
(a) Upon the filing of the complaint, and after due notice to the defendant, the implementing agency
shall immediately pay the owner of the property the amount equivalent to the sum of (1) one hundred
percent (100%) of the value of the property based on the current relevant zonal valuation of the Bureau
of Internal Revenue (BIR); and (2) the value of the improvements and/or structures as determined
under Section 7 hereof;
(b) In provinces, cities, municipalities and other areas where there is no zonal valuation, the BIR is
hereby mandated within the period of sixty (60) days from the date of the expropriation case, to come
up with a zonal valuation for said area; and
(c) In case the completion of a government infrastructure project is of utmost urgency and importance,
and there is no existing valuation of the area concerned, the implementing agency shall immediately
pay the owner of the property its proffered value taking into consideration the standards prescribed in
Section 5 hereof.
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Upon compliance with the guidelines abovementioned, the court shall immediately issue to the
implementing agency an order to take possession of the property and start the implementation of the
project.
Before the court can issue a Writ of Possession, the implementing agency shall present to the
court a certificate of availability of funds from the proper official concerned.
In the event that the owner of the property contests the implementing agencys proffered value,
the court shall determine the just compensation to be paid the owner within sixty (60) days from the
date of filing of the expropriation case. When the decision of the court becomes final and executory, the
implementing agency shall pay the owner the difference between the amount already paid and the just
compensation as determined by the court.
Section 5. Standards for the Assessment of the Value of the Land Subject of Expropriation Proceedings
or Negotiated Sale. - In order to facilitate the determination of just compensation, the court may
consider, among other well-established factors, the following relevant standards:
(a) The classification and use for which the property is suited;
(b) The developmental costs for improving the land;
(c) The value declared by the owners;
(d) The current selling price of similar lands in the vicinity;
(e) The reasonable disturbance compensation for the removal and/or demolition of certain
improvement on the land and for the value of improvements thereon;
(f) This size, shape or location, tax declaration and zonal valuation of the land;
(g) The price of the land as manifested in the ocular findings, oral as well as documentary
evidence presented; and
(h) Such facts and events as to enable the affected property owners to have sufficient funds to
acquire similarly-situated lands of approximate areas as those required from them by the government,
and thereby rehabilitate themselves as early as possible.
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Section 6. Guidelines for Negotiated Sale. - Should the implementing agency and the owner of the
property agree on a negotiated sale for the acquisition of right-of-way, site or location for any national
government infrastructure project, the standards prescribed under Section 5 hereof shall be used to
determine the fair market value of the property, subject to review and approval by the head of the
agency or department concerned.
Section 7. Valuation of Improvements and/or Structures. - The Department of Public Works and
Highways and other implementing agencies concerned, in coordination with the local government units
concerned in the acquisition of right-of-way, site or location for any national government infrastructure
project, are hereby mandated to adopt within sixty (60) days upon approval of this Act, the necessary
implementing rules and regulations for the equitable valuation of the improvements and/or structures
on the land to be expropriated.
Section 8. Ecological and Environmental Concerns. - In cases involving the acquisition of right-of-
way, site or location for any national government infrastructure project, the implementing agency shall
take into account the ecological and environmental impact of the project. Before any national
government project could be undertaken, the agency shall consider environmental laws, land use
ordinances and all pertinent provisions of Republic Act No. 7160, as amended, otherwise known as the
Local Government Code of 1991.
Section 9. Squatter Relocation. - The government through the National Housing Authority, in
coordination with the local government units and implementing agencies concerned, shall establish and
develop squatter relocation sites, including the provision of adequate utilities and services, in
anticipation of squatters that have to be removed from the right-of-way or site of future infrastructure
projects. Whenever applicable, the concerned local government units shall provide and administer the
relocation sites.
In case the expropriated land is occupied by squatters, the court shall issue the necessary " Writ of
Demolition" for the purpose of dismantling any and all structures found within the subject property.
The implementing agency shall take into account and observe diligently the procedure provided for in
Sections 28 and 29 of Republic Act No. 7279, otherwise known as the Urban Development and
Housing Act of 1992.
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Funds for the relocation sites shall come from appropriations for the purpose under the General
Appropriations Act, as well as from appropriate infrastructure projects funds of the implementing
agency concerned.
Section 10. Appropriations for Acquisitions of Right-of -Way, Site or Location for Any National
Government Infrastructure Project in Advance of Project Implementation. - The government shall
provide adequate appropriations that will allow the concerned implementing agencies to acquire the
required right-of-way, site or location for any national government infrastructure project.
Section 11. Sanctions. - Violation of any provisions of this Act shall subject the government official or
employee concerned to appropriate administrative, civil and/or criminal sanctions, including
suspension and/or dismissal from the government service and forfeiture of benefits.
Section 12. Rules and Regulations. - A committee composed of theSecretary of the Department of
Public Works and Highways as chairperson, and the secretaries of the Department of Transportation
and Communications, the Department of Energy, and the Department of Justice, and the presidents of
the leagues of provinces, cities and municipalities as members shall prepare the necessary rules and
regulations for the proper implementation of this Act within sixty (60) days from its approval.
Section 13. Separability Clause. - If any provision of this Act is declared unconstitutional or invalid,
other parts or provisions hereof not affected shall continue to be in full force and effect.
Section 14. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.
Section 15. Effectivity Clause. - This Act shall take effect fifteen (15) days following its publication in
at least two (2) newspapers of general circulation.
Approved: November 7, 2000
(Sgd.) JOSEPH EJERCITO ESTRADA

President of the Philippines
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4 Quo Warranto in Election Cases (Omnibus Election Code - Article XXI)
ELECTION CONTESTS
Sec. 249. Jurisdiction of the Commission. - The Commission shall be the sole judge of all contests
relating to the elections, returns, and qualifications of all Members of the Batasang Pambansa, elective
regional, provincial and city officials.
Sec. 250. Election contests for Batasang Pambansa, regional, provincial and city offices. - A sworn
petition contesting the election of any Member of the Batasang Pambansa or any regional, provincial or
city official shall be filed with the Commission by any candidate who has duly filed a certificate of
candidacy and has been voted for the same office, within ten days after the proclamation of the results
of the election.
Sec. 251. Election contests for municipal offices. - A sworn petition contesting the election of a
municipal officer shall be filed with the proper regional trial court by any candidate who has duly filed
a certificate of candidacy and has been voted for the same office, within ten days after proclamation of
the results of the election.
Sec. 252. Election contest for barangay offices. - A sworn petition contesting the election of a
barangay officer shall be filed with the proper municipal or metropolitan trial court by any candidate
who has duly filed a certificate of candidacy and has been voted for the same office, within ten days
after the proclamation of the results of the election. The trial court shall decide the election protest
within fifteen days after the filing thereof. The decision of the municipal or metropolitan trial court
may be appealed within ten days from receipt of a copy thereof by the aggrieved party to the regional
trial court which shall decide the case within thirty days from its submission, and whose decisions shall
be final.
Sec. 253. Petition for quo warranto. - Any voter contesting the election of any Member of the
Batasang Pambansa, regional, provincial, or city officer on the ground of ineligibility or of disloyalty to
the Republic of the Philippines shall file a sworn petition for quo warranto with the Commission within
ten days after the proclamation of the results of the election.
Any voter contesting the election of any municipal or barangay officer on the ground of
ineligibility or of disloyalty to the Republic of the Philippines shall file a sworn petition for quo
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warranto with the regional trial court or metropolitan or municipal trial court, respectively, within ten
days after the proclamation of the results of the election.
Sec. 254. Procedure in election contests. - The Commission shall prescribe the rules to govern the
procedure and other matters relating to election contests pertaining to all national, regional, provincial,
and city offices not later than thirty days before such elections. Such rules shall provide a simple and
inexpensive procedure for the expeditious disposition of election contests and shall be published in at
least two newspapers of general circulation.
However, with respect to election contests involving municipal and barangay offices the following
rules of procedure shall govern:
a. Notice of the protest contesting the election of a candidate for a municipal or barangay
office shall be served upon the candidate by means of a summons at the postal address stated in
his certificate of candidacy except when the protestee, without waiting for the summons, has
made the court understand that he has been notified of the protest or has filed his answer hereto;
b. The protestee shall answer the protest within five days after receipt of the summons, or,
in case there has been no summons from the date of his appearance and in all cases before the
commencement of the hearing of the protest or contest. The answer shall deal only with the
election in the polling places which are covered by the allegations of the contest;
c. Should the protestee desire to impugn the votes received by the protestant in other
polling places, he shall file a counter-protest within the same period fixed for the answer serving
a copy thereof upon the protestant by registered mail or by personal delivery or through the
sheriff;
d. The protestant shall answer the counter-protest within five days after notice;
e. Within the period of five days counted from the filing of the protest any other candidate
for the same office may intervene in the case as other contestants and ask for affirmative relief
in his favor by a petition in intervention, which shall be considered as another contest, except
that it shall be substantiated within the same proceedings. The protestant or protestee shall
answer the protest in intervention within five days after notice;
f. If no answer shall be filed to the contest, counter-protest, or to the protest in
intervention, within the time limits respectively fixed, a general denial shall be deemed to have
been entered;
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g. In election contest proceedings, the permanent registry list of voters shall be conclusive
in regard to the question as to who had the right to vote in said election.
Sec. 255. Judicial counting of votes in election contest. - Where allegations in a protest or counter-
protest so warrant, or whenever in the opinion of the court the interests of justice so require, it shall
immediately order the book of voters, ballot boxes and their keys, ballots and other documents used in
the election be brought before it and that the ballots be examined and the votes recounted.
Sec. 256. Appeals. - Appeals from any decision rendered by the regional trial court under
Section 251 and paragraph two, Section 253 hereof with respect to quo warranto petitions filed in
election contests affecting municipal officers, the aggrieved party may appeal to the Intermediate
Appellate Court within five days after receipt of a copy of the decision. No motion for reconsideration
shall be entertained by the court. The appeal shall be decided within sixty days after the case has been
submitted for decision.
Sec. 257. Decision in the Commission. - The Commission shall decide all election cases brought
before it within ninety days from the date of their submission for decision. The decision of the
Commission shall become final thirty days after receipt of judgment.
Sec. 258. Preferential disposition of contests in courts. - The courts, in their respective cases, shall
give preference to election contests over all other cases, except those of habeas corpus, and shall
without delay, hear and, within thirty days from the date of their submission for decision, but in every
case within six months after filing, decide the same.
Sec. 259. Actual or compensatory damages. - Actual or compensatory damages may be granted in all
election contests or in quo warranto proceedings in accordance with law.
Sec. 260. Notice of decisions. - The clerk of court and the corresponding official in the Commission
before whom an election contest or a quo warranto proceeding has been instituted or where the appeal
of said case has been taken shall notify immediately the President of the Philippines of the final
disposition thereof. In election contests involving provincial, city, municipal, or barangay offices,
notice of such final disposition shall also be sent to the secretary of the local sanggunian concerned. If
the decision be that none of the parties has been legally elected, said official shall certify such decision
to the President of the Philippines and, in appropriate cases, to the Commission.
Approved: 03 December 1985
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5 Rules on Custody of Minors and Writ of Habeas Corpus in relation to Custody of Minors
(A.M. No. 03-04-04-SC)
RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS

IN RELATION TO CUSTODY OF MINORS
RESOLUTION
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for
this Courts consideration and approval the Proposed Rule on custody of Minors and Writ of Habeas
Corpus in Relation to Custody of Minors, the Court Resolved to APPROVE the same.
The Rule shall take effect on May 15, 2003 following its publication in a newspaper of general
circulation not later than April 30, 2003. (Effective April 22, 2003)
SECTION 1. Applicability. - This rule shall apply to petitions for custody of minors and writs of
habeas corpus in relation thereto.
The Rules of Court shall apply suppletorily.
Section 2. Petition for custody of minors; who may file.- A verified petition for the rightful custody of
a minor may be filed by any person claiming such right. The party against whom it may be filed shall
be designated as the respondent.
Section 3. Where to file petition. - The petition for custody of minors shall be filed with the Family
Court of the province or city where the petitioner resides or where the minor may be found.
Section 4. Contents of petition. - The verified petition shall allege the following:
(a) The personal circumstances of the petitioner and of the respondent;
(b) The name, age and present whereabouts of the minor and his or her relationship to the
petitioner and the respondent;
(c) The material operative facts constituting deprivation of custody; and
(d) Such other matters which are relevant to the custody of the minor.
The verified petition shall be accompanied by a certificate against forum shopping, which the petitioner
must sign personally.
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Section 5. Summons; personal service on respondent. - If the court is satisfied that the petition is
sufficient in form and substance, it shall direct the clerk of court to issue summons, which shall be
served together with a copy of the petition personally on the respondent.
Section 6. Motion to Dismiss. - A motion to dismiss the petition is not allowed except on the ground of
lack of jurisdiction over the subject matter or over the parties. Any other ground that might warrant the
dismissal of the petition may be raised as an affirmative defense in the answer.
Section 7. Verified Answer. - The respondent shall file an answer to the petition, personally verified by
him, within five days after service of summons and a copy of the petition.
Section 8. Case study; duty of social worker. - Upon the filing of the verified answer or the expiration
of the period to file it, the court may order a social worker to make a case study of the minor and the
parties and to submit a report and recommendation to the court at least three days before the scheduled
pre-trial.
Section 9. Notice of mandatory pre-trial. - Within fifteen days after the filing of the answer or the
expiration of the period to file answer, the court shall issue an order: (1) fixing a date for the pre-trial
conference; (2) directing the parties to file and serve their respective pre-trial briefs in such manner as
shall ensure receipt thereof by the adverse party at least three days before the date of pre-trial; and (3)
requiring the respondent to present the minor before the court.
The notice of its order shall be served separately on both the parties and their respective counsels. The
pre-trial is mandatory.
Section 10. Contents of pre-trial brief. - The pre-trial brief shall contain the following:
(a) A statement of the willingness of the parties to enter into agreements that may be allowed by
law, indicating its terms;
(b) A concise statement of their respective claims together with the applicable laws and
authorities;
(c) Admitted facts and proposed stipulations of facts;
(d) The disputed factual and legal issues;
(e) All the evidence to be presented, briefly stating or describing its nature and purpose;
(f) The number and names of the witnesses and their respective affidavits which shall serve as
the affiant's testimony on direct examination; and
(g) Such other matters as the court may require to be included in the pre-trial brief.
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Failure to file the pre-trial brief or to comply with its required contents shall have the same effect as
failure to appear at the pre-trial.
Section 11. Effect of failure to appear at the pre-trial.-(a) If the petitioner fails to appear personally at
the pre-trial, the case shall be dismissed, unless his counsel or a duly authorized representative appears
in court and proves a valid excuse for the non-appearance of the petitioner.
(b) If the respondent has filed his answer but fails to appear at the pre-trial, the petitioner shall be
allowed to present his evidence ex parte. The court shall then render judgment on the basis of the
pleadings and the evidence thus presented.
Section 12. What may be done at pre-trial. - At the pre-trial, the parties may agree on the custody of
the minor. If the parties fail to agree, the court may refer the matter to a mediator who shall have five
days to effect an agreement between the parties. If the issue is not settled through mediation, the court
shall proceed with the pre-trial conference, on which occasion it shall consider such other matters as
may aid in the prompt disposition of the petition.
Section 13. Provisional order awarding custody. - After an answer has been filed or after expiration of
the period to file it, the court may issue a provisional order awarding custody of the minor. As far as
practicable, the following order of preference shall be observed in the award of custody:
(a) Both parents jointly;
(b) Either parent, taking into account all relevant considerations, especially the choice of the
minor over seven years of age and of sufficient discernment, unless the parent chosen is unfit;
(c) The grandparent, or if there are several grandparents, the grandparent chosen by the minor
over seven years of age and of sufficient discernment, unless the grandparent chosen is unfit or
disqualified;
(d) The eldest brother or sister over twenty-one years of age, unless he or she is unfit or
disqualified;
(e) The actual custodian of the minor over twenty-one years of age, unless the former is unfit or
disqualified; or
(f) Any other person or institution the court may deem suitable to provide proper care and
guidance for the minor.
Section 14. Factors to consider in determining custody. - In awarding custody, the court shall consider
the best interests of the minor and shall give paramount consideration to his material and moral
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welfare. The best interests of the minor refer to the totality of the circumstances and conditions as are
most congenial to the survival, protection, and feelings of security of the minor encouraging to his
physical, psychological and emotional development. It also means the least detrimental available
alternative for safeguarding the growth and development of the minor.
The court shall also consider the following:
(a) Any extrajudicial agreement which the parties may have bound themselves to comply with
respecting the rights of the minor to maintain direct contact with the non custodial parent on a
regular basis, except when there is an existing threat or danger of physical, mental, sexual or
emotional violence which endangers the safety and best interests of the minor;
(b) The desire and ability of one parent to foster an open and loving relationship between the
minor and the other parent;
(c) The health, safety and welfare of the minor;
(d) Any history of child or spousal abuse by the person seeking custody or who has had any
filial relationship with the minor, including anyone courting the parent;
(e) The nature and frequency of contact with both parents;
(f) Habitual use of alcohol, dangerous drugs or regulated substances;
(g) Marital misconduct;
(h) The most suitable physical, emotional, spiritual, psychological and educational environment
for the holistic development and growth of the minor; and
(i) The preference of the minor over seven years of age and of sufficient discernment, unless the
parent chosen is unfit.
Section 15. Temporary visitation rights. - The court shall provide in its order awarding provisional
custody appropriate visitation rights to the non-custodial parent or parents, unless the court finds said
parent or parents unfit or disqualified.
The temporary custodian shall give the court and non custodial parent or parents at least five days'
notice of any plan to change the residence of the minor or take him out of his residence for more than
three days provided it does not prejudice the visitation rights of the non-custodial parent or parents.
Section 16. Hold Departure Order. - The minor child subject of the petition shall not be brought out of
the country without prior order from the court while the petition is pending.
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The court, motu proprio or upon application under oath, may issue ex parte a hold departure order,
addressed to the Bureau of Immigration and Deportation, directing it not to allow the departure of the
minor from the Philippines without the permission of the court.
The Family Court issuing the hold departure order shall furnish the Department of Foreign Affairs and
the Bureau of Immigration and Deportation of the Department of Justice a copy of the hold departure
order within twenty-four hours from its issuance and through the fastest available means of transmittal.
The hold departure order shall contain the following information:
(a) The complete name (including the middle name), the date and place of birth, the nationality
and the place of last residence of the person against whom a hold departure order has been
issued or whose departure from the country has been enjoined;
(b) The complete title and docket number of the case in which the hold departure order was
issued;
(c) The specific nature of the case;
(d) The date of the hold departure order; and
(e) A recent photograph, if available, of the party against whom a hold departure order has been
issued or whose departure from the country has been enjoined.
The court may recall the hold departure order motu proprio, or upon verified motion of any of the
parties after summary hearing, subject to such terms and conditions as may be necessary for the best
interests of the minor.
Section 17. Protection Order. - The court may issue a Protection Order requiring any person:
(a) To stay away from the home, school, business, or place of employment of the minor, other
parent or any other party, or from any other specific place designated by the court;
(b) To cease and desist from harassing, intimidating, or threatening such minor or the other
parent or any person to whom custody of the minor is awarded;
(c) To refrain from acts of commission or omission that create an unreasonable risk to the
health, safety, or welfare of the minor;
(d) To permit a parent, or a party entitled to visitation by a court order or a separation
agreement, to visit the minor at stated periods;
(e) To permit a designated party to enter the residence during a specified period of time in order
to take personal belongings not contested in a proceeding pending with the Family Court; and
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(f) To comply with such other orders as are necessary for the protection of the minor.
Section 18. Judgment. - After trial, the court shall render judgment awarding the custody of the minor
to the proper party considering the best interests of the minor.
If it appears that both parties are unfit to have the care and custody of the minor, the court may
designate either the paternal or maternal grandparent of the minor, or his oldest brother or sister, or any
reputable person to take charge of such minor, or commit him to any suitable home for children.
In its judgment, the court may order either or both parents to give an amount necessary for the support,
maintenance and education of the minor, irrespective of who may be its custodian. In determining the
amount of support, the court may consider the following factors: (1) the financial resources of the
custodial and non-custodial parent and those of the minor; (2) the physical and emotional health,
special needs, and aptitude of the minor; (3) the standard of living the minor has been accustomed to;
and (4) the non-monetary contributions that the parents would make toward the care and well-being of
the minor.
The court may also issue any order that is just and reasonable permitting the parent who is deprived of
the care and custody of the minor to visit or have temporary custody.
Section 19. Appeal. - No appeal from the decision shall be allowed unless the appellant has filed a
motion for reconsideration or new trial within fifteen days from notice of judgment.
An aggrieved party may appeal from the decision by filing a Notice of Appeal within fifteen days from
notice of the denial of the motion for reconsideration or new trial and serving a copy thereof on the
adverse parties.
Section 20. Petition for writ of habeas corpus. - A verified petition for a writ of habeas corpus
involving custody of minors shall be filed with the Family Court. The writ shall be enforceable within
its judicial region to which the Family Court belongs.
However, the petition may be filed with the regular court in the absence of the presiding judge of the
Family Court, provided, however, that the regular court shall refer the case to the Family Court as soon
as its presiding judge returns to duty.
The petition may also be filed with the appropriate regular courts in places where there are no Family
Courts.
The writ issued by the Family Court or the regular court shall be enforceable in the judicial region
where they belong.
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The petition may likewise be filed with the Supreme Court, Court of Appeals, or with any of its
members and, if so granted, the writ shall be enforceable anywhere in the Philippines. The writ may be
made returnable to a Family Court or to any regular court within the region where the petitioner resides
or where the minor may be found for hearing and decision on the merits.
Upon return of the writ, the court shall decide the issue on custody of minors. The appellate court, or
the member thereof, issuing the writ shall be furnished a copy of the decision.
Section 21. Confidentiality of proceedings. - The hearings on custody of minors may, at the discretion
of the court, be closed to the public and the records of the case shall not be released to non-parties
without its approval.
Section 22. Effectivity. - This Rule shall take effect on May 15, 2003 following its publication in a
newspaper of general circulation not later than April 30, 2003.
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6 The Rule on the Writ of Amparo (A.M. No. 07-9-12-SC)
THE RULE ON THE WRIT OF AMPARO
SECTION 1. Petition. The petition for a writ of amparo is a remedy available to any person whose
right to life, liberty and security is violated or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or threats thereof.
SEC. 2. Who May File. The petition may be filed by the aggrieved party or by any qualified person
or entity in the following order:
a.Any member of the immediate family, namely: the spouse, children and parents of the
aggrieved party;
b.Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil
degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or
c.Any concerned citizen, organization, association or institution, if there is no known member

of the immediate family or relative of the aggrieved party.
The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file
similar petitions. Likewise, the filing of the petition by an authorized party on behalf of the aggrieved
party suspends the right of all others, observing the order established herein.
SEC. 3. Where to File. The petition may be filed on any day and at any time with the Regional Trial
Court of the place where the threat, act or omission was committed or any of its elements occurred, or
with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. The
writ shall be enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before
such court or judge.
When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it may be
returnable before such court or any justice thereof, or to any Regional Trial Court of the place where
the threat, act or omission was committed or any of its elements occurred.
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When issued by the Supreme Court or any of its justices, it may be returnable before such Court
or any justice thereof, or before the Sandiganbayan or the Court of Appeals or any of their justices, or
to any Regional Trial Court of the place where the threat, act or omission was committed or any of its
elements occurred.
SEC. 4. No Docket Fees. The petitioner shall be exempted from the payment of the docket and other
lawful fees when filing the petition. The court, justice or judge shall docket the petition and act upon it
immediately.
SEC. 5. Contents of Petition. The petition shall be signed and verified and shall allege the following:
a.The personal circumstances of the petitioner;
b.The name and personal circumstances of the respondent responsible for the threat, act or
omission, or, if the name is unknown or uncertain, the respondent may be described by an
assumed appellation;
c.The right to life, liberty and security of the aggrieved party violated or threatened with
violation by an unlawful act or omission of the respondent, and how such threat or violation is
committed with the attendant circumstances detailed in supporting affidavits;
d.The investigation conducted, if any, specifying the names, personal circumstances, and
addresses of the investigating authority or individuals, as well as the manner and conduct of the
investigation, together with any report;
e.The actions and recourses taken by the petitioner to determine the fate or whereabouts of the
aggrieved party and the identity of the person responsible for the threat, act or omission; and
f.The relief prayed for.
The petition may include a general prayer for other just and equitable reliefs.
SEC. 6. Issuance of the Writ. Upon the filing of the petition, the court, justice or judge shall
immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue
the writ under the seal of the court; or in case of urgent necessity, the justice or the judge may issue the
writ under his or her own hand, and may deputize any officer or person to serve it.
The writ shall also set the date and time for summary hearing of the petition which shall not be later
than seven (7) days from the date of its issuance.
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SEC. 7. Penalty for Refusing to Issue or Serve the Writ. A clerk of court who refuses to issue the
writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the
court, justice or judge for contempt without prejudice to other disciplinary actions.
SEC. 8. How the Writ is Served. The writ shall be served upon the respondent by a judicial officer or
by a person deputized by the court, justice or judge who shall retain a copy on which to make a return
of service. In case the writ cannot be served personally on the respondent, the rules on substituted
service shall apply.
SEC. 9. Return; Contents. Within seventy-two (72) hours after service of the writ, the respondent
shall file a verified written return together with supporting affidavits which shall, among other things,
contain the following:
a.The lawful defenses to show that the respondent did not violate or threaten with violation the
right to life, liberty and security of the aggrieved party, through any act or omission;
b.The steps or actions taken by the respondent to determine the fate or whereabouts of the
aggrieved party and the person or persons responsible for the threat, act or omission;
c.All relevant information in the possession of the respondent pertaining to the threat, act or
omission against the aggrieved party; and
d.If the respondent is a public official or employee, the return shall further state the actions that
have been or will still be taken:
i.to verify the identity of the aggrieved party;
ii.to recover and preserve evidence related to the death or disappearance of the person
identified in the petition which may aid in the prosecution of the person or persons
responsible;
iii.to identify witnesses and obtain statements from them concerning the death or
disappearance;
iv.to determine the cause, manner, location and time of death or disappearance as well as
any pattern or practice that may have brought about the death or disappearance;
v.to identify and apprehend the person or persons involved in the death or disappearance;
and
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vi.to bring the suspected offenders before a competent court.

The return shall also state other matters relevant to the investigation, its resolution and the prosecution
of the case.
A general denial of the allegations in the petition shall not be allowed.
SEC. 10. Defenses not Pleaded Deemed Waived. All defenses shall be raised in the return,
otherwise, they shall be deemed waived.
SEC. 11. Prohibited Pleadings and Motions. The following pleadings and motions are prohibited:
a.Motion to dismiss;
b.Motion for extension of time to file return, opposition, affidavit, position paper and other
pleadings;
c.Dilatory motion for postponement;
d.Motion for a bill of particulars;
e.Counterclaim or cross-claim;
f.Third-party complaint;
g.Reply;
h.Motion to declare respondent in default;
i.Intervention;
j.Memorandum;
k.Motion for reconsideration of interlocutory orders or interim relief orders; and
l.Petition for certiorari, mandamus or prohibition against any interlocutory order.
SEC. 12. Effect of Failure to File Return. In case the respondent fails to file a return, the court,
justice or judge shall proceed to hear the petition ex parte.
SEC. 13. Summary Hearing. The hearing on the petition shall be summary. However, the court,
justice or judge may call for a preliminary conference to simplify the issues and determine the
possibility of obtaining stipulations and admissions from the parties.
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The hearing shall be from day to day until completed and given the same priority as petitions for
habeas corpus.
SEC. 14. Interim Reliefs. Upon filing of the petition or at anytime before final judgment, the court,
justice or judge may grant any of the following reliefs:
(a) Temporary Protection Order. The court, justice or judge, upon motion or motu proprio,
may order that the petitioner or the aggrieved party and any member of the immediate family be
protected in a government agency or by an accredited person or private institution capable of
keeping and securing their safety. If the petitioner is an organization, association or institution
referred to in Section 3(c) of this Rule, the protection may be extended to the officers involved.
The Supreme Court shall accredit the persons and private institutions that shall extend
temporary protection to the petitioner or the aggrieved party and any member of the immediate
family, in accordance with guidelines which it shall issue.
The accredited persons and private institutions shall comply with the rules and conditions that
may be imposed by the court, justice or judge.
(b) Inspection Order. The court, justice or judge, upon verified motion and after due hearing,
may order any person in possession or control of a designated land or other property, to permit
entry for the purpose of inspecting, measuring, surveying, or photographing the property or any
relevant object or operation thereon.
The motion shall state in detail the place or places to be inspected. It shall be supported by
affidavits or testimonies of witnesses having personal knowledge of the enforced disappearance
or whereabouts of the aggrieved party.
If the motion is opposed on the ground of national security or of the privileged nature of the
information, the court, justice or judge may conduct a hearing in chambers to determine the
merit of the opposition.
The movant must show that the inspection order is necessary to establish the right of the
aggrieved party alleged to be threatened or violated.
The inspection order shall specify the person or persons authorized to make the inspection and
the date, time, place and manner of making the inspection and may prescribe other conditions to
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protect the constitutional rights of all parties. The order shall expire five (5) days after the date
of its issuance, unless extended for justifiable reasons.
(c) Production Order. The court, justice or judge, upon verified motion and after due hearing,
may order any person in possession, custody or control of any designated documents, papers,
books, accounts, letters, photographs, objects or tangible things, or objects in digitized or
electronic form, which constitute or contain evidence relevant to the petition or the return, to
produce and permit their inspection, copying or photographing by or on behalf of the movant.
The motion may be opposed on the ground of national security or of the privileged nature of the
information, in which case the court, justice or judge may conduct a hearing in chambers to
determine the merit of the opposition.
The court, justice or judge shall prescribe other conditions to protect the constitutional rights of
all the parties.
(d) Witness Protection Order. The court, justice or judge, upon motion or motu proprio, may
refer the witnesses to the Department of Justice for admission to the Witness Protection,
Security and Benefit Program, pursuant to Republic Act No. 6981.
The court, justice or judge may also refer the witnesses to other government agencies, or to
accredited persons or private institutions capable of keeping and securing their safety.
SEC. 15. Availability of Interim Reliefs to Respondent. Upon verified motion of the respondent and
after due hearing, the court, justice or judge may issue an inspection order or production order under
paragraphs (b) and (c) of the preceding section.
A motion for inspection order under this section shall be supported by affidavits or testimonies of
witnesses having personal knowledge of the defenses of the respondent.
SEC. 16. Contempt. The court, justice or judge may order the respondent who refuses to make a
return, or who makes a false return, or any person who otherwise disobeys or resists a lawful process or
order of the court to be punished for contempt. The contemnor may be imprisoned or imposed a fine.
SEC. 17. Burden of Proof and Standard of Diligence Required. The parties shall establish their
claims by substantial evidence.
The respondent who is a private individual or entity must prove that ordinary diligence as required by
applicable laws, rules and regulations was observed in the performance of duty.
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The respondent who is a public official or employee must prove that extraordinary diligence as
required by applicable laws, rules and regulations was observed in the performance of duty.
The respondent public official or employee cannot invoke the presumption that official duty has been
regularly performed to evade responsibility or liability.
SEC. 18. Judgment. The court shall render judgment within ten (10) days from the time the petition
is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court
shall grant the privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the
privilege shall be denied.
SEC. 19. Appeal. Any party may appeal from the final judgment or order to the Supreme Court under
Rule 45. The appeal may raise questions of fact or law or both.
The period of appeal shall be five (5) working days from the date of notice of the adverse judgment.
The appeal shall be given the same priority as in habeas corpus cases.
SEC. 20. Archiving and Revival of Cases. The court shall not dismiss the petition, but shall archive
it, if upon its determination it cannot proceed for a valid cause such as the failure of petitioner or
witnesses to appear due to threats on their lives.
A periodic review of the archived cases shall be made by the amparo court that shall, motu proprio or
upon motion by any party, order their revival when ready for further proceedings. The petition shall be
dismissed with prejudice upon failure to prosecute the case after the lapse of two (2) years from notice
to the petitioner of the order archiving the case.
The clerks of court shall submit to the Office of the Court Administrator a consolidated list of archived
cases under this Rule not later than the first week of January of every year.
SEC. 21. Institution of Separate Actions. This Rule shall not preclude the filing of separate
criminal, civil or administrative actions.
SEC. 22. Effect of Filing of a Criminal Action. When a criminal action has been commenced, no
separate petition for the writ shall be filed. The reliefs under the writ shall be available by motion in the
criminal case.
The procedure under this Rule shall govern the disposition of the reliefs available under the writ of
amparo.
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SEC. 23. Consolidation. When a criminal action is filed subsequent to the filing of a petition for the
writ, the latter shall be consolidated with the criminal action.
When a criminal action and a separate civil action are filed subsequent to a petition for a writ of
amparo, the latter shall be consolidated with the criminal action.
After consolidation, the procedure under this Rule shall continue to apply to the disposition of the
reliefs in the petition.
SEC. 24. Substantive Rights. This Rule shall not diminish, increase or modify substantive rights
recognized and protected by the Constitution.
SEC. 25. Suppletory Application of the Rules of Court. The Rules of Court shall apply suppletorily
insofar as it is not inconsistent with this Rule.
SEC. 26. Applicability to Pending Cases. This Rule shall govern cases involving extralegal killings
and enforced disappearances or threats thereof pending in the trial and appellate courts.
SEC. 27. Effectivity. This Rule shall take effect on October 24, 2007, following its publication in
three (3) newspapers of general circulation.
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7 Rule on the Writ of Habeas Data (A.M. No. 08-1-16-SC)
THE RULE ON THE WRIT OF HABEAS DATA
RESOLUTION
Acting on the recommendation of the Chairperson of the Committee on Revision of the Rules of Court
submitting for this Courts consideration and approval the proposed Rule on the Writ of Habeas Data,
the Court Resolved to APPROVE the same.
This Resolution shall take effect on February 2, 2008, following its publication in three (3) newspapers
of general circulation.
January 22, 2008.
THE RULE ON THE WRIT OF HABEAS DATA
SECTION 1. Habeas Data. - The writ of habeas data is a remedy available to any person whose right
to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in the gathering, collecting or storing
of data or information regarding the person, family, home and correspondence of the aggrieved party.
SEC. 2. Who May File. - Any aggrieved party may file a petition for the writ of habeas data.
However, in cases of extralegal killings and enforced disappearances, the petition may be filed by:
(a) Any member of the immediate family of the aggrieved party, namely: the spouse, children
and parents; or
(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil
degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or
SEC. 3. Where to File. - The petition may be filed with the Regional Trial Court where the petitioner
or respondent resides, or that which has jurisdiction over the place where the data or information is
gathered, collected or stored, at the option of the petitioner.
The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan
when the action concerns public data files of government offices.
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SEC. 4. Where Returnable; Enforceable. - When the writ is issued by a Regional Trial Court or any
judge thereof, it shall be returnable before such court or judge.
When issued by the Court of Appeals or the Sandiganbayan or any of its justices, it may be returnable
before such court or any justice thereof, or to any Regional Trial Court of the place where the petitioner
or respondent resides, or that which has jurisdiction over the place where the data or information is
gathered, collected or stored.
When issued by the Supreme Court or any of its justices, it may be returnable before such Court or any
justice thereof, or before the Court of Appeals or the Sandiganbayan or any of its justices, or to any
Regional Trial Court of the place where the petitioner or respondent resides, or that which has
jurisdiction over the place where the data or information is gathered, collected or stored.
The writ of habeas data shall be enforceable anywhere in the Philippines.
Sec. 5. Docket Fees. - No docket and other lawful fees shall be required from an indigent petitioner.
The petition of the indigent shall be docked and acted upon immediately, without prejudice to
subsequent submission of proof of indigency not later than fifteen (15) days from the filing of the
petition.
SEC. 6. Petition. - A verified written petition for a writ of habeas data should contain:
(a) The personal circumstances of the petitioner and the respondent;
(b) The manner the right to privacy is violated or threatened and how it affects the right to life,
liberty or security of the aggrieved party;
(c) The actions and recourses taken by the petitioner to secure the data or information;
(d) The location of the files, registers or databases, the government office, and the person in
charge, in possession or in control of the data or information, if known;
(e) The reliefs prayed for, which may include the updating, rectification, suppression or
destruction of the database or information or files kept by the respondent.
In case of threats, the relief may include a prayer for an order enjoining the act complained
of; and
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(f) Such other relevant reliefs as are just and equitable.
SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the court, justice or judge shall
immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue
the writ under the seal of the court and cause it to be served within three (3) days from the issuance; or,
in case of urgent necessity, the justice or judge may issue the writ under his or her own hand, and may
deputize any officer or person serve it.
The writ shall also set the date and time for summary hearing of the petition which shall not be later
than ten (10) work days from the date of its issuance.
SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk of court who refuses to issue the
writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the
court, justice or judge for contempt without prejudice to other disciplinary actions.
SEC. 9. How the Writ is Served. - The writ shall be served upon the respondent by a judicial officer
or by a person deputized by the court, justice or judge who shall retain a copy on which to make a
return of service. In case the writ cannot be served personally on the respondent, the rules on
substituted service shall apply.
SEC. 10. Return; Contents. - The respondent shall file a verified written return together with
supporting affidavits within five (5) working days from service of the writ, which period may be
reasonably extended by the Court for justifiable reasons. The return shall, among other things, contain
the following:
(a) The lawful defenses such as national security, state secrets, privileged communications,
confidentiality of the source of information of media and others;
(b) In case of respondent in charge, in possession or in control of the data or information subject
of the petition;
(i) a disclosure of the data or information about the petitioner, the nature of such data or
information, and the purpose for its collection;
(ii) the steps or actions taken by the respondent to ensure the security and confidentiality
of the data or information; and,
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(iii) the currency and accuracy of the data or information held; and,
(c) Other allegations relevant to the resolution of the proceeding.
A general denial of the allegations in the petition shall not be allowed.
SEC. 11. Contempt. - The court, justice or judge may punish with imprisonment or fine a respondent
who commits contempt by making a false return, or refusing to make a return; or any person who
otherwise disobeys or resist a lawful process or order of the court.
SEC. 12. When Defenses May be Heard in Chambers. - A hearing in chambers may be conducted
where the respondent invokes the defense that the release of the data or information in question shall
compromise national security or state secrets, or when the data or information cannot be divulged to the
public due to its nature or privileged character.
Sec. 13. Prohibited Pleadings and Motions. - The following pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return, opposition, affidavit, position paper and other
pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply;
(h) Motion to declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of interlocutory orders or interim relief orders; and
(l) Petition for certiorari, mandamus or prohibition against any interlocutory order.
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SEC. 14. Return; Filing. - In case the respondent fails to file a return, the court, justice or judge shall
proceed to hear the petition ex parte, granting the petitioner such relief as the petition may warrant
unless the court in its discretion requires the petitioner to submit evidence.
SEC. 15. Summary Hearing. - The hearing on the petition shall be summary. However, the court,
justice or judge may call for a preliminary conference to simplify the issues and determine the
possibility of obtaining stipulations and admissions from the parties.
SEC. 16. Judgment. - The court shall render judgment within ten (10) days from the time the petition
is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court
shall enjoin the act complained of, or order the deletion, destruction, or rectification of the erroneous
data or information and grant other relevant reliefs as may be just and equitable; otherwise, the
privilege of the writ shall be denied.
Upon its finality, the judgment shall be enforced by the sheriff or any lawful officers as may be
designated by the court, justice or judge within five (5) working days.
SEC. 17. Return of Service. - The officer who executed the final judgment shall, within three (3) days
from its enforcement, make a verified return to the court. The return shall contain a full statement of the
proceedings under the writ and a complete inventory of the database or information, or documents and
articles inspected, updated, rectified, or deleted, with copies served on the petitioner and the
respondent.
The officer shall state in the return how the judgment was enforced and complied with by the
respondent, as well as all objections of the parties regarding the manner and regularity of the service of
the writ.
SEC. 18. Hearing on Officers Return. - The court shall set the return for hearing with due notice to
the parties and act accordingly.
SEC. 19. Appeal. - Any party may appeal from the final judgment or order to the Supreme Court under
Rule 45. The appeal may raise questions of fact or law or both.
The period of appeal shall be five (5) working days from the date of notice of the judgment or final
order.
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The appeal shall be given the same priority as in habeas corpus and amparo cases.
SEC. 20. Institution of Separate Actions. - The filing of a petition for the writ of habeas data shall
not preclude the filing of separate criminal, civil or administrative actions.
SEC. 21. Consolidation. - When a criminal action is filed subsequent to the filing of a petition for the
writ, the latter shall be consolidated with the criminal action.
When a criminal action and a separate civil action are filed subsequent to a petition for a writ of habeas
data, the petition shall be consolidated with the criminal action.
After consolidation, the procedure under this Rule shall continue to govern the disposition of the reliefs
in the petition.
SEC. 22. Effect of Filing of a Criminal Action. - When a criminal action has been commenced, no
separate petition for the writ shall be filed. The relief under the writ shall be available to an aggrieved
party by motion in the criminal case.
The procedure under this Rule shall govern the disposition of the reliefs available under the writ
of habeas data.
SEC. 23. Substantive Rights. - This Rule shall not diminish, increase or modify substantive rights.
SEC. 24. Suppletory Application of the Rules of Court. - The Rules of Court shall apply suppletorily
insofar as it is not inconsistent with this Rule.
SEC. 25. Effectivity. - This Rule shall take effect on February 2, 2008, following its publication in
three (3) newspapers of general circulation.
[PUBLISHED IN THE MANILA BULLETIN, THE PHILIPPINE STAR AND THE PHILIPPINE DAILY
INQUIRER ON 25 JANUARY 2008]
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10 Change of Name (R.A. No. 9048 as Amended by RA No 10172)
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE

CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN
ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES
376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Authority to Correct Clerical or Typographical Error and Change of First Name or
Nickname No entry in a civil register shall be changed or corrected without a judicial order, except
for clerical or typographical errors and change of first name or nickname, the day and month in the date
of birth or sex of a person where it is patently clear that there was a clerical or typographical error or
mistake in the entry, which can be corrected or changed by the concerned city or municipal civil
registrar or consul general in accordance with the provisions of this Act and its implementing rules and
regulations. (Amended RA No. 10172)
Section 2. Definition of Terms As used in this Act, the following terms shall mean:
(1) "City or Municipal civil registrar" refers to the head of the local civil registry office of the
city or municipality, as the case may be, who is appointed as such by the city or municipal
mayor in accordance with the provisions of existing laws.
(2) "Petitioner" refers to a natural person filing the petition and who has direct and personal
interest in the correction of a clerical or typographical error in an entry or change of first name
or nickname in the civil register.
(3) Clerical or typographical error refers to a mistake committed in the performance of clerical
work in writing, copying, transcribing or typing an entry in the civil register that is harmless and
innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and
month in the date of birth or the sex of the person or the like, which is visible to the eyes or
obvious to the understanding, and can be corrected or changed only by reference to other
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existing record or records: Provided, however, That no correction must involve the change of
nationality, age, or status of the petitioner. (Amended RA No. 10172)
(4) "Civil Register" refers to the various registry books and related certificates and documents
kept in the archives of the local civil registry offices, Philippine Consulates and of the Office of
the Civil Registrar General.
(5) "Civil registrar general" refers to the Administrator of the National Statistics Office which is
the agency mandated to carry out and administer the provision of laws on civil registration.
(6) "First name" refers to a name or nickname given to a person which may consist of one or
more names in addition to the middle and last names.
Section 3. Who May File the Petition and Where. Any person having direct and personal interest in
the correction of a clerical or typographical error in an entry and/or change of first name or nickname in
the civil register may file, in person, a verified petition with the local civil registry office of the city or
municipality where the record being sought to be corrected or changed is kept.
In case the petitioner has already migrated to another place in the country and it would not be practical
for such party, in terms of transportation expenses, time and effort to appear in person before the local
civil registrar keeping the documents to be corrected or changed, the petition may be filed, in person,
with the local civil registrar of the place where the interested party is presently residing or domiciled.
The two (2) local civil registrars concerned will then communicate to facilitate the processing of the
petition.
Citizens of the Philippines who are presently residing or domiciled in foreign countries may file their
petition, in person, with the nearest Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul general shall be processed in
accordance with this Act and its implementing rules and regulations.
All petitions for the clerical or typographical errors and/or change of first names or nicknames may be
availed of only once.
Section 4. Grounds for Change of First Name or Nickname. The petition for change of first name or
nickname may be allowed in any of the following cases:
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(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or
extremely difficult to write or pronounce.
(2) The new first name or nickname has been habitually and continuously used by the petitioner
and he has been publicly known by that by that first name or nickname in the community: or
(3) The change will avoid confusion.
Section 5. Form and Contents of the Petition. The petition for correction of a clerical or
typographical error, or for change of first name or nickname, as the case may be, shall be in the form of
an affidavit, subscribed and sworn to before any person authorized by law to administer oaths. The
affidavit shall set forth facts necessary to establish the merits of the petition and shall show
affirmatively that the petitioner is competent to testify to the matters stated. The petitioner shall state
the particular erroneous entry or entries, which are sought to be corrected and/or the change sought to
be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the registry book containing
the entry or entries sought to be corrected or changed;
(2) At least two (2) public or private documents showing the correct entry or entries upon which
the correction or change shall be based; and
(3) Other documents which the petitioner or the city or municipal civil registrar or the consul
general may consider relevant and necessary for the approval of the petition.
No petition for correction of erroneous entry concerning the date of birth or the sex of a person
shall be entertained except if the petition is accompanied by earliest school record or earliest school
documents such as, but not limited to, medical records, baptismal certificate and other documents
issued by religious authorities; nor shall any entry involving change of gender corrected except if the
petition is accompanied by a certification issued by an accredited government physician attesting to the
fact that the petitioner has not undergone sex change or sex transplant. The petition for change of first
name or nickname, or for correction of erroneous entry concerning the day and month in the date of
birth or the sex of a person, as the case may be, shall be published at least once a week for two (2)
consecutive weeks in a newspaper of general circulation.
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Furthermore, the petitioner shall submit a certification from the appropriate law enforcements,
agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be distributed as
follows: first copy to the concerned city or municipal civil registrar, or the consul general; second copy
to the Office of the Civil Registrar General; and third copy to the petitioner. (Amended RA No.
10172)
Section 6. Duties of the City or Municipal Civil Registrar or the Consul General. The city or
municipal civil registrar or the consul general to whom the petition is presented shall examine the
petition and its supporting documents. He shall post the petition in a conspicuous place provided for
that purpose for ten (10) consecutive days after he finds the petition and its supporting documents
sufficient in form and substance.
The city or municipal civil registrar or the consul general shall act on the petition and shall
render a decision not later than five (5) working days after the completion of the posting and/or
publication requirement. He shall transmit a copy of his decision together with the records of the
proceedings to the Office of the Civil Registrar General within five (5) working days from the date of
the decision.
Section 7. Duties and Powers of the Civil Registrar General. The civil registrar general shall, within
ten (10) working days from receipt of the decision granting a petition, exercise the power to impugn
such decision by way of an objection based on the following grounds:
(1) The error is not clerical or typographical;
(2) The correction of an entry or entries in the civil register is substantial or controversial as it
affects the civil status of a person; or
(3) The basis used in changing the first name or nickname of a person does not fall under
Section 4.
The civil registrar general shall immediately notify the city or municipal civil registrar or the
consul general of the action taken on the decision. Upon receipt of the notice thereof, the city or
municipal civil registrar or the consul general shall notify the petitioner of such action.
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The petitioner may seek reconsideration with the civil registrar general or file the appropriate
petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the decision of the city or
municipal civil registrar or of the consul general within the period prescribed herein, such decision
shall become final and executory.
Where the petition is denied by the city or municipal civil registrar or the consul general, the
petitioner may either appeal the decision to the civil registrar general or file the appropriate petition
with the proper court.
Section 8. Payment of Fees. The city or municipal civil registrar or the consul general shall be
authorized to collect reasonable fees as a condition for accepting the petition. An indigent petitioner
shall be exempt from the payment of the said fee.
The fees collected by the city or municipal civil registrar or the consul general pursuant to this
Act shall accrue to the funds of the Local Civil Registry Office concerned or the Office of the Consul
General for modernization of the office and hiring of new personnel and procurement of supplies,
subject to government accounting and auditing rules. (Amended RA No. 10172)
Section 9. Penalty Clause. - A person who violates any of the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than six (6) years but not more than twelve (12)
years, or a fine of not less than Ten thousand pesos (P10,000.00) but not more than One Hundred
Thousand pesos (P100,000.00), or both, at the discretion of the court.
In addition, if the offender is a government official or employee he shall suffer the penalties
provided under civil service laws, rules and regulations.
Section 10. Implementing Rules and Regulations. - The civil registrar general shall, in consultation
with the Department of Justice, the Department of Foreign Affairs, the Office of the Supreme Court
Administrator, the University of the Philippines Law Center and the Philippine Association of Civil
Registrars, issue the necessary rules and regulations for the effective implementation of this Act not
later than three (3) months from the effectivity of this law.
Section 11. Retroactivity Clause. - This Act shall have retroactive effect insofar as it does not prejudice
or impair vested or acquired rights in accordance with the Civil Code and other laws.
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Section 12. Separability Clause. - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration.
Section 13. Repealing Clause - All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.
Approved: March 22, 2001
(Sgd.)
GLORIA MACAPAGAL-ARROYO
President of the Philippines
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II CRIMINAL PROCEDURE
1. Inquest Procedures (DOJ Circular No. 61, 1993)
Evidence Needed for an Inquest Proceedings
SECTION 1.Concept .Inquest is an informal and summary investigation con-ducted by a public

prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of
arrest issued by the court for the purpose of deter-mining whether or not said persons should remain
under custody and correspondingly be charged in court.
SEC. 2.Designationof Inquest Officers.The City or Provincial Prosecutor shall designate the
Prosecutors assigned to inquest duties and shall furnish the Philippine National Police (PNP) a list
of their names and their schedule of assignments. If, however, there is only one Prosecutor in the area,
all inquest cases shall be referred to him for appropriate action. Unless otherwise directed by the City
or Provincial Prosecutor, those assigned to inquest duties shall discharge their functions during the
hours of their designated assignments and only at the police stations/headquarters of the PNP in order
to expedite and facilitate the disposition of inquest cases.
SEC. 3.Commencement and Termination of Inquest.The inquest proceedings shall be considered

commenced upon receipt by the Inquest Officer from the law enforcement authorities of the
complaint/referral documents which should include:
a. the affidavit of arrest;
b. the investigation report;
c. the statement of the complainant and witnesses; and
d. other supporting evidence gathered by the police in the course of the latters investigation of
the criminal incident involving the arrested or detained person. The inquest Officer shall, as far
as practicable, cause the affidavit of arrest and statements/affidavits of the complainant and the
witnesses to be subscribed and sworn to before him by the arresting officer and the affiants. The
inquest proceedings must be terminated within the period prescribed under the provisions of
Article 125 of the Revised Penal Code, as amended. *
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SEC. 4.Particular Documents Required in Specific Cases.The submission, presentation of the

documents listed herein below should as far as practicable, be required in the following cases by the
Inquest Officer.
Violation of the Anti-Fencing Law (PD 1612)
a. a list/inventory of the articles and items subject of the offense; and
b. statement of their respective value
Illegal Possession of Explosives (PD 1866)
a. chemistry report duly signed by the forensic chemist and
b. photograph of the explosives, if readily available.
Violation of the Fisheries Law (PD 704)(now RA 8550)
a. photograph of the confiscated fish, if readily available; and
b. certification of the Bureau of Fisheries and Aquatic Resources;
Violation of the Forestry Law (PD 705)
a. scale sheets containing the volume and species of the forest products confiscated, number of
pieces and other important details such as estimated value of the products confiscated;
b. certification of Department of Environment and Natural Resources/Bureau of Forest
Management; and
c. seizure receipt. The submission of the foregoing documents shall no absolutely be required if
there are other forms of evidence submitted which will sufficiently establish the facts sought to
be proved by the foregoing documents.
SEC. 5.Incomplete documents.When the documents presented are not complete to establish
probable cause, the Inquest Officer shall direct the law enforcement agency to submit the required
evidence within the period prescribed under the provisions of Article 125 of the Revised Penal Code, as
amended; otherwise, the Inquest Officer shall order the release of the detained person and, where the
inquest is conducted outside of office hours, direct the law enforcement agency concerned to file the
case with the City or Provincial Prosecutor for appropriate action.
SEC. 6.Presence of the detained person.The presence of the detained person who is under custody
shall be ensured during the proceedings. However, the production of the detained person before the
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Inquest Officer may be dispensed with in the following cases:

a. if he is confined in a hospital;
b. if he is detained in a place under maximum security;
c. if production of the detained person involve security risks; or
d. if the presence of the detained person is not feasible by reason of age, health, sex and other
similar factors.
The absence of the detained person by reason of any of the foregoing factors must be noted by
the Inquest Officer and reflected in the record of the case.
SEC. 7.Charges and counter-charges.All charges and counter-charges arising from the same
incident shall, as far as practicable, be consolidated and inquested jointly to avoid contradictory or
inconsistent dispositions.
SEC. 8.Initial duty of the inquest officer .The Inquest Officer must first deter-mine if the arrest of
the detained person was made in accordance with the provisions of paragraphs (a) and (b) of Section 5,
Rule 113 of the 1985 Rules on Criminal Procedure, as amended, which provide that arrests without a
warrant may be effected:
a. when, in the presence of the arresting officer, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense; or
b. when an offense has in fact just been committed, and the arresting officer has personal
knowledge of facts indicating that the person to be arrested has committed it. For this purpose,
the Inquest Officer may summarily examine the arresting officers on the circumstances
surrounding the arrest or apprehension of the detained per-son.
SEC. 9.Where arrest not properly effected.Should the Inquest Officer find that the arrest was not
made in accordance with the Rules, he shall:
a. recommend the release of the person arrested or detained;
b. note down the disposition of the referral document;
c. prepare a brief memorandum indicating the reasons for the action taken; and
d. forward the same, together with the record of the case, to the City or Provincial Prosecutor
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for appropriate action.

Where the recommendation for the release of the detained person is approved by the City or
Provincial Prosecutor but the evidence on hand warrant the conduct of a regular preliminary
investigation, the order of release shall be served on the officer having custody of said detainee and
shall direct the said officer to serve upon the detainee the subpoena or notice of preliminary
investigation, together with the copies of the charge sheet or complaint, affidavits or sworn statements
of the complainant and his witnesses and other supporting evidence.
SEC. 10.Where the arrest property effected.Should the Inquest Officer find that the arrest was
properly effected, the detained person should be asked if he desires to avail himself of a preliminary
investigation, if he does, he shall be made to execute a waiver of the provisions of Article 125 of the
Revised Penal Code, as amended, with the assistance of a lawyer and, in case of non-availability of a
lawyer, a responsible person of his choice. The preliminary investigation may be conducted by the
Inquest Officer himself or by any other Assistant Prosecutor to whom the case may be assigned by the
City or Provincial Prosecutor, which investigation shall be terminated within fifteen(15) days from its
inception.
SEC. 11.Inquest proper .Where the detained person does not opt for a preliminary investigation or
otherwise refuses to execute the required waiver, the Inquest Officer shall proceed with the inquest by
examining the sworn statements/affidavits of the complainant and the witnesses and other supporting
evidence submitted to him. If necessary, the Inquest Officer may require the presence of the
complainant and witnesses and subject them to an informal and summary investigation or examination
for purposes of determining the existence of probable cause.
SEC. 12.Meaning of probable cause.Probable cause exists when the evidence submitted to the
Inquest Officer engenders a well-founded belief that a crime has been committed and that the arrested
or detained person is probably guilty thereof.
SEC. 13.Presence of probable cause.If the Inquest Officer finds that probable cause exists, he shall
forthwith prepare the corresponding complaint/information with the recommendation that the same be
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filed in court. The complaint/information shall indicate the offense committed and the amount of bail
recommended, if bailable. Thereafter, the record of the case, together with the prepared com-
plaint/information, shall be forwarded to the City or Provincial Prosecutor for appropriate action. The
complaint/information may be filed by the Inquest Officer himself or by any other Ass
SEC. 14.Contents of information.The information shall, among others, contain:

a. a certification by the filing Prosecutor that he is filing the same in accordance with the
provisions of Section 7, Rule 112 of the 1985 Rules on Criminal Procedure, as amended, in
cases cognizable by the Regional Trial Court;
b. the full name and alias, if any, and address of the accused;
c. the place where the accused is actually detained;
d. the full names and addresses of the complainant and witnesses;
e. a detailed description of the recovered item, if any;
f. the full name and address of the evidence custodian;
g. the age and date of birth of the complainant or the accused, if eighteen (19)years of age or
below; and
h. the full names and addresses of the parents, custodians or guardians of the minor complainant
or accused, as the case may be.
SEC. 15.Absence of probable cause.If the Inquest Officer finds no probable cause, he shall:
a. recommend the release of the arrested or detained person;
b. note down his disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the action taken; and
d. forthwith forward the record of the case to the City or Provincial Prosecutor for appropriate
action.
If the recommendation of the Inquest Officer for the release of the arrested or detained person is
approved, the order of release shall be served on the officer having custody of the said detainee. Should
the City or Provincial Prosecutor disapprove the recommendation of release, the arrested or detained
person shall remain under custody, and the correspond-ing complaint/information shall be filed by the
City or Provincial Prosecutor or by any Assistant Prosecutor to whom the case may be assigned.
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SEC. 16.Presence at the crime scene.Whenever a dead body is found and there is reason to believe
that the death resulted from foul play, or from the unlawful acts or omissions of other persons and such
fact has been brought to his attention, the Inquest Officer shall:
a. forthwith proceed to the crime scene or place of discovery of the dead person;
b. cause an immediate autopsy to be conducted by the appropriate medico-legal officer in the
locality or the PNP medico-legal division or the NBI medico-legal office, as the case may be;
c. direct the police investigator to cause the taking of photographs of the crime scene or place of
discovery of the dead body;
d. supervise the investigation to be conducted by the police authorities as well as the recovery
of all articles and pieces of evidence found thereat and see to it that the same are safeguarded
and the chain of the custody thereof properly recorded; and
e. submit a written report of his finding to the City or Provincial Prosecutor for appropriate
action.
SEC. 17.Sandiganbayan cases.Should any complaint cognizable by the Sandiganbayan be referred

to an Inquest Officer for investigation, the latter shall, after conducting the corresponding inquest
proceeding, forthwith forward the complete record to the City or Provincial Prosecutor for appropriate
action.
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2 Recognizance Act of 2012 (R.A. No. 10389)
AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING THE

RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A CRIMINAL
CASE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. This Act shall be known as the Recognizance Act of 2012.
SEC. 2. Statement of Policy. It is the declared policy of the State to promote social justice in all
phases of national development, including the promotion of restorative justice as a means to address the
problems confronting the criminal justice system such as protracted trials, prolonged resolution of
cases, lack of legal representation, lack of judges, inability to post bail bond, congestion in jails, and
lack of opportunity to reform and rehabilitate offenders. In consonance with the principle of
presumption of innocence, the 1987 Philippine Constitution recognizes and guarantees the right to bail
or to be released on recognizance as may be provided by law.
In furtherance of this policy, the right of persons, except those charged with crimes punishable
by death, reclusion perpetua, or life imprisonment, to be released on recognizance before conviction by
the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it, upon
compliance with the requirements of this Act, is hereby affirmed, recognized and guaranteed.
SEC. 3. Recognizance Defined. Recognizance is a mode of securing the release of any person in
custody or detention for the commission of an offense who is unable to post bail due to abject poverty.
The court where the case of such person has been filed shall allow the release of the accused on
recognizance as provided herein, to the custody of a qualified member of the barangay, city or
municipality where the accused resides.
SEC. 4. Duty of the Courts. For purposes of stability and uniformity, the courts shall use their
discretion, in determining whether an accused should be deemed an indigent even if the salary and
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property requirements are not met. The courts may also consider the capacity of the accused to support
not just himself/herself but also his/her family or other people who are dependent on him/her for
support and subsistence.
Other relevant factors and conditions demonstrating the financial incapacity of the accused at
the time that he/she is facing charges in court may also be considered by the courts for the purpose of
covering as many individuals belonging to the marginalized and poor sectors of society.
SEC. 5. Release on Recognizance as a Matter of Right Guaranteed by the Constitution. The release
on recognizance of any person in custody or detention for the commission of an offense is a matter of
right when the offense is not punishable by death, reclusion perpetua, or life
imprisonment: Provided, That the accused or any person on behalf of the accused files the application
for such:
(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities and Municipal Circuit Trial Court; and
(b) Before conviction by the Regional Trial Court: Provided, further, That a person in custody
for a period equal to or more than the minimum of the principal penalty prescribed for the offense
charged, without application of the Indeterminate Sentence Law, or any modifying circumstance, shall
be released on the persons recognizance.
SEC. 6. Requirements. The competent court where a criminal case has been filed against a person
covered under this Act shall, upon motion, order the release of the detained person on recognizance to a
qualified custodian: Provided, That all of the following requirements are complied with:
(a) A sworn declaration by the person in custody of his/her indigency or incapacity either to post
a cash bail or proffer any personal or real property acceptable as sufficient sureties for a bail bond;
(b) A certification issued by the head of the social welfare and development office of the
municipality or city where the accused actually resides, that the accused is indigent;
(c) The person in custody has been arraigned;
(d) The court has notified the city or municipal sanggunian where the accused resides of the
application for recognizance. The sanggunian shall include in its agenda the notice from the court upon
receipt and act on the request for comments or opposition to the application within ten (10) days from
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receipt of the notice. The action of the sanggunian shall be in the form of a resolution, and shall be duly
approved by the mayor, and subject to the following conditions:
(1) Any motion for the adoption of a resolution for the purpose of this Act duly made before the
sanggunian shall he considered as an urgent matter and shall take precedence over any other business
thereof: Provided, That a special session shall be called to consider such proposed resolution if
necessary;
The resolution of the sanggunian shall include in its resolution a list of recommended
organizations from whose members the court may appoint a custodian.
(2) The presiding officer of the sanggunian shall ensure that its secretary shall submit any
resolution adopted under this Act within twenty-four (24) hours from its passage to the mayor who
shall act on it within the same period of time from receipt thereof;
(3) If the mayor or any person acting as such, pursuant to law, fails to act on the said resolution
within twenty-four (24) hours from receipt thereof, the same shall be deemed to have been acted upon
favorably by the mayor;
(4) If the mayor or any person acting as such, pursuant to law, disapproves the resolution, the
resolution shall be returned within twenty-four (24) hours from disapproval thereof to the sanggunian
presiding officer or secretary who shall be responsible in informing every member thereof that the
sanggunian shall meet in special session within twenty-four (24) hours from receipt of the veto for the
sole purpose of considering to override the veto made by the mayor.
For the purpose of this Act, the resolution of the sanggunian of the municipality or city shall be
considered final and not subject to the review of the Sangguniang Panlalawigan, a copy of which shall
be forwarded to the trial court within three (3) days from date of resolution.
(e) The accused shall be properly documented, through such processes as, but not limited to,
photographic image reproduction of all sides of the face and fingerprinting: Provided, That the costs
involved for the purpose of this subsection shall be shouldered by the municipality or city that sought
the release of the accused as provided herein, chargeable to the mandatory five percent (5%) calamity
fund in its budget or to any other available fund in its treasury; and
(f) The court shall notify the public prosecutor of the date of hearing therefor within twenty-four
(24) hours from the filing of the application for release on recognizance in favor of the
accused: Provided, That such hearing shall be held not earlier than twenty-four (24) hours nor later than
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forty-eight (48) hours from the receipt of notice by the prosecutor: Provided, further, That during said
hearing, the prosecutor shall be ready to submit the recommendations regarding the application made
under this Act, wherein no motion for postponement shall be entertained.
SEC. 7. Disqualifications for Release on Recognizance. Any of the following circumstances shall be
a valid ground for the court to disqualify an accused from availing of the benefits provided herein:
(a) The accused bad made untruthful statements in his/her sworn affidavit prescribed under
Section 5(a);
(b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime
aggravated by the circumstance of reiteration;
(c) The accused had been found to have previously escaped from legal confinement, evaded
sentence or has violated the conditions of bail or release on recognizance without valid justification;
(d) The accused had previously committed a crime while on probation, parole or under
conditional pardon;
(e) The personal circumstances of the accused or nature of the facts surrounding his/her case
indicate the probability of flight if released on recognizance;
(f) There is a great risk that the accused may commit another crime during the pendency of the
case; and
(g) The accused has a pending criminal case which has the same or higher penalty to the new
crime he/she is being accused of.
SEC. 8. Qualifications of the Custodian of the Person Released on Recognizance. Except in cases of
children in conflict with the law as provided under Republic Act No. 9344, the custodian of the person
released on recognizance must have the following qualifications:
(a) A person of good repute and probity;
(b) A resident of the barangay where the applicant resides;
(c) Must not be a relative of the applicant within the fourth degree of consanguinity or affinity;
and
(d) Must belong to any of the following sectors and institutions: church, academe, social
welfare, health sector, cause-oriented groups, charitable organizations or organizations engaged in the
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rehabilitation of offenders duly accredited by the local social welfare and development officer.
If no person in the barangay where the applicant resides belongs to any of the sectors and
institutions listed under paragraph (d) above, the custodian of the person released on recognizance may
be from the qualified residents of the city or municipality where the applicant resides.
SEC. 9. Duty of the Custodian. The custodian shall undertake to guarantee the appearance of the
accused whenever required by the court. The custodian shall be required to execute an undertaking
before the court to produce the accused whenever required. The said undertaking shall be part of the
application for recognizance. The court shall duly notify, within a reasonable period of time, the
custodian whenever the presence of the accussed is required. A penalty of six (6) months to two (2)
years imprisonment shall be imposed upon the custodian who failed to deliver or produce the accused
before the court, upon due notice, without justifiable reason.
SEC. 10. Role of the Probation Officer. Upon release of the person on recognizance to the custodian,
the court shall issue an order directing the Probation Office concerned to monitor and evaluate the
activities of such person. The Probation Office concerned shall submit a written report containing its
findings and recommendations on the activities of the person released on recognizance on a monthly
basis to determine whether or not the conditions for his/her release have been complied with. The
prosecution including the private complainant, if any, shall be given a copy of such report.
SEC. 11. Arrest of a Person Released on Recognizance. The court shall order the arrest of the
accused, who shall forthwith be placed under detention, due to any of the following circumstances:
(a) If it finds meritorious a manifestation made under oath by any person after a summary
healing, giving the accused an opportunity to be heard;
(b) If the accused fails to appear at the trial or whenever required by the abovementioned court
or any other competent court without justification, despite due notice;
(c) If the accused is the subject of a complaint for the commission of another offense involving
moral turpitude and the public prosecutor or the mayor in the area where the offense is committed
recommends the arrest to the court; or
(d) If it is shown that the accused committed an act of harassment such as, but not limited to,
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stalking, intimidating or otherwise vexing private complainant, prosecutor or witnesses in the case
pending against the accused: Provided, That upon the issuance by the court of such order, the accused
shall likewise become the proper subject of a citizens arrest pursuant to the Rules of Court.
SEC. 12. No Release on Recognizance After Final Judgment or Commencement of Sentence;

Exception. The benefits provided under this Act shall not be allowed in favor of an accused after the
judgment has become final or when the accused has started serving the sentence: Provided, That this
prohibition shall not apply to an accused who is entitled to the benefits of the Probation Law if the
application for probation is made before the convict starts serving the sentence imposed, in which case,
the court shall allow the release on recognizance of the convict to the custody of a qualified member of
the barangay, city or municipality where the accused actually resides.
SEC. 13. Separability Clause. If any provision of this Act or the application of such provision to any
person or circumstance is declared invalid, the remainder of this Act or the application of such
provision to other persons or circumstances shall not be affected by such declaration.
SEC. 14. Repealing Clause. All laws, decrees and orders or parts thereof inconsistent herewith are
deemed repealed or modified accordingly, unless the same are more beneficial to the accused.
SEC. 15. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.
Approved: MAR 14 2013
(Sgd.) BENIGNO S. AQUINO III
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3 Watchlist Order and Hold Departure Order (DOJ Dept. Circular NO. 41 dated JUNE 07, 2010)
CONSOLIDATED RULES AND REGULATIONS GOVERNING THE ISSUANCES AND

IMPLEMENTING OF HOLD DEPARTURE ORDERS, WATCHLIST ORDERS, AND ALLOW
DEPARTURE ORDERS
WHEREAS, while several Supreme Court circulars, issued through the Office of the Court
Administrator, clearly state that "Hold Departure Order shall be issued only in criminal cases within the
exclusive jurisdiction of the Regional Trial Courts," said circulars are, however, silent with respect to
cases falling within the jurisdiction of courts below the RTC as well as those pending determination by
government prosecution offices;
WHEREAS, apart from the courts, the Secretary of Justice as head of the principal law agency of the
government mandated to, inter alia, investigate the commission of crimes, prosecute offenders, and
provide immigration regulatory services, is in the best position to institute measures to prevent any
miscarriage of justice, without, however, sacrificing the individual's right to travel;
WHEREAS, the Department of Justice, therefore, issued Circular No. 17 on March 19, 1998 and
Circular No. 18 on April 23, 2007 to respectively govern the issuance and implementation of Hold
Departure Orders (HDOs), Watchlist Orders (WLOs), and Allow Departure Orders (ADOs), among
others;
WHEREAS, in view of the problems that cropped up both in the issuance and implementation of said
Orders, there is a need to review, revise and consolidate the two department issuances to ensure their
effective implementation.
NOW, THEREFORE, pursuant to the provisions of existing laws, the following consolidated rules are
hereby adopted:
Section 1. Hold Departure Order. - The Secretary of Justice may issue an HDO, under any of the
(a) Against the accused, irrespective of nationality, in criminal cases falling within the
jurisdiction of courts below the Regional Trial Courts (RTCs).
If the case against the accused is pending trial, the application under oath of an
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interested party must be supported by (a) a certified true copy of the complaint or information
and (b) a Certification from the Clerk of Court concerned that criminal case is still pending.
(b) Against the alien whose presence is required either as a defendant, respondent, or witness in
a civil or labor case pending litigation, or any case before an administrative agency of the
government.
The application under oath of an interested party must be supported by (a) a certified true
copy of the subpoena or summons issued against the alien and (b) a certified true copy
complaint in civil, labor or administrative case where the presence of the alien is required.
(c) The Secretary of Justice may likewise issue an HDO against any person, either motu
proprio, or upon the request by the Head of a Department of the Government; the head of a
constitutional body or commission; the Chief Justice of the Supreme Court for the Judiciary; the
Senate President or the House Speaker for the Legislature, when the adverse party is the
Government or any of its agencies or instrumentalities, or in the interest of national security,
public safety or public health.
Section 2. Watchlist Order. - The Secretary of Justice may issue a WLO, under any of the following
instances:
(a) Against the accused, irrespective of nationality, in criminal cases pending trial before the
Regional Trial Court.
The application under oath of an interested party must be supported by (a) certified true
copy of an Information filed with the court, (b) a certified true copy of the Prosecutor's
Resolution; and (c) a Certification from the Clerk of Court concerned that criminal case is still
pending.
(b) Against the respondent, irrespective of nationality, in criminal cases pending preliminary
investigation, petition for review, or motion for reconsideration before the Department of Justice
or any of its provincial or city prosecution offices.
The application under oath of an interested party must be supported by (a) certified true
copy of the complaint filed, and (b) a Certification from the appropriate prosecution office
concerned that the case is pending preliminary investigation, petition for review, or motion for
reconsideration, as the case may be.
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(c) The Secretary of Justice may likewise issue a WLO against any person, either mtu proprio,
or upon the request of any government agency, including commissions, task forces or similar
entities created by the Office of the President, pursuant to the "Anti-Trafficking in Persons Act
of 2003" (R.A. No. 9208) and/or in connection with any investigation being conducted by it, or
in the interest of national security, public safety or public health.
Section 3. Completeness of Information. - To ensure the proper identification of the subject of the
HDO/WLO and to avoid inconvenience to any innocent party, all applications or requests, including the
HDO/WLO to be issued, shall contain the following information of the subject:
a. Complete name, i.e. given name, middle name or initial and surname;
b. Alias/es, if any;
c. Date and place of birth;
d. Place of last residence;
e. Passport details, if available;
f. Recent photograph, if available;
g. Complete title and docket number of the case; and
h. Specific nature of the case.
Section 4. HDO/WLO Validity. - The validity period of any HDO/WLO issued pursuant to this Circular
shall be reckoned from the date of its issuance. The HDO shall valid for five (5) years unless sooner
terminated. On the other hand, the WLO shall be valid for sixty (60) days unless sooner terminated or
extended, for a non-extendible period of not more than sixty (60) days.
Section 5. HDO/WLO Lifting or Cancellation. - In the lifting or cancellation of the HDO/WLO issued
pursuant to this Circular, the following rules shall apply:
(a) The HDO may be lifted or cancelled under any of the following grounds:
1. When the validity period of the HDO as provided for in the preceding section has
already expired;
2. When the accused subject of the HDO has been allowed to leave the country during
the pendency of the case, or has been acquitted of the charge, or the case in which the
warrant/order of arrest was issued has been dismissed or the warrant/order of arrest has
been recalled;
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3. When the civil or labor case or case before an administrative agency of the
government wherein the presence of the alien subject of the HDO/WLO has been
dismissed by the court or by appropriate government agency, or the alien has been
discharged as a witness therein, or the alien has been allowed to leave the country;
(b) The WLO may be lifted or cancelled under any of the following grounds:
1. When the validity period of the WLO as provided for in the preceding section has
already expired;
2. When the accused subject of the WLO has been allowed by the court to leave the
country during the pendency of the case, or has been acquitted of the charge; and
3. When the preliminary investigation is terminated, or when the petition for review, or
motion for reconsideration has been denied and/or dismissed.
(c) All applications for lifting/cancellation of HDOs/WLOs must be under oath and
accompanied by certified true copies of the documentary evidence in support of the ground
relied upon.
(d) Any HDO/WLO issued by the Secretary of Justice either motu proprio or upon request of
government functionaries/offices mentioned in Sections 1 and 2, when the adverse party is the
Government or any of its agencies or instrumentalities, or in the interest of national security,
public safety or public health, may be lifted or recalled anytime if the application is favorably
indorsed by the government functionaries/offices who requested the issuance of the aforesaid
HDO/WLO.
Section 6. Implementation of HDO/WLO/ADO Issuance and Lifting/Cancellation. - All Orders issued
pursuant to this Circular shall be immediately transmitted to the Commissioner of Immigration for
implementation, copy furnished the person/s subject thereof, to give the latter adequate opportunity to
content the Order or request consideration thereof.
Section 7. Allow Departure Order (ADO). - Any person subject of HDO/WLO issued pursuant to this
Circular who intends, for some exceptional reasons, to leave the country may, upon application under
oath with the Secretary of Justice, be issued an ADO.
The ADO may be issued upon submission of the following requirements:
a. Affidavit stating clearly the purpose, inclusive period of the intended travel, and containing
an undertaking to immediately report to the DOJ upon return; and
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b. Authority to travel or travel clearance from the court or appropriate government office where
the case upon which the issued HDO/WLO was based is pending, or from the investigating
prosecutor in charge of the subject case.
Section 8. Issuance of Clearance/Certification of Not the Same Person. - Any person who is prevented
from leaving the country because his name appears to be the same as the one that appears in the
HDO/WLO issued pursuant to this Circular may, upon application under oath, be issued a Certification
to the effect that said person is not the same person whose name appears in the issued HDO/WLO.
The Certification may be issued upon submission of the following requirements:
a. Affidavit of Denial;
b. Photocopy of the page of the passport bearing the personal details;
c. Latest clearance from the National Bureau of Investigation (NBI); and
d. Clearance from the court or appropriate government agency, whenever applicable.
Section 9. Processing Fees. - Pursuant to the provisions of Republic Act No. 9279 and its
Implementing Rules and Regulations, there shall be collected and paid to the Cashier's Office of this
Department the following fees to cover the administrative costs for services rendered by the Legal
Staff, to wit:
Issuance/Lifting or Cancellation/Extension of HDO/WLO
- P2,500.00
Issuance of Allow Departure Order
- P2,500.00
Issuance of Clearance/Certification of Not the Same Person
- P500.00
Section 10. Repealing Clause. - All rules and regulations, particularly those contained in Circular No.
17 dated March 19, 1998 and Circular No. 18 dated April 23, 2007, as well as all instructions, issuances
or orders or parts thereof inconsistent with the Rules provided herein, are hereby superseded and/or
repealed accordingly.
Section 11. Effectivity. - These rules shall take effect immediately. (Effective on May 25, 2010)
ALBERTO C. AGRA
Acting Secretary
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4 Rights of persons under Custodial Investigation (RA No. 7438)

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Statement of Policy. It is the policy of the Senate to value the dignity of every human
being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers. (a) Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.lawphi1
(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or
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priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall
be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel,
or by any national non-governmental organization duly accredited by the Commission on
Human Rights of by any international non-governmental organization duly accredited by the
Office of the President. The person's "immediate family" shall include his or her spouse, fianc
or fiance, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or
niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation"
to a person who is investigated in connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. Assisting counsel is any lawyer, except those directly affected by the
case, those charged with conducting preliminary investigation or those charged with the prosecution of
crimes. The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with
light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with
less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable
with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee: Provided, That the Municipal
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or City Treasurer must certify that no funds are available to pay the fees of assisting counsel
before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person
can only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.
Section 4. Penalty Clause. (a) Any arresting public officer or employee, or any investigating officer,
who fails to inform any person arrested, detained or under custodial investigation of his right to remain
silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine
of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not
more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be
imposed upon the investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who fails to provide a competent and independent
counsel to a person arrested, detained or under custodial investigation for the commission of an offense
if the latter cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family
of a person arrested, detained or under custodial investigation, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel, from
visiting and conferring privately with him, or from examining and treating him, or from ministering to
his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of
imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand
pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with custodial responsibility
over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure
his safety and prevent his escape.
Section 5. Repealing Clause. RA No. 857, as amended, is hereby repealed. Other laws, presidential
decrees, executive orders or rules and regulations, or parts thereof inconsistent with the provisions of
this Act are repealed or modified accordingly. Section 6. Effectivity. This Act shall take effect fifteen
(15) days following its publication in the Official Gazette or in any daily newspapers of general
circulation in the Philippines. Approved: April 27, 1992.
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III. EVIDENCE
1 Chain of Custody in Drugs Cases (RA 9165 amended by RA 10640)
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized
and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall,
immediately after seizure and confiscation, conduct a physical inventory of the seized items and
photograph the same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, with an elected public official and a
representative of the National Prosecution Service or the media who shall be required to sign the copies
of the inventory and be given a copy thereof: Provided, That the physical inventory and photograph
shall be conducted at the place where the search warrant is served; or at the nearest police station or at
the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless
seizures: Provided, finally, That noncompliance of these requirements under justifiable grounds, as long
as the integrity and the evidentiary value of the seized items are properly preserved by the
apprehending officer/team, shall not render void and invalid such seizures and custody over said items.
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia
and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a
qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done by the
forensic laboratory examiner, shall be issued immediately upon the receipt of the subject item/s:
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Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals does not allow the completion of testing within the time frame, a
partial laboratory examination report shall be provisionally issued stating therein the quantities of
dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final
certification shall be issued immediately upon completion of the said examination and certification;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct
an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four
(24) hours thereafter proceed with the destruction or burning of the same, in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her representative
or counsel, a representative from the media and the DOJ, civil society groups and any elected public
official. The Board shall draw up the guidelines on the manner of proper disposition and destruction of
such item/s which shall be borne by the offender: Provided, That those item/s of lawful commerce, as
determined by the Board, shall be donated, used or recycled for legitimate purposes: Provided, further,
That a representative sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the
subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be
submitted to the court having jurisdiction over the case. In all instances, the representative sample/s
shall be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an admission of guilt. In
case the said offender or accused refuses or fails to appoint a representative after due notice in writing
to the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction
of the evidence in question, the Secretary of Justice shall appoint a member of the public attorney's
office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of the final
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termination of the case and, in turn, shall request the court for leave to turn over the said representative
sample/s to the PDEA for proper disposition and destruction within twenty-four (24) hours from receipt
of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement agencies
shall, with leave of court, be burned or destroyed, in the presence of representatives of the
Court, DOJ, Department of Health (DOH) and the accused/and or his/her counsel, and, b)
Pending the organization of the PDEA, the custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this Section shall be implemented by the
DOH.
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2 Rule on DNA Evidence (A.M. No. 06-11-5-SC)
RULE ON DNA EVIDENCE
RESOLUTION
Acting on the recommendation of the Chairperson and Members of the Subcommittee on Evidence
submitting for the Courts consideration and approval the proposed Rule on DNA Evidence, the Court
Resolved to APPROVE the same.
This Resolution shall take effect on October 15, 2007 following its publication in a newspaper of
general circulation. (Took Effect on October 2, 2007).
SECTION 1. Scope. This Rule shall apply whenever DNA evidence, as defined in Section 3 hereof,
is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as well
as special proceedings.
Sec. 2. Application of other Rules on Evidence. In all matters not specifically covered by this Rule,
the Rules of Court and other pertinent provisions of law on evidence shall apply.
Sec. 3. Definition of Terms. For purposes of this Rule, the following terms shall be defined as
follows:
a.Biological sample means any organic material originating from a persons body, even if
found in inanimate objects, that is susceptible to DNA testing. This includes blood, saliva and
other body fluids, tissues, hairs and bones;
b.DNA means deoxyribonucleic acid, which is the chain of molecules found in every
nucleated cell of the body. The totality of an individuals DNA is unique for the individual,
except identical twins;
c.DNA evidence constitutes the totality of the DNA profiles, results and other genetic
information directly generated from DNA testing of biological samples;
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d.DNA profile means genetic information derived from DNA testing of a biological sample
obtained from a person, which biological sample is clearly identifiable as originating from that
person;
e.DNA testing means verified and credible scientific methods which include the extraction of
DNA from biological samples, the generation of DNA profiles and the comparison of the
information obtained from the DNA testing of biological samples for the purpose of
determining, with reasonable certainty, whether or not the DNA obtained from two or more
distinct biological samples originates from the same person (direct identification) or if the
biological samples originate from related persons (kinship analysis); and
f.Probability of Parentage means the numerical estimate for the likelihood of parentage of a
putative parent compared with the probability of a random match of two unrelated individuals in
a given population.
Sec. 4. Application for DNA Testing Order. The appropriate court may, at any time, either motu
proprio or on application of any person who has a legal interest in the matter in litigation, order a DNA
testing. Such order shall issue after due hearing and notice to the parties upon a showing of the
following:
a.A biological sample exists that is relevant to the case;
b.The biological sample: (i) was not previously subjected to the type of DNA testing now
requested; or (ii) was previously subjected to DNA testing, but the results may require
confirmation for good reasons;
c.The DNA testing uses a scientifically valid technique;
d.The DNA testing has the scientific potential to produce new information that is relevant to the
proper resolution of the case; and
e.The existence of other factors, if any, which the court may consider as potentially affecting the
accuracy of integrity of the DNA testing.
This Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any
party, including law enforcement agencies, before a suit or proceeding is commenced.
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Sec. 5. DNA Testing Order. If the court finds that the requirements in Section 4 hereof have been
complied with, the court shall
a.Order, where appropriate, that biological samples be taken from any person or crime scene
evidence;
b.Impose reasonable conditions on DNA testing designed to protect the integrity of the
biological sample, the testing process and the reliability of the test results, including the
condition that the DNA test results shall be simultaneously disclosed to parties involved in the
case; and
c.If the biological sample taken is of such an amount that prevents the conduct of confirmatory
testing by the other or the adverse party and where additional biological samples of the same
kind can no longer be obtained, issue an order requiring all parties to the case or proceedings to
witness the DNA testing to be conducted.
An order granting the DNA testing shall be immediately executory and shall not be appealable. Any
petition for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, unless a
higher court issues an injunctive order. The grant of DNA testing application shall not be construed as
an automatic admission into evidence of any component of the DNA evidence that may be obtained as
a result thereof.
Sec. 6. Post-conviction DNA Testing. Post-conviction DNA testing may be available, without need of
prior court order, to the prosecution or any person convicted by final and executory judgment provided
that (a) a biological sample exists, (b) such sample is relevant to the case, and (c) the testing would
probably result in the reversal or modification of the judgment of conviction.
Sec. 7. Assessment of probative value of DNA evidence. In assessing the probative value of the DNA
evidence presented, the court shall consider the following:
a.The chair of custody, including how the biological samples were collected, how they were
handled, and the possibility of contamination of the samples;
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b.The DNA testing methodology, including the procedure followed in analyzing the samples,
the advantages and disadvantages of the procedure, and compliance with the scientifically valid
standards in conducting the tests;
c.The forensic DNA laboratory, including accreditation by any reputable standards-setting

institution and the qualification of the analyst who conducted the tests. If the laboratory is not
accredited, the relevant experience of the laboratory in forensic casework and credibility shall
be properly established; and
d.The reliability of the testing result, as hereinafter provided.
The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily.
Sec. 8. Reliability of DNA Testing Methodology. In evaluating whether the DNA testing
methodology is reliable, the court shall consider the following:
a.The falsifiability of the principles or methods used, that is, whether the theory or technique
can be and has been tested;
b.The subjection to peer review and publication of the principles or methods;
c.The general acceptance of the principles or methods by the relevant scientific community;
d.The existence and maintenance of standards and controls to ensure the correctness of data
generated;
e.The existence of an appropriate reference population database; and
f.The general degree of confidence attributed to mathematical calculations used in comparing

DNA profiles and the significance and limitation of statistical calculations used in comparing
DNA profiles.
Sec. 9. of DNA Testing Results. In evaluating the results of DNA testing, the court shall consider the
following:
a.The evaluation of the weight of matching DNA evidence or the relevance of mismatching
DNA evidence;
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b.The results of the DNA testing in the light of the totality of the other evidence presented in the
case; and that
c.DNA results that exclude the putative parent from paternity shall be conclusive proof of non-
paternity. If the value of the Probability of Paternity is less than 99.9%, the results of the DNA
testing shall be considered as corroborative evidence. If the value of the Probability of Paternity
is 99.9% or higher there shall be a disputable presumption of paternity.
Sec. 10. Post-conviction DNA Testing Remedy if the Results Are Favorable to the Convict. The
convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin if the
results of the post-conviction DNA testing are favorable to the convict. In the case the court, after due
hearing finds the petition to be meritorious, if shall reverse or modify the judgment of conviction and
order the release of the convict, unless continued detention is justified for a lawful cause.
A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any
member of said courts, which may conduct a hearing thereon or remand the petition to the court of
origin and issue the appropriate orders.
Sec. 11. Confidentiality. DNA profiles and all results or other information obtained from DNA testing
shall be confidential. Except upon order of the court, a DNA profile and all results or other information
obtained from DNA testing shall only be released to any of the following, under such terms and
conditions as may be set forth by the court:
a.Person from whom the sample was taken;
b.Person from whom the sample was taken;
c.Lawyers of private complainants in a criminal action;
d.Duly authorized law enforcement agencies; and
e.Other persons as determined by the court.
Whoever discloses, utilizes or publishes in any form any information concerning a DNA profile
without the proper court order shall be liable for indirect contempt of the court wherein such DNA
evidence was offered, presented or sought to be offered and presented.
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Where the person from whom the biological sample was taken files a written verified request to the
court that allowed the DNA testing for the disclosure of the DNA profile of the person and all results or
other information obtained from the DNA testing, he same may be disclosed to the persons named in
the written verified request.
Sec. 12. Preservation of DNA Evidence. The trial court shall preserve the DNA evidence in its totality,
including all biological samples, DNA profiles and results or other genetic information obtained from
DNA testing. For this purpose, the court may order the appropriate government agency to preserve the
DNA evidence as follows:
a.In criminal cases:
i.for not less than the period of time that any person is under trial for an offense;
or
ii.in case the accused is serving sentence, until such time as the accused has
served his sentence;
a.In all other cases, until such time as the decision in the case where the DNA evidence was
introduced has become final and executory.
The court may allow the physical destruction of a biological sample before the expiration of the periods
set forth above, provided that:
a.A court order to that effect has been secured; or
b.The person from whom the DNA sample was obtained has consented in writing to the
disposal of the DNA evidence.
Sec. 13. Applicability to Pending Cases. Except as provided in Section 6 and 10 hereof, this Rule shall
apply to cases pending at the time of its effectivity.
Sec. 14. Effectivity. This Rule shall take effect on October 15, 2007, following publication in a
newspaper of general circulation.
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3 Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
RULES ON ELECTRONIC EVIDENCE
Acting on the Memorandum dated 18 June 2001 of the Committee on the Revision of the Rules
of Court to Draft the Rules on E-Commerce Law [R.A. No. 8792] submitting the Rules on Electronic
Evidence for this Court's consideration and approval, the Court Resolved to APPROVED the same.
The Rules on Electronic Evidence shall apply to cases pending after their effectivity. These
Rules shall take effect on the first day of August 2001 following thier publication before the 20th of
July in two newspapers of general circulation in the Philippines (Took Effect 17th July 2001).
Rule 1-COVERAGE
Section 1. Scope. Unless otherwise provided herein, these Rules shall apply whenever an electronic
document or electronic data message, as defined in Rule 2 hereof, is offered or used in evidence.
Section 2. Cases covered. These Rules shall apply to all civil actions and proceedings, as well as
quasi-judicial and administrative cases.
Section 3. Application of other rules on evidence. In all matters not specifically covered by these
Rules, the Rules of Court and pertinent provisions of statutes containing rules on evidence shall apply.
Rule 2-DEFINITION OF TERMS AND CONSTRUCTION
Section 1. Definition of terms. For purposes of these Rules, the following terms are defined, as
follows:
(a) "Asymmetric or public cryptosystem" means a system capable of generating a secure key
pair, consisting of a private key for creating a digital signature, and a public key for verifying
the digital signature.
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(b) "Business records" include records of any business, institution, association, profession,
occupation, and calling of every kind, whether or not conducted for profit, or for legitimate or
illegitimate purposes.
(c) "Certificate" means an electronic document issued to support a digital signature which
purports to confirm the identity or other significant characteristics of the person who holds a
particular key pair.
(d) "Computer" refers to any single or interconnected device or apparatus, which, by electronic,
electro-mechanical or magnetic impulse, or by other means with the same function, can receive,
record, transmit, store, process, correlate, analyze, project, retrieve and/or produce information,
data, text, graphics, figures, voice, video, symbols or other modes of expression or perform any
one or more of these functions.
(e) "Digital signature" refers to an electronic signature consisting of a transformation of an

electronic document or an electronic data message using an asymmetric or public cryptosystem
such that a person having the initial untransformed electronic document and the signer's public
key can accurately determine:
i. whether the transformation was created using the private key that corresponds to the
signer's public key; and
ii. whether the initial electronic document had been altered after the transformation was
made.
(f) "Digitally signed" refers to an electronic document or electronic data message bearing a
digital signature verified by the public key listed in a certificate.
(g) "Electronic data message" refers to information generated, sent, received or stored by
electronic, optical or similar means.
(h) "Electronic document" refers to information or the representation of information, data,

figures, symbols or other modes of written expression, described or however represented, by
which a right is established or an obligation extinguished, or by which a fact may be proved and
affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced
electronically. It includes digitally signed documents and any print-out or output, readable by
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sight or other means, which accurately reflects the electronic data message or electronic
document. For purposes of these Rules, the term "electronic document" may be used
interchangeably with "electronic data message".
(i) "Electronic key" refers to a secret code which secures and defends sensitive information that
crosses over public channels into a form decipherable only with a matching electronic key.
(j) "Electronic signature" refers to any distinctive mark, characteristic and/or sound in electronic
form, representing the identity of a person and attached to or logically associated with the
electronic data message or electronic document or any methodology or procedure employed or
adopted by a person and executed or adopted by such person with the intention of
authenticating, signing or approving an electronic data message or electronic document. For
purposes of these Rules, an electronic signature includes digital signatures.
(k) "Ephemeral electronic communication" refers to telephone conversations, text messages,

chatroom sessions, streaming audio, streaming video, and other electronic forms of
communication the evidence of which is not recorded or retained.
(l) "Information and communication system" refers to a system for generating, sending,
receiving, storing or otherwise processing electronic data messages or electronic documents and
includes the computer system or other similar devices by or in which data are recorded or stored
and any procedure related to the recording or storage of electronic data messages or electronic
documents.
(m) "Key pair" in an asymmetric cryptosystem refers to the private key and its mathematically
related public key such that the latter can verify the digital signature that the former creates.
(n) "Private key" refers to the key of a key pair used to create a digital signature.
(o) "Public key" refers to the key of a key pair used to verify a digital signature.
Section 2. Construction. These Rules shall be liberally construed to assist the parties in obtaining a
just, expeditious, and inexpensive determination of cases.
The interpretation of these Rules shall also take into consideration the international origin of Republic
Act No. 8792, otherwise known as the Electronic Commerce Act.
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Rule 3-ELECTRONIC DOCUMENTS
Section 1. Electronic documents as functional equivalent of paper-based documents. Whenever a rule

of evidence refers to the term writing, document, record, instrument, memorandum or any other form
of writing, such term shall be deemed to include an electronic document as defined in these Rules.
Section 2. Admissibility. An electronic document is admissible in evidence if it complies with the

rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the
manner prescribed by these Rules.
Section 3. Privileged communication. The confidential character of a privileged communication is

not lost solely on the ground that it is in the form of an electronic document.
Rule 4-BEST EVIDENCE RULE
Section 1. Original of an electronic document. An electronic document shall be regarded as the

equivalent of an original document under the Best Evidence Rule if it is a printout or output readable
by sight or other means, shown to reflect the data accurately.
Section 2. Copies as equivalent of the originals. When a document is in two or more copies executed
at or about the same time with identical contents, or is a counterpart produced by the same impression
as the original, or from the same matrix, or by mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques which accurately reproduces the original, such copies
or duplicates shall be regarded as the equivalent of the original.
Notwithstanding the foregoing, copies or duplicates shall not be admissible to the same extent as the
original if:
(a) a genuine question is raised as to the authenticity of the original; or
(b) in the circumstances it would be unjust or inequitable to admit the copy in lieu of the
original.
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Rule 5-AUTHENTICATION OF ELECTRONIC DOCUMENTS
Section 1. Burden of proving authenticity. The person seeking to introduce an electronic document in
any legal proceeding has the burden of proving its authenticity in the manner provided in this Rule.
Section 2. Manner of authentication. Before any private electronic document offered as authentic is
received in evidence, its authenticity must be proved by any of the following means:
(a) by evidence that it had been digitally signed by the person purported to have signed the
same;
(b) by evidence that other appropriate security procedures or devices as may be authorized by
the Supreme Court or by law for authentication of electronic documents were applied to the
document; or
(c) by other evidence showing its integrity and reliability to the satisfaction of the judge.
Section 3. Proof of electronically notarized document. A document electronically notarized in

accordance with the rules promulgated by the Supreme Court shall be considered as a public document
and proved as a notarial document under the Rules of Court.
Rule 6-ELECTRONIC SIGNATURES
Section 1. Electronic signature. An electronic signature or a digital signature authenticated in the

manner prescribed hereunder is admissible in evidence as the functional equivalent of the signature of a
person on a written document.
Section 2. Authentication of electronic signatures. An electronic signature may be authenticated in

any of the following manner:
(a) By evidence that a method or process was utilized to establish a digital signature and verify
the same;
(b) By any other means provided by law; or
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(c) By any other means satisfactory to the judge as establishing the genuineness of the
electronic signature.
Section 3. Disputable presumptions relating to electronic signatures. Upon the authentication of an

electronic signature, it shall be presumed that:
(a) The electronic signature is that of the person to whom it correlates;
(b) The electronic signature was affixed by that person with the intention of authenticating or
approving the electronic document to which it is related or to indicate such person's consent to
the transaction embodied therein; and
(c) The methods or processes utilized to affix or verify the electronic signature operated without
error or fault.
Section 4. Disputable presumptions relating to digital signatures. Upon the authentication of a digital
signature, it shall be presumed, in addition to those mentioned in the immediately preceding section,
that:
(a) The information contained in a certificate is correct;
(b) The digital signature was created during the operational period of a certificate;
(c) No cause exists to render a certificate invalid or revocable;
(d) The message associated with a digital signature has not been altered from the time it was
signed; and,
(e) A certificate had been issued by the certification authority indicated therein.
Rule 7-EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS
Section 1. Factors for assessing evidentiary weight. In assessing the evidentiary weight of an
electronic document, the following factors may be considered:
(a) The reliability of the manner or method in which it was generated, stored or communicated,
including but not limited to input and output procedures, controls, tests and checks for accuracy
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and reliability of the electronic data message or document, in the light of all the circumstances
as well as any relevant agreement;
(b) The reliability of the manner in which its originator was identified;
(c) The integrity of the information and communication system in which it is recorded or stored,
including but not limited to the hardware and computer programs or software used as well as
programming errors;
(d) The familiarity of the witness or the person who made the entry with the communication and
information system;
(e) The nature and quality of the information which went into the communication and
information system upon which the electronic data message or electronic document was based;
or
(f) Other factors which the court may consider as affecting the accuracy or integrity of the
electronic document or electronic data message.
Section 2. Integrity of an information and communication system. In any dispute involving the
integrity of the information and communication system in which an electronic document or electronic
data message is recorded or stored, the court may consider, among others, the following factors:
(a) Whether the information and communication system or other similar device was operated in
a manner that did not affect the integrity of the electronic document, and there are no other
reasonable grounds to doubt the integrity of the information and communication system;
(b) Whether the electronic document was recorded or stored by a party to the proceedings with
interest adverse to that of the party using it; or
(c) Whether the electronic document was recorded or stored in the usual and ordinary course of
business by a person who is not a party to the proceedings and who did not act under the control
of the party using it.
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Rule 8-BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY RULE
Section 1. Inapplicability of the hearsay rule. A memorandum, report, record or data compilation of
acts, events, conditions, opinions, or diagnoses, made by 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.
Section 2. Overcoming the presumption. The presumption provided for in Section 1 of this Rule may
be overcome by evidence of the untrustworthiness of the source of information or the method or
circumstances of the preparation, transmission or storage thereof.
Rule 9-METHOD OF PROOF
Section 1. Affidavit evidence. All matters relating to the admissibility and evidentiary weight of an
electronic document may be established by an affidavit stating facts of direct personal knowledge of the
affiant or based on authentic records. The affidavit must affirmatively show the competence of the
affiant to testify on the matters contained therein.
Section 2. Cross-examination of deponent. The affiant shall be made to affirm the contents of the
affidavit in open court and may be cross-examined as a matter of right by the adverse party.
Rule 10-EXAMINATION OF WITNESSES
Section 1. Electronic testimony. After summarily hearing the parties pursuant to Rule 9 of these
Rules, the court may authorize the presentation of testimonial evidence by electronic means. Before so
authorizing, the court shall determine the necessity for such presentation and prescribe terms and
conditions as may be necessary under the circumstances, including the protection of the rights of the
parties and witnesses concerned.
Section 2. Transcript of electronic testimony. When examination of a witness is done electronically,

the entire proceedings, including the questions and answers, shall be transcribed by a stenographer,
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stenotypist or other recorder authorized for the purpose, who shall certify as correct the transcript done
by him. The transcript should reflect the fact that the proceedings, either in whole or in part, had been
electronically recorded.
Section 3. Storage of electronic evidence. The electronic evidence and recording thereof as well as
the stenographic notes shall form part of the record of the case. Such transcript and recording shall be
deemed prima facie evidence of such proceedings.
Rule 11-AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE
Section 1. Audio, video and similar evidence. Audio, photographic and video evidence of events, acts
or transactions shall be admissible provided it shall be shown, presented or displayed to the court and
shall be identified, explained or authenticated by the person who made the recording or by some other
person competent to testify on the accuracy thereof.
Section 2. Ephemeral electronic communications. Ephemeral electronic communications shall be

proven by the testimony of a person who was a party to the same or has personal knowledge thereof. In
the absence or unavailability of such witnesses, other competent evidence may be admitted.
A recording of the telephone conversation or ephemeral electronic communication shall be covered by

the immediately preceding section.
If the foregoing communications are recorded or embodied in an electronic document, then the
provisions of Rule 5 shall apply.
Rule 12-EFFECTIVITY
Section 1. Applicability to pending cases. These Rules shall apply to cases pending after their
effectivity.
Section 2. Effectivity. These Rules shall take effect on the first day of August 2001 following their
publication before the 20th of July 2001 in two newspapers of general circulation in the Philippines.
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4 Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
Judicial Affidavit Rule
Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed
each year and the slow and cumbersome adversarial syste1n that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants
simply give up con1ing to court after repeated postponements;
Whereas, few foreign businessmen make long-term investments in the Philippines because its courts
are unable to provide ample and speedy protection to their investments, keeping its people poor;
Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under
litigation, on February 21, 2012 the Supreme Court approved for piloting by trial courts in Quezon City
the compulsory use of judicial affidavits in place of the direct testimonies of witnesses;
Whereas, it is reported that such piloting has quickly resulted in reducing by about two-thirds the time
used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of
cases;
Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior
Associate Justice Antonio T. Carpio, and the Sub-Committee on the Revision of the Rules on Civil
Procedure, headed by Associate Justice Roberto A. Abad, have recommended for adoption a Judicial
Affidavit Rule that will replicate nationwide the success of the Quezon City experience in the use of
judicial affidavits; and
Whereas, the Supreme Court En Banc finds merit in the recommendation;
NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following:
Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents requiring the
reception of evidence before:
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(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal
Trial Courts, the Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall
not apply to small claims cases under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a
Appellate Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to
disapproval of the Supreme Court, insofar as their existing rules of procedure contravene
the provisions of this Rule.1
(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers
shall be uniformly referred to here as the "court."
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.
(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
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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:
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(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 5. Subpoena. - If the government employee or official, or the requested witness, who is neither
the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial
affidavit or refuses without just cause to make the relevant books, documents, or other things under his
control available for copying, authentication, and eventual production in court, the requesting party
may avail himself of the issuance of a subpoena ad testificandum or duces tecum under Rule 21 of the
Rules of Court. The rules governing the issuance of a subpoena to the witness in this case shall be the
same as when taking his deposition except that the taking of a judicial affidavit shal1 be understood to
be ex parte.
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 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
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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
166
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 P5,000.00 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 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 P1,000.00 nor more
than P 5,000.00, at the discretion of the court.
Section 11. Repeal or modification of inconsistent rules. - The provisions of the Rules of Court and the
rules of procedure governing investigating officers and bodies authorized by the Supreme Court to
receive evidence are repealed or modified insofar as these are inconsistent with the provisions of this
Rule.1wphi1
The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby disapproved.
Section 12. Effectivity. - This rule shall take effect on January 1, 2013 following its publication in two
newspapers of general circulation not later than September 15, 2012. It shall also apply to existing
cases.
Manila, September 4, 2012.
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5 Rule on Examination of a Child Witness (A.M. No. 004-07-SC)
RULE ON EXAMINATION OF A CHILD WITNESS
Section 1. Applicability of the Rule. - Unless otherwise provided, this Rule shall govern the
examination of child witnesses who are victims of crime, accused of a crime, and witnesses to crime. It
shall apply in all criminal proceedings and non-criminal proceedings involving child witnesses.
Section 2. Objectives. - The objectives of this Rule are to create and maintain an environment that will
allow children to give reliable and complete evidence, minimize trauma to children, encourage children
to testify in legal proceedings, and facilitate the ascertainment of truth.
Section 3. Construction of the Rule. - This Rule shall be liberally construed to uphold the best
interests of the child and to promote maximum accommodation of child witnesses without prejudice to
the constitutional rights of the accused.
Section 4. Definitions. -
(a) A "child witness" is any person who at the time of giving testimony is below the age of
eighteen (18) years. In child abuse cases, a child includes one over eighteen (18) years but is
found by the court as unable to fully take care of himself or protect himself from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
(b) "Child abuse" means physical, psychological, or sexual abuse, and criminal neglect as
defined in Republic Act No. 7610 and other related laws.
(c) "Facilitator" means a person appointed by the court to pose questions to a child.
(d) "Record regarding a child" or "record" means any photograph, videotape, audiotape, film,
handwriting, typewriting, printing, electronic recording, computer data or printout, or other
memorialization, including any court document, pleading, or any copy or reproduction of any of
the foregoing, that contains the name, description, address, school, or any other personal
identifying information about a child or his family and that is produced or maintained by a
public agency, private agency, or individual.
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(e) A "guardian ad litem" is a person appointed by the court where the case is pending for a
child who is a victim of, accused of, or a witness to a crime to protect the best interests of the
said child.
(f) A "support person" is a person chosen by the child to accompany him to testify at or attend a
judicial proceeding or deposition to provide emotional support for him.
(g) "Best interests of the child" means the totality of the circumstances and conditions as are
most congenial to the survival, protection, and feelings of security of the child and most
encouraging to his physical, psychological, and emotional development. It also means the least
detrimental available alternative for safeguarding the growth and development of the child.
(h) "Developmental level" refers to the specific growth phase in which most individuals are
expected to behave and function in relation to the advancement of their physical, socio-
emotional, cognitive, and moral abilities.
(i) "In-depth investigative interview" or "disclosure interview" is an inquiry or proceeding
conducted by duly trained members of a multidisciplinary team or representatives of law
enforcement or child protective services for the purpose of determining whether child abuse has
been committed.
Section 5. Guardian ad litem. -
(a) The court may appoint a guardian ad litem for a child who is a victim of, accused of, or a
witness to a crime to promote the best interests of the child. In making the appointment, the
court shall consider the background of the guardian ad litem and his familiarity with the judicial
process, social service programs, and child development, giving preference to the parents of the
child, if qualified. The guardian ad litem may be a member of the Philippine Bar. A person who
is a witness in any proceeding involving the child cannot be appointed as a guardian ad litem.
(b) The guardian ad litem:
(1) Shall attend all interviews, depositions, hearings, and trial proceedings in which a
child participates;
(2) Shall make recommendations to the court concerning the welfare of the child;
(3) Shall have access to all reports, evaluations, and records necessary to effectively
advocate for the child, except privileged communications;
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(4) Shall marshal and coordinate the delivery of resources and special services to the
child;
(5) Shall explain, in language understandable to the child, all legal proceedings,
including police investigations, in which the child is involved;
(6) Shall assist the child and his family in coping with the emotional effects of crime and
subsequent criminal or non-criminal proceedings in which the child is involved;
(7) May remain with the child while the child waits to testify;
(8) May interview witnesses; and
(9) May request additional examinations by medical or mental health professionals if
there is a compelling need therefor.
(c) The guardian ad litem shall be notified of all proceedings but shall not participate in the trial.
However, he may file motions pursuant to sections 9, 10, 25, 26, 27 and 31(c). If the guardian
ad litem is a lawyer, he may object during trial that questions asked of the child are not
appropriate to his developmental level.
(d) The guardian ad litem may communicate concerns regarding the child to the court through
an officer of the court designated for that purpose.
(e) The guardian ad litem shall not testify in any proceeding concerning any information,
statement, or opinion received from the child in the course of serving as a guardian ad litem,
unless the court finds it necessary to promote the best interests of the child.
(f) The guardian ad litem shall be presumed to have acted in good faith in compliance with his
duties described in sub-section (b).
Section 6. Competency. - Every child is presumed qualified to be a witness. However, the court shall
conduct a competency examination of a child, motu proprio or on motion of a party, when it finds that
substantial doubt exists regarding the ability of the child to perceive, remember, communicate,
distinguish truth from falsehood, or appreciate the duty to tell the truth in court.
(a) Proof of necessity. - A party seeking a competency examination must present proof of
necessity of competency examination. The age of the child by itself is not a sufficient basis for a
competency examination.
(b) Burden of proof. - To rebut the presumption of competence enjoyed by a child, the burden of
proof lies on the party challenging his competence.
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(c) Persons allowed at competency examination. Only the following are allowed to attend a
competency examination:
(1) The judge and necessary court personnel;
(2) The counsel for the parties;
(3) The guardian ad litem;
(4) One or more support persons for the child; and
(5) The defendant, unless the court determines that competence can be fully evaluated in
his absence.
(d) Conduct of examination. - Examination of a child as to his competence shall be conducted
only by the judge. Counsel for the parties, however, can submit questions to the judge that he
may, in his discretion, ask the child.
(e) Developmentally appropriate questions. - The questions asked at the competency
examination shall be appropriate to the age and developmental level of the child; shall not be
related to the issues at trial; and shall focus on the ability of the child to remember,
communicate, distinguish between truth and falsehood, and appreciate the duty to testify
truthfully.
(f) Continuing duty to assess competence. - The court has the duty of continuously assessing the
competence of the child throughout his testimony.
Section 7. Oath or affirmation. - Before testifying, a child shall take an oath or affirmation to tell the
truth.
Section 8. Examination of a child witness. - The examination of a child witness presented in a hearing
or any proceeding shall be done in open court. 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.
The party who presents a child witness or the guardian ad litem of such child witness may, however,
move the court to allow him to testify in the manner provided in this Rule.
Section 9. Interpreter for child. -
(a) When a child does not understand the English or Filipino language or is unable to
communicate in said languages due to his developmental level, fear, shyness, disability, or other
similar reason, an interpreter whom the child can understand and who understands the child
may be appointed by the court, motu proprio or upon motion, to interpret for the child.
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(b) If a witness or member of the family of the child is the only person who can serve as an
interpreter for the child, he shall not be disqualified and may serve as the interpreter of the
child. The interpreter, however, who is also a witness, shall testify ahead of the child.
(c) An interpreter shall take an oath or affirmation to make a true and accurate interpretation.
Section 10. Facilitator to pose questions to child. -
(a) The court may, motu proprio or upon motion, appoint a facilitator if it determines that the
child is unable to understand or respond to questions asked. The facilitator may be a child
psychologist, psychiatrist, social worker, guidance counselor, teacher, religious leader, parent, or
relative.
(b) If the court appoints a facilitator, the respective counsels for the parties shall pose questions
to the child only through the facilitator. The questions shall either be in the words used by
counsel or, if the child is not likely to understand the same, in words that are comprehensible to
the child and which convey the meaning intended by counsel.
(c) The facilitator shall take an oath or affirmation to pose questions to the child according to
the meaning intended by counsel.
Section 11. Support persons. -
(a) A child testifying at a judicial proceeding or making a deposition shall have the right to be
accompanied by one or two persons of his own choosing to provide him emotional support.
(1) Both support persons shall remain within the view of the child during his testimony.
(2) One of the support persons may accompany the child to the witness stand, provided
the support person does not completely obscure the child from the view of the opposing
party, judge, or hearing officer.
(3) The court may allow the support person to hold the hand of the child or take other
appropriate steps to provide emotional support to the child in the course of the
proceedings.
(4) The court shall instruct the support persons not to prompt, sway, or influence the
child during his testimony.
(b) If the support person chosen by the child is also a witness, the court may disapprove the
choice if it is sufficiently established that the attendance of the support person during the
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testimony of the child would pose a substantial risk of influencing or affecting the content of the
testimony of the child.
(c) If the support person who is also a witness is allowed by the court, his testimony shall be
presented ahead of the testimony of the child.
Section 12. Waiting area for child witnesses. - The courts are encouraged to provide a waiting area for
children that is separate from waiting areas used by other persons. The waiting area for children should
be furnished so as to make a child comfortable.
Section 13. Courtroom environment. - To create a more comfortable environment for the child, the
court may, in its discretion, direct and supervise the location, movement and deportment of all persons
in the courtroom including the parties, their counsel, child, witnesses, support persons, guardian ad
litem, facilitator, and court personnel. The child may be allowed to testify from a place other than the
witness chair. The witness chair or other place from which the child testifies may be turned to facilitate
his testimony but the opposing party and his counsel must have a frontal or profile view of the child
during the testimony of the child. The witness chair or other place from which the child testifies may
also be rearranged to allow the child to see the opposing party and his counsel, if he chooses to look at
them, without turning his body or leaving the witness stand. The judge need not wear his judicial robe.
Nothing in this section or any other provision of law, except official in-court identification provisions,
shall be construed to require a child to look at the accused.
Accommodations for the child under this section need not be supported by a finding of trauma to the
child.
Section 14. Testimony during appropriate hours. - The court may order that the testimony of the child
should be taken during a time of day when the child is well-rested.
Section 15. Recess during testimony. -
The child may be allowed reasonable periods of relief while undergoing direct, cross, re-direct, and re-
cross examinations as often as necessary depending on his developmental level.
Section 16. Testimonial aids. - The court shall permit a child to use dolls, anatomically-correct dolls,
puppets, drawings, mannequins, or any other appropriate demonstrative device to assist him in his
testimony.
Section 17. Emotional security item. - While testifying, a child shall be allowed to have an item of his
own choosing such as a blanket, toy, or doll.
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Section 18. Approaching the witness. - The court may prohibit a counsel from approaching a child if it
appears that the child is fearful of or intimidated by the counsel.
Section 19. Mode of questioning. - The court shall exercise control over the questioning of children so
as to (1) facilitate the ascertainment of the truth, (2) ensure that questions are stated in a form
appropriate to the developmental level of the child, (3) protect children from harassment or undue
embarrassment, and (4) avoid waste of time.
The court may allow the child witness to testify in a narrative form.
Section 20. Leading questions. - The court may allow leading questions in all stages of examination of
a child if the same will further the interests of justice.
Section 21. Objections to questions. - Objections to questions should be couched in a manner so as not
to mislead, confuse, frighten, or intimidate the child.
Section 22. Corroboration. - Corroboration shall not be required of a testimony of a child. His
testimony, if credible by itself, shall be sufficient to support a finding of fact, conclusion, or judgment
subject to the standard of proof required in criminal and non-criminal cases.
Section 23. Excluding the public. - When a child testifies, the court may order the exclusion from the
courtroom of all persons, including members of the press, who do not have a direct interest in the case.
Such an order may be made to protect the right to privacy of the child or if the court determines on the
record that requiring the child to testify in open court would cause psychological harm to him, hinder
the ascertainment of truth, or result in his inability to effectively communicate due to embarrassment,
fear, or timidity. In making its order, the court shall consider the developmental level of the child, the
nature of the crime, the nature of his testimony regarding the crime, his relationship to the accused and
to persons attending the trial, his desires, and the interests of his parents or legal guardian. The court
may, motu proprio, exclude the public from the courtroom if the evidence to be produced during trial is
of such character as to be offensive to decency or public morals. The court may also, on motion of the
accused, exclude the public from trial, except court personnel and the counsel of the parties.
Section 24. Persons prohibited from entering and leaving courtroom. - The court may order that
persons attending the trial shall not enter or leave the courtroom during the testimony of the child.
Section 25. Live-link television testimony in criminal cases where the child is a victim or a witness. -
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(a) The prosecutor, counsel or the guardian ad litem may apply for an order that the testimony of
the child be taken in a room outside the courtroom and be televised to the courtroom by live-
link television.
Before the guardian ad litem applies for an order under this section, he shall consult the
prosecutor or counsel and shall defer to the judgment of the prosecutor or counsel regarding the
necessity of applying for an order. In case the guardian ad ltiem is convinced that the decision of
the prosecutor or counsel not to apply will cause the child serious emotional trauma, he himself
may apply for the order.
The person seeking such an order shall apply at least five (5) days before the trial date, unless
the court finds on the record that the need for such an order was not reasonably foreseeable.
(b) The court may motu proprio hear and determine, with notice to the parties, the need for
taking the testimony of the child through live-link television.
(c) The judge may question the child in chambers, or in some comfortable place other than the
courtroom, in the presence of the support person, guardian ad litem, prosecutor, and counsel for
the parties. The questions of the judge shall not be related to the issues at trial but to the feelings
of the child about testifying in the courtroom.
(d) The judge may exclude any person, including the accused, whose presence or conduct
causes fear to the child.
(e) The court shall issue an order granting or denying the use of live-link television and stating
the reasons therefor. It shall consider the following factors:
(1) The age and level of development of the child;
(2) His physical and mental health, including any mental or physical disability;
(3) Any physical, emotional, or psychological injury experienced by him;
(4) The nature of the alleged abuse;
(5) Any threats against the child;
(6) His relationship with the accused or adverse party;
(7) His reaction to any prior encounters with the accused in court or elsewhere;
(8) His reaction prior to trial when the topic of testifying was discussed with him by
parents or professionals;
(9) Specific symptoms of stress exhibited by the child in the days prior to testifying;
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(10) Testimony of expert or lay witnesses;

(11) The custodial situation of the child and the attitude of the members of his family
regarding the events about which he will testify; and
(12) Other relevant factors, such as court atmosphere and formalities of court procedure.
(f) The court may order that the testimony of the child be taken by live-link television if there is
a substantial likelihood that the child would suffer trauma from testifying in the presence of the
accused, his counsel or the prosecutor as the case may be. The trauma must be of a kind which
would impair the completeness or truthfulness of the testimony of the child.
(g) If the court orders the taking of testimony by live-link television:
(1) The child shall testify in a room separate from the courtroom in the presence of the
guardian ad litem; one or both of his support persons; the facilitator and interpreter, if
any; a court officer appointed by the court; persons necessary to operate the closed-
circuit television equipment; and other persons whose presence are determined by the
court to be necessary to the welfare and well-being of the child;
(2) The judge, prosecutor, accused, and counsel for the parties shall be in the courtroom.
The testimony of the child shall be transmitted by live-link television into the courtroom
for viewing and hearing by the judge, prosecutor, counsel for the parties, accused,
victim, and the public unless excluded.
(3) If it is necessary for the child to identify the accused at trial, the court may allow the
child to enter the courtroom for the limited purpose of identifying the accused, or the
court may allow the child to identify the accused by observing the image of the latter on
a television monitor.
(4) The court may set other conditions and limitations on the taking of the testimony that
it finds just and appropriate, taking into consideration the best interests of the child.
(h) The testimony of the child shall be preserved on videotape, digital disc, or other similar
devices which shall be made part of the court record and shall be subject to a protective order as
provided in section 31(b).
Section 26. Screens, one-way mirrors, and other devices to shield child from accused. -
(a) The prosecutor or the guardian ad litem may apply for an order that the chair of the child or
that a screen or other device be placed in the courtroom in such a manner that the child cannot
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see the accused while testifying. Before the guardian ad litem applies for an order under this
section, he shall consult with the prosecutor or counsel subject to the second and third
paragraphs of section 25(a) of this Rule. The court shall issue an order stating the reasons and
describing the approved courtroom arrangement.
(b) If the court grants an application to shield the child from the accused while testifying in the
courtroom, the courtroom shall be arranged to enable the accused to view the child.
Section 27. Videotaped deposition. -
(a) The prosecutor, counsel, or guardian ad litem may apply for an order that a deposition be
taken of the testimony of the child and that it be recorded and preserved on videotape. Before
the guardian ad litem applies for an order under this section, he shall consult with the prosecutor
or counsel subject to the second and third paragraphs of section 25(a).
(b) If the court finds that the child will not be able to testify in open court at trial, it shall issue
an order that the deposition of the child be taken and preserved by videotape.
(c) The judge shall preside at the videotaped deposition of a child. Objections to deposition
testimony or evidence, or parts thereof, and the grounds for the objection shall be stated and
shall be ruled upon at the time of the taking of the deposition. The other persons who may be
permitted to be present at the proceeding are:
(1) The prosecutor;
(2) The defense counsel;
(4) The accused, subject to sub-section (e);
(5) Other persons whose presence is determined by the court to be necessary to the
welfare and well-being of the child;
(6) One or both of his support persons, the facilitator and interpreter, if any;
(7) The court stenographer; and
(8) Persons necessary to operate the videotape equipment.
(d) The rights of the accused during trial, especially the right to counsel and to confront and
cross-examine the child, shall not be violated during the deposition.
(e) If the order of the court is based on evidence that the child is unable to testify in the physical
presence of the accused, the court may direct the latter to be excluded from the room in which
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the deposition is conducted. In case of exclusion of the accused, the court shall order that the
testimony of the child be taken by live-link television in accordance with section 25 of this
Rule. If the accused is excluded from the deposition, it is not necessary that the child be able to
view an image of the accused.
(f) The videotaped deposition shall be preserved and stenographically recorded. The videotape
and the stenographic notes shall be transmitted to the clerk of the court where the case is
pending for safekeeping and shall be made a part of the record.
(g) The court may set other conditions on the taking of the deposition that it finds just and
appropriate, taking into consideration the best interests of the child, the constitutional rights of
the accused, and other relevant factors.
(h) The videotaped deposition and stenographic notes shall be subject to a protective order as
provided in section 31(b).
(i) If, at the time of trial, the court finds that the child is unable to testify for a reason stated in
section 25(f) of this Rule, or is unavailable for any reason described in section 4(c), Rule 23 of
the 1997 Rules of Civil Procedure, the court may admit into evidence the videotaped deposition
of the child in lieu of his testimony at the trial. The court shall issue an order stating the reasons
therefor.
(j) After the original videotaping but before or during trial, any party may file any motion for
additional videotaping on the ground of newly discovered evidence. The court may order an
additional videotaped deposition to receive the newly discovered evidence.
Section 28. Hearsay exception in child abuse cases. - A statement made by a child describing any act
or attempted act of child abuse, not otherwise admissible under the hearsay rule, may be admitted in
evidence in any criminal or non-criminal proceeding subject to the following rules:
(a) Before such hearsay statement may be admitted, its proponent shall make known to the
adverse party the intention to offer such statement and its particulars to provide him a fair
opportunity to object. If the child is available, the court shall, upon motion of the adverse party,
require the child to be present at the presentation of the hearsay statement for cross-examination
by the adverse party. When the child is unavailable, the fact of such circumstance must be
proved by the proponent.
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(b) In ruling on the admissibility of such hearsay statement, the court shall consider the time,
content and circumstances thereof which provide sufficient indicia of reliability. It shall
consider the following factors:
(1) Whether there is a motive to lie;
(2) The general character of the declarant child;
(3) Whether more than one person heard the statement;
(4) Whether the statement was spontaneous;
(5) The timing of the statement and the relationship between the declarant child and
witness;
(6) Cross-examination could not show the lack of knowledge of the declarant child;
(7) The possibility of faulty recollection of the declarant child is remote; and
(8) The circumstances surrounding the statement are such that there is no reason to
suppose the declarant child misrepresented the involvement of the accused.
(c) The child witness shall be considered unavailable under the following situations:
(1) Is deceased, suffers from physical infirmity, lack of memory, mental illness, or will
be exposed to severe psychological injury; or
(2) Is absent from the hearing and the proponent of his statement has been unable to
procure his attendance by process or other reasonable means.
(d) When the child witness is unavailable, his hearsay testimony shall be admitted only if
corroborated by other admissible evidence.
Section 29. Admissibility of videotaped and audiotaped in-depth investigative or disclosure
interviews in child abuse cases. - The court may admit videotape and audiotape in-depth investigative
or disclosure interviews as evidence, under the following conditions:
(a) The child witness is unable to testify in court on grounds and under conditions established
under section 28 (c).
(b) The interview of the child was conducted by duly trained members of a multidisciplinary
team or representatives of law enforcement or child protective services in situations where child
abuse is suspected so as to determine whether child abuse occurred.
(c) The party offering the videotape or audiotape must prove that:
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(1) the videotape or audiotape discloses the identity of all individuals present and at all
times includes their images and voices;
(2) the statement was not made in response to questioning calculated to lead the child to
make a particular statement or is clearly shown to be the statement of the child and not
the product of improper suggestion;
(3) the videotape and audiotape machine or device was capable of recording testimony;
(4) the person operating the device was competent to operate it;
(5) the videotape or audiotape is authentic and correct; and
(6) it has been duly preserved.
The individual conducting the interview of the child shall be available at trial for examination
by any party. Before the videotape or audiotape is offered in evidence, all parties shall be afforded an
opportunity to view or listen to it and shall be furnished a copy of a written transcript of the
proceedings.
The fact that an investigative interview is not videotaped or audiotaped as required by this
section shall not by itself constitute a basis to exclude from evidence out-of-court statements or
testimony of the child. It may, however, be considered in determining the reliability of the statements of
the child describing abuse.
Section 30. Sexual abuse shield rule. -
(a) Inadmissible evidence. - The following evidence is not admissible in any criminal
proceeding involving alleged child sexual abuse:
(1) Evidence offered to prove that the alleged victim engaged in other sexual behavior;
and
(2) Evidence offered to prove the sexual predisposition of the alleged victim.
(b) Exception. - Evidence of specific instances of sexual behavior by the alleged victim to prove
that a person other than the accused was the source of semen, injury, or other physical evidence
shall be admissible.
A party intending to offer such evidence must:
(1) File a written motion at least fifteen (15) days before trial, specifically describing the
evidence and stating the purpose for which it is offered, unless the court, for good cause,
requires a different time for filing or permits filing during trial; and
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(2) Serve the motion on all parties and the guardian ad litem at least three (3) days before the
hearing of the motion.
Before admitting such evidence, the court must conduct a hearing in chambers and afford the
child, his guardian ad litem, the parties, and their counsel a right to attend and be heard. The motion
and the record of the hearing must be sealed and remain under seal and protected by a protective order
set forth in section 31(b). The child shall not be required to testify at the hearing in chambers except
with his consent.
Section 31. Protection of privacy and safety. -
(a) Confidentiality of records. - Any record regarding a child shall be confidential and kept
under seal. Except upon written request and order of the court, a record shall only be released to
the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(5) Agents of investigating law enforcement agencies; and
(6) Other persons as determined by the court.
(b) Protective order. - Any videotape or audiotape of a child that is part of the court record shall
be under a protective order that provides as follows:
(1) Tapes may be viewed only by parties, their counsel, their expert witness, and the
guardian ad litem.
(2) No tape, or any portion thereof, shall be divulged by any person mentioned in sub-
section (a) to any other person, except as necessary for the trial.
(3) No person shall be granted access to the tape, its transcription or any part thereof
unless he signs a written affirmation that he has received and read a copy of the
protective order; that he submits to the jurisdiction of the court with respect to the
protective order; and that in case of violation thereof, he will be subject to the contempt
power of the court.
(4) Each of the tape cassettes and transcripts thereof made available to the parties, their
counsel, and respective agents shall bear the following cautionary notice:
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"This object or document and the contents thereof are subject to a protective order issued
by the court in (case title) , (case number) . They shall not be examined, inspected, read,
viewed, or copied by any person, or disclosed to any person, except as provided in the
protective order. No additional copies of the tape or any of its portion shall be made,
given, sold, or shown to any person without prior court order. Any person violating such
protective order is subject to the contempt power of the court and other penalties
prescribed by law."
(5) No tape shall be given, loaned, sold, or shown to any person except as ordered by the
court.
(6) Within thirty (30) days from receipt, all copies of the tape and any transcripts thereof
shall be returned to the clerk of court for safekeeping unless the period is extended by
the court on motion of a party.
(7) This protective order shall remain in full force and effect until further order of the
court.
(c) Additional protective orders. - The court may, motu proprio or on motion of any party, the
child, his parents, legal guardian, or the guardian ad litem, issue additional orders to protect the
privacy of the child.
(d) Publication of identity contemptuous. - Whoever publishes or causes to be published in any
format the name, address, telephone number, school, or other identifying information of a child
who is or is alleged to be a victim or accused of a crime or a witness thereof, or an immediate
family of the child shall be liable to the contempt power of the court.
(e) Physical safety of child; exclusion of evidence. - A child has a right at any court proceeding
not to testify regarding personal identifying information, including his name, address, telephone
number, school, and other information that could endanger his physical safety or his family. The
court may, however, require the child to testify regarding personal identifying information in the
interest of justice.
(f) Destruction of videotapes and audiotapes. - Any videotape or audiotape of a child produced
under the provisions of this Rule or otherwise made part of the court record shall be destroyed
after five (5) years have elapsed from the date of entry of judgment.
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(g) Records of youthful offender. - Where a youthful offender has been charged before any city
or provincial prosecutor or before any municipal judge and the charges have been ordered
dropped, all the records of the case shall be considered as privileged and may not be disclosed
directly or indirectly to anyone for any purpose whatsoever.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or
commits him to an institution and subsequently releases him pursuant to Chapter 3 of P. D. No. 603, all
the records of his case shall also be considered as privileged and may not be disclosed directly or
indirectly to anyone except to determine if a defendant may have his sentence suspended under Article
192 of P. D. No. 603 or if he may be granted probation under the provisions of P. D. No. 968 or to
enforce his civil liability, if said liability has been imposed in the criminal action. The youthful offender
concerned shall not be held under any provision of law to be guilty of perjury or of concealment or
misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in
response to any inquiry made to him for any purpose.
"Records" within the meaning of this sub-section shall include those which may be in the files of the
National Bureau of Investigation and with any police department or government agency which may
have been involved in the case. (Art. 200, P. D. No. 603)
Section 32. Applicability of ordinary rules. - The provisions of the Rules of Court on deposition,
conditional examination of witnesses, and evidence shall be applied in a suppletory character.
Section 33. Effectivity. - This Rule shall take effect on December 15, 2000 following its publication in
two (2) newspapers of general circulation.
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IV. OTHER SPECIAL LAWS
1 Revised Rules On Summary Procedure (with Amendments)
RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15, 1991 PROVIDING FOR
THE REVISED RULE ON SUMMARY PROCEDURE FOR METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS.
Pursuant to Section 36 of the Judiciary Reorganization Act of 1980 (B.P Blg. 129) and to
achieve an expeditious and inexpensive determination of the cases referred to herein, the Court
Resolved to promulgate the following Revised Rule on Summary Procedure
I. Applicability
Section 1. Scope. This rule shall govern the summary procedure in the Metropolitan Trial Courts,
the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts
in the following cases falling within their jurisdiction
A. Civil Cases
(1) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed
twenty thousand pesos (P20,000.00).
(2) All other cases, except probate proceedings, where the total amount of plaintiffs claim does
not exceed 100,000.00 or 200,000.00 in Metro Manila, exclusive of interests and costs. (As amended
by A.M. 02-11-09-SC, effective November 25, 2002)
B. Criminal Cases
(1) Violations of traffic laws, rules and regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine not exceeding (P1,000.00), or both, irrespective of
other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to property through criminal negligence, this Rule shall
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govern where the imposable fine does not exceed ten thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in the
same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case
where the offense charged is necessarily related to another criminal case subject to the ordinary
procedure.
Sec. 2. Determination of applicability. Upon the filing of a civil or criminal action, the court shall
issue an order declaring whether or not the case shall be governed by this Rule A patently erroneous
determination to avoid the application of the Rule on Summary Procedure is a ground for disciplinary
action.
II. Civil Cases
Sec. 3. Pleadings. A. Pleadings allowed. The only pleadings allowed to be filed are the
complaints, compulsory counterclaims and cross-claims' pleaded in the answer, and the answers
thereto.
B. Verifications. All pleadings shall be verified.
Sec. 4. Duty of court. After the court determines that the case falls under summary procedure, it
may, from an examination of the allegations therein and such evidence as may be attached thereto,
dismiss the case outright on any of the grounds apparent therefrom for the dismissal of a civil action. If
no ground for dismissal is found it shall forthwith issue summons which shall state that the summary
procedure under this Rule shall apply.
Sec. 5. Answer. Within ten (10) days from service of summons, the defendant shall file his answer
to the complaint and serve a copy thereof on the plaintiff. Affirmative and negative defenses not
pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter. Cross-
claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer
to counterclaims or cross-claims shall be filed and served within ten (10) days from service of the
answer in which they are pleaded.
Sec. 6. Effect 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:
Provided, however, that the court may in its discretion reduce the amount of damages and attorney's
fees claimed for being excessive or otherwise unconscionable. This is without prejudice to the
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applicability of Section 4, Rule 15 of the Rules of Court, if there are two or more defendants.
Sec. 7. Preliminary conference; appearance of parties. Not later than thirty (30) days after the
last answer is filed, a preliminary conference shall be held. The rules on pre-trial in ordinary cases 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 a cause for the dismissal of
his complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment
on his counterclaim in accordance with Section 6 hereof. All cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance with
Section 6 hereof. This Rule 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.
Sec. 8. Record of preliminary conference. Within five (5) days after the termination of the
preliminary conference, the court shall issue an order stating the matters taken up therein, including but
not limited to:
(a) Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;
(b) The stipulations or admissions entered into by the parties;.
(c) Whether, 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 (30) days from issuance of the order;
(d) A clear specification of material facts which remain controverted; and
(e) Such other matters intended to expedite the disposition of the case.
Sec. 9. Submission of affidavits and position papers. Within ten (10) 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. 10. Rendition of judgment. Within thirty (30) days after receipt of the last affidavits and
position papers, or the expiration of the period for filing the same, 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 affidavits
or other evidence on the said matters within ten (10) days from receipt of said order. Judgment shall be
rendered within fifteen (15) days after the receipt of the last clarificatory affidavits, or the expiration of
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the period for filing the same.

The court shall not resort to the clarificatory procedure to gain time for the rendition of the
judgment.
III. Criminal Cases
Sec. 11. How commenced. The filing of criminal cases falling within the scope of this Rule shall
be either by complaint or by information: Provided, however, that in Metropolitan Manila and in
Chartered Cities. such cases shall be commenced only by information, except when the offense cannot
be prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the compliant and of his
witnesses in such number of copies as there are accused plus two (2) copies for the court's files.If this
requirement is not complied with within five (5) days from date of filing, the care may be dismissed.
Sec. 12. Duty of court. (a) If commenced by compliant. On the basis of the compliant and the
affidavits and other evidence accompanying the same, the court may dismiss the case outright for being
patently without basis or merit and order the release of the amused if in custody.
(b) If commenced by information. When the case is commenced by information, or is not
dismissed pursuant to the next preceding paragraph, the court shall issue an order which, together with
copies of the affidavits and other evidence submitted by the prosecution, shall require the accused to
submit his counter-affidavit and the affidavits of his witnesses as well as any evidence in his behalf,
serving copies thereof on the complainant or prosecutor not later than ten (10) days from receipt of said
order. The prosecution may file reply affidavits within ten (10) days after receipt of the counter-
affidavits of the defense.
Sec. 13. Arraignment and trial. Should the court, upon a consideration of the complaint or
information and the affidavits submitted by both parties, find no cause or ground to hold the accused
for trial, it shall order the dismissal of the case; otherwise, the court shall set the case for arraignment
and trial.
If the accused is in custody for the crime charged, he shall be immediately arraigned and if he
enters a plea of guilty, he shall forthwith be sentenced.
Sec. 14. Preliminary conference. Before conducting the trial, the court shall call the parties to a
preliminary conference during which a stipulation of facts may be entered into, or the propriety of
allowing the accused to enter a plea of guilty to a lesser offense may be considered, or such other
187
matters may be taken up to clarify the issues and to ensure a speedy disposition of the case.However,
no admission by the accused shall be used against him unless reduced to writing and signed by the
accused and his counsel.A refusal or failure to stipulate shall not prejudice the accused.
Sec. 15. Procedure of trial. At the trial, the affidavits submitted by the parties shall constitute the
direct testimonies of the witnesses who executed the same. Witnesses who testified may be subjected to
cross-examination, redirect or re-cross examination. Should the affiant fail to testify, his affidavit shall
not be considered as competent evidence for the party presenting the affidavit, but the adverse party
may utilize the same for any admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed to testify unless his affidavit was
previously submitted to the court in accordance with Section 12 hereof.
However, should a party desire to present additional affidavits or counter-affidavits as part of
his direct evidence, he shall so manifest during the preliminary conference, stating the purpose thereof.
If allowed by the court, the additional affidavits of the prosecution or the counter-affidavits of
the defense shall be submitted to the court and served on the adverse party not later than three (3) days
after the termination of the preliminary conference. If the additional affidavits are presented by the
prosecution, the accused may file his counter-affidavits and serve the same on the prosecution within
three (3) days from such service.
Sec. 16. Arrest of accused. The court shall not order the arrest of the accused except for failure to
appear whenever required. Release of the person arrested shall either be on bail or on recognizance by a
responsible citizen acceptable to the court.
Sec. 17. Judgment. Where a trial has been conducted, the court shall promulgate the judgment not
later than thirty (30) days after the termination of trial.
IV. COMMON PROVISIONS
Sec. 18. Referral to Lupon. Cases requiring referral to the Lupon for conciliation under the
provisions of Presidential Decree No. 1508 where there is no showing of compliance with such
requirement, shall be dismissed without prejudice and may be revived only after such requirement shall
have been complied with. This provision shall not apply to criminal cases where the accused was
arrested without a warrant.
Sec. 19. Prohibited pleadings and motions. The following pleadings, motions or petitions shall
not be allowed in the cases covered by this Rule:
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(a) Motion to dismiss the complaint or to quash the complaint or information except on the
ground of lack of jurisdiction over the subject matter, or failure to comply with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other paper; chanrobles
virtual law library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by
the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement; (j) Reply; (k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. The affidavits required to be submitted under this Rule shall state only facts of
direct personal knowledge of the affiants which are admissible in evidence, and shall show their
competence to testify to the matters stated therein.
A violation of this requirement 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. 21. Appeal. The judgment or final order shall be appealable to the appropriate regional trial
court which shall decide the same in accordance with Section 22 of Batas Pambansa Blg. 129. The
decision of the regional trial court in civil cases governed by this Rule, including forcible entry and
unlawful detainer, shall be immediately executory, without prejudice to a further appeal that may be
taken therefrom. Section 10 of Rule 70 shall be deemed repealed.
Sec. 22. Applicability of the regular rules. The regular procedure prescribed in the Rules of Court
shall apply to the special cases herein provided for in a suppletory capacity insofar as they are not
inconsistent herewith.
Sec. 23. Effectivity. This revised Rule on Summary Procedure shall be effective on November 15,
1991.
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2 Barangay conciliation (Katarungang Pambarangay Law and SC Circular NO. 14-93 July
15, 1993)
A. (SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK III, R.A. 7160)

CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -

(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as
the lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20) members.
The lupon shall be constituted every three (3) years in the manner provided herein.
(b) Any person actually residing or working, in the barangay, not otherwise expressly
disqualified by law, and possessing integrity, impartiality, independence of mind, sense of
fairness, and reputation for probity, may be appointed a member of the lupon.
(c) A notice to constitute the lupon, which shall include the names of proposed members who
have expressed their willingness to serve, shall be prepared by the punong barangay within the
first fifteen (15) days from the start of his term of office. Such notice shall be posted in three (3)
conspicuous places in the barangay continuously for a period of not less than three (3) weeks;
(d) The punong barangay, taking into consideration any opposition to the proposed appointment
or any recommendations for appointment as may have been made within the period of posting,
shall within ten (10) days thereafter, appoint as members those whom he determines to be
suitable therefor. Appointments shall be in writing, signed by the punong barangay, and attested
to by the barangay secretary.
(e) The list of appointed members shall be posted in three (3) conspicuous places in the
barangay for the entire duration of their term of office; and
(f) In barangays where majority of the inhabitants are members of indigenous cultural
communities, local systems of settling disputes through their councils of datus or elders shall be
recognized without prejudice to the applicable provisions of this Code.
Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an oath of
office before the punong barangay. He shall hold office until a new lupon is constituted on the third
190
year following his appointment unless sooner terminated by resignation, transfer of residence or place
of work, or withdrawal of appointment by the punong barangay with the concurrence of the majority of
all the members of the lupon.
Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the punong barangay
shall immediately appoint a qualified person who shall hold office only for the unexpired portion of the
term.
Section 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation panels provided herein;
(b) Meet regularly once a month to provide a forum for exchange of ideas among its members
and the public on matters relevant to the amicable settlement of disputes, and to enable various
conciliation panel members to share with one another their observations and experiences in
effecting speedy resolution of disputes; and
(c) Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.
Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently serve as the secretary
of the lupon. He shall record the results of mediation proceedings before the punong barangay and shall
submit a report thereon to the proper city or municipal courts. He shall also receive and keep the
records of proceedings submitted to him by the various conciliation panels.
Section 404. Pangkat ng Tagapagkasundo. -
(a) There shall be constituted for each dispute brought before the lupon a conciliation panel to
be known as the pangkat ng tagapagkasundo, hereinafter referred to as the pangkat, consisting
of three (3) members who shall be chosen by the parties to the dispute from the list of members
of the lupon.
Should the parties fail to agree on the pangkat membership, the same shall be determined by
lots drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat shall elect from among themselves the
chairman and the secretary. The secretary shall prepare the minutes of the pangkat proceedings
and submit a copy duly attested to by the chairman to the lupon secretary and to the proper city
or municipal court. He shall issue and cause to be served notices to the parties concerned.
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The lupon secretary shall issue certified true copies of any public record in his custody that is
not by law otherwise declared confidential.
Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen by the parties to
the dispute from among the other lupon members. Should the parties fail to agree on a common choice,
the vacancy shall be filled by lot to be drawn by the lupon chairman.
Section 406. Character of Office and Service of Lupon Members. -
(a) The lupon members, while in the performance of their official duties or on the occasion
thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code.
(b) The lupon or pangkat members shall serve without compensation, except as provided for in
Section 393 and without prejudice to incentives as provided for in this Section and in Book IV
of this Code. The Department of the Interior and Local Government shall provide for a system
of granting economic or other incentives to the lupon or pangkat members who adequately
demonstrate the ability to judiciously and expeditiously resolve cases referred to them. While in
the performance of their duties, the lupon or pangkat members, whether in public or private
employment, shall be deemed to be on official time, and shall not suffer from any diminution in
compensation or allowance from said employment by reason thereof.
Section 407. Legal Advice on Matters Involving Questions of Law. - The provincial, city legal officer or
prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law
to the punong barangay or any lupon or pangkat member whenever necessary in the exercise of his
functions in the administration of the katarungang pambarangay.
Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon of each barangay
shall have authority to bring together the parties actually residing in the same city or municipality for
amicable settlement of all disputes except:
(a) Where one party is the government, or any subdivision or instrumentality thereof;
(b) Where one party is a public officer or employee, and the dispute relates to the performance
of his official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
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(e) Where the dispute involves real properties located in different cities or municipalities unless
the parties thereto agree to submit their differences to amicable settlement by an appropriate
lupon;
(f) Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties thereto agree
to submit their differences to amicable settlement by an appropriate lupon;
(g) Such other classes of disputes which the President may determine in the interest of Justice or
upon the recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within the authority of the lupon under this
Code are filed may, at any time before trial motu propio refer the case to the lupon concerned
for amicable settlement.
Section 409. Venue. -
(a) Disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the lupon of said barangay.
(b) Those involving actual residents of different barangays within the same city or municipality
shall be brought in the barangay where the respondent or any of the respondents actually
resides, at the election of the complaint.
(c) All disputes involving real property or any interest therein shall be brought in the barangay
where the real property or the larger portion thereof is situated.
(d) Those arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled for study, shall be brought in the barangay where
such workplace or institution is located.
Objections to venue shall be raised in the mediation proceedings before the punong barangay;
otherwise, the same shall be deemed waived. Any legal question which may confront the
punong barangay in resolving objections to venue herein referred to may be submitted to the
Secretary of Justice, or his duly designated representative, whose ruling thereon shall be
binding.
Section 410. Procedure for Amicable Settlement. -
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(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual
who has a cause of action against another individual involving any matter within the authority
of the lupon may complain, orally or in writing, to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall
within the next working day summon the respondent(s), with notice to the complainant(s) for
them and their witnesses to appear before him for a mediation of their conflicting interests. If he
fails in his mediation effort within fifteen (15) days from the first meeting of the parties before
him, he shall forthwith set a date for the constitution of the pangkat in accordance with the
provisions of this Chapter.
(c) Suspension of prescriptive period of offenses - While the dispute is under mediation,
conciliation, or arbitration, the prescriptive periods for offenses and cause of action under
existing laws shall be interrupted upon filing the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt by the complainant of the complainant or the
certificate of repudiation or of the certification to file action issued by the lupon or pangkat
secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the
filing of the complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not
later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to
hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable
settlement. For this purpose, the pangkat may issue summons for the personal appearance of
parties and witnesses before it. In the event that a party moves to disqualify any member of the
pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after
the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the
majority of the pangkat whose decision shall be final. Should disqualification be decided upon,
the resulting vacancy shall be filled as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the
dispute within fifteen (15) days from the day it convenes in accordance with this section. This
period shall, at the discretion of the pangkat, be extendible for another period which shall not
exceed fifteen (15) days, except in clearly meritorious cases.
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Section 411. Form of settlement. - All amicable settlements shall be in writing, in a language or dialect
known to the parties, signed by them, and attested to by the lupon chairman or the pangkat chairman, as
the case may be. When the parties to the dispute do not use the same language or dialect, the settlement
shall be written in the language known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or
proceeding involving any matter within the authority of the lupon shall be filed or instituted
directly in court or any other government office for adjudication, unless there has been a
confrontation between the parties before the lupon chairman or the pangkat, and that no
conciliation or settlement has been reached as certified by the lupon secretary or pangkat
secretary as attested to by the lupon or pangkat chairman or unless the settlement has been
repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal liberty calling for habeas
corpus proceedings;
(3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute of limitations.
(c) Conciliation among members of indigenous cultural communities. - The customs and
traditions of indigenous cultural communities shall be applied in settling disputes between
members of the cultural communities.
Section 413. Arbitration. -
(a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by the
arbitration award of the lupon chairman or the pangkat. Such agreement to arbitrate may be
repudiated within five (5) days from the date thereof for the same grounds and in accordance
with the procedure hereinafter prescribed. The arbitration award shall be made after the lapse of
the period for repudiation and within ten (10) days thereafter.
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(b) The arbitration award shall be in writing in a language or dialect known to the parties. When
the parties to the dispute do not use the same language or dialect, the award shall be written in
the language or dialect known to them.
Section 414. Proceedings Open to the Public; Exception. - All proceedings for settlement shall be
public and informal: Provided, however, That the lupon chairman or the pangkat chairman, as the case
may be, may motu proprio or upon request of a party, exclude the public from the proceedings in the
interest of privacy, decency, or public morals.
Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the
parties must appear in person without the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not lawyers.
Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable settlement and
arbitration award shall have the force and effect of a final judgment of a court upon the expiration of
ten (10) days from the date thereof, unless repudiation of the settlement has been made or a petition to
nullify the award has been filed before the proper city or municipal court.
However, this provision shall not apply to court cases settled by the lupon under the last paragraph of
Section 408 of this Code, in which case the compromise or the pangkat chairman shall be submitted to
the court and upon approval thereof, have the force and effect of a judgment of said court.
Section 417. Execution. - The amicable settlement or arbitration award may be enforced by execution
by the lupon within six (6) months from the date of the settlement. After the lapse of such time, the
settlement may be enforced by action in the appropriate city or municipal court.
Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from the date of the
settlement, repudiate the same by filing with the lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification for filing a complaint as hereinabove provided.
Section 419. Transmittal of Settlement and Arbitration. - Award to the Court. - The secretary of the
lupon shall transmit the settlement or the arbitration award to the appropriate city or municipal court
within five (5) days from the date of the award or from the lapse of the ten-day period repudiating the
settlement and shall furnish copies thereof to each of the parties to the settlement and the lupon
chairman.
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Section 420. Power to Administer Oaths. - The punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat are hereby authorized to administer oaths in connection
with any matter relating to all proceedings in the implementation of the katarungang pambarangay.
Section 421. Administration; Rules and Regulations. - The city or municipal mayor, as the case may
be, shall see to the efficient and effective implementation and administration of the katarungang
pambarangay. The Secretary of Justice shall promulgate the rules and regulations necessary to
implement this Chapter.
Section 422. Appropriations. - Such amount as may be necessary for the effective implementation of
the katarungang pambarangay shall be provided for in the annual budget of the city or municipality
concerned.
B. Supreme Court CIRCULAR NO. 14-93 July 15, 1993
TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION

PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG
PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK III, R.A. 7160.
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991).
The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise known as the local
Government Code of 1991, effective on January 1, 1992, and which repealed P.D. 1508, introduced
substantial changes not only in the authority granted to the Lupong Tagapamayapa but also in the
procedure to be observed in the settlement of disputes within the authority of the Lupon.
In order that the laudable purpose of the law may not be subverted and its effectiveness
undermined by indiscriminate, improper and/or premature issuance of certifications to file actions in
court by the Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the
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following guidelines are hereby issued for the information of trial court judges in cases brought before
them coming from the Barangays:
I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang
Pambarangay Law (formerly P.D. 1508, repealed and now replaced by Secs. 399-422, Chapter VII,
Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as the Local Government
Code of 1991), and prior recourse thereto is a pre-condition before filing a complaint in court or any
government offices, except in the following disputes:
1. Where one party is the government, or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
3. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to amicable
settlement by an appropriate Lupon;
4. Any complaint by or against corporations, partnership or juridical entities, since only

individuals shall be parties to Barangay conciliation proceedings either as complainants
or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);
5. Disputes involving parties who actually reside in barangays of different cities or

municipalities, except where such barangay units adjoin each other and the parties
thereto agree to submit their differences to amicable settlement by an appropriate Lupon;
6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding
one (1) year or a fine over five thousand pesos (P5,000.00);
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
a. Criminal cases where accused is under police custody or detention (see

Sec. 412 (b) (1), Revised Katarungang Pambarangay Law);
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b. Petitions for habeas corpus by a person illegally deprived of his

rightful custody over another or a person illegally deprived or on acting in
his behalf;
c. Actions coupled with provisional remedies such as preliminary

injunction, attachment, delivery of personal property and support during
the pendency of the action; and
d. Actions which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in the interest of justice or
upon the recommendation of the Secretary of Justice;
10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL)
(Sec. 46 & 47, R.A. 6657);
11. Labor disputes or controversies arising from employer-employee relations (Montoya

vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants
original and exclusive jurisdiction over conciliation and mediation of disputes,
grievances or problems to certain offices of the Department of Labor and Employment);
12. Actions to annul judgment upon a compromise which may be filed directly in court
(See Sanchez vs. Tupaz, 158 SCRA 459).
II. Under the provisions of R.A. 7160 on Katarungang Pambarangay conciliation, as implemented
by the Katarungang Pambarangay Rules and Regulations promulgated by the Secretary of Justice, the
certification for filing a complaint in court or any government office shall be issued by Barangay
authorities only upon compliance with the following requirements:
1. Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong
Barangay), certifying that a confrontation of the parties has taken place and that a
conciliation settlement has been reached, but the same has been subsequently repudiated
(Sec. 412, Revised Katarungang Pambarangay Law; Sec. 2[h], Rule III, Katarungang
Pambarangay Rules);
2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, certifying that:
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a. a confrontation of the parties took place but no conciliation/settlement

has been reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules; or
b. that no personal confrontation took place before the Pangkat through

no fault of the complainant (Sec. 4[f], Rule III, Katarungang
Pambarangay Rules).
3. Issued by the Punong Barangay, as requested by the proper party on the ground of
failure of settlement where the dispute involves members of the same indigenous
cultural community, which shall be settled in accordance with the customs and traditions
of that particular cultural community, or where one or more of the parties to the
aforesaid dispute belong to the minority and the parties mutually agreed to submit their
dispute to the indigenous system of amicable settlement, and there has been no
settlement as certified by the datu or tribal leader or elder to the Punong Barangay of
place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang Pambarangay Rules); and
4. If mediation or conciliation efforts before the Punong Barangay proved unsuccessful,

there having been no agreement to arbitrate (Sec. 410 [b], Revised Katarungang
Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang Pambarangay Rules), or where
the respondent fails to appear at the mediation proceeding before the Punong Barangay
(3rd par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules), the Punong Barangay
shall not cause the issuance at this stage of a certification to file action, because it is now
mandatory for him to constitute the Pangkat before whom mediation, conciliation, or
arbitration proceedings shall be held.
III. All complaints and/or informations filed or raffled to your sala/branch of the Regional Trial
Court shall be carefully read and scrutinized to determine if there has been compliance with prior
Barangay conciliation procedure under the Revised Katarungang Pambarangay Law and its
Implementing Rules and Regulations, as a pre-condition to judicial action, particularly whether the
certification to file action attached to the records of the case comply with the requirements hereinabove
enumerated in par. II;
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IV. A case filed in court without compliance with prior Barangay conciliation which is a pre-
condition for formal adjudication (Sec. 412 [a] of the Revised Katarungang Pambarangay Law) may be
dismissed upon motion of defendant/s, not for lack of jurisdiction of the court but for failure to state a
cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or
the court may suspend proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules of
Court; and refer the case motu proprio to the appropriate Barangay authority, applying by analogy Sec.
408 [g], 2nd par., of the Revised Katarungang Pambarangay Law which reads as follows:
The court in which non-criminal cases not falling within the authority of the Lupon
under this Code are filed may at any time before trial, motu proprio refer case to the
Lupon concerned for amicable settlement.
Strict observance of these guidelines is enjoined. This Administrative Circular shall be effective
immediately.
Manila, Philippines. July 15, 1993.
(Sgd.) ANDRES R. NARVASA

Chief Justice
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3 Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC As Amended)
RE: THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES
RESO LUTION
Acting on the recommendation of the Chairperson, Technical Working Group, Committee on

Revision of the Rules of Court, submitting for the consideration and approval of the Court the proposed
"The Rule of Procedure for Small Claims Cases," the Court Resolved to APPROVE the same.
The Rule shall take effect on October 01, 2008 following its publication two (2) newspaper of
general circulation. (Took Effect on September 9, 2008)
Section 1. Title. - This Rule shall be known as " The Rule of Procedure for Small Claims Cases."
Section 2. Scope. - This Rule shall govern the procedure in actions before the Metropolitan trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for
payment of money where the value of the claim does not exceed One Hundred Thousand Pesos
(P100,000.00) exclusive of interest and costs.
Section 3. Definiton of Terms. - For purposes of this Rule:
(a) Plaintiff - refers to the party who initiated a small claims action. The term includes a
defendant who has filed a counterclaim against plainfill;
(b) Defendant - is the party against whom the plaintiff has filed a small claims action. The term
includes a plaintiff against whom a defendant has filed a claim, or a person who replies to the
claim;
(c) Person - is an individual, corporation, partnership, limited liability partnership, association,

or other juridical entity endowed with personality by law;
(d) Individual - is a natural person;
(e) Motion - means a party's request, written or oral, to the court for an orderaction. It shall
include an informal written request to the court, such as a letter;
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(f) Good cause - means circumtances sufficient to justify the requested order or other action, as
determined by the judge; and
(g) Affidavit - means a written statement or declaration of facts that are shown or affirmed to be
true.
Section 4. Applicability - The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are; (a)
purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or
reimbursement of sum of money, and (b) the civil aspect of criminal action, or reserved upon the filing
of the criminal action in court, pursuant to Rule of 111 of the Revised Rules of Criminal Procedure.
These claims or demands may be;
(a) For money owned under any of the following;
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the following;
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
(c) The enforcement of a barangay amicable settlement or an arbitration award involving a

money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known
as the Local Government Code of 1991.
Section 5. Commencement of Small Claims Action. - A small claims action is commenced by filing
with the court an accomplished and verified Statement of Claim (Form 1 - SCC) in duplicate,
accompanied by a Certification of Non-forum Shopping (Form 1-A,SCC), and two (2) duly certified
203
photocopies of the actionable document/s subjects of the claim, as well as the affidavits of witnesses
and other evidence to support the claim. No evidence shall be allowed during the hearing which was
not attached to or submitted together with the Claim, unless good cause is shown for the admission of
additional evidence.
No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a
small claims action.
Section 6. Joinder of Claims - Plaintiff may join in a single statement of claim one or more separate
small claims against a defendant provided that the total amount claimed, exclusive of interest and costs,
does not exceed P100,00.00.
Section 7. Affidavits - The affidavits submitted under this Rule shall state only facts of direct personal
knowledge of the affiants which are admissible in evidence.
A violation of this requirement shall subject the party, and the counsel who assisted the party in the
preparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible affidavit(s) or
portion(s) thereof shall be expunged from the record.
Section 8. Payment of Filing Fees. - The plaintiff shall pay the docket and other legal fees prescribed
under Rule 141 of the Revised Rules of Court, unless allowed to litigate as an indigent.
A claim filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the Executive Judge
for immediate action in case of multi-sala courts, or to the Presiding Judge of the court hearing the
small claims case. If the motion is granted by the Executive Judge, the case shall be raffled off or
assigned to the court designated to hear small claims cases. If the motion is denied, the plaintiff shall be
given five (5) days within which to pay the docket fees, otherwise, the case shall be dismissed without
prejudice. In no case shall a party, even if declared an indigent, be exempt from the payment of the
P1,000.00 fee for service of summons and processes in civil cases.
Section 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 and such evidence attached
thereto, by itself, dismiss the case outright of any of the grounds apparent from the Claim for the
dismissal of a civil action.
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Section 10. Summons and Notice of Hearing - If no ground for dismissal is found, the court shall
forthwith issue Summons (Form 2-SCC) on the day of receipt of the Statement of Claim, directing the
defendant to submit a verified Response.
The court shall also issue a Notice (Form 4-SCC) to both parties, directing them to appear before it on a
specific date and time for hearing, with a warning that no unjustified postponement shall be allowed, as
provided in Section 19 of this Rule.
The summons and notice to be served on the defendant shall be accompanied by a copy of the
Statement of Claim and documents submitted by plaintiff, and a copy of the Response (Form 3-SCC) to
be accomplished by the defendant. The Notice shall contain an express prohibition against the filing of
a motion to dismiss or any other motion under Section 14 of this Rule.
Section 11. Response - The defendant shall file with the court and serve on the plaintiff a duly
accomplished and verified Response within a non - extendible period of ten (10) days from receipt of
summons. The Response shall be accompanied by certified photocopies of documents, as well as
affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the
hearing which was not attached to or submitted together with the Response, unless good cause is shown
for the admission of additional evidence.
Section 12. Effect of Failure to File Response - Should the defendant fail to file his response within the
required period, the court by itself shall render judgement as may be warranted by the facts alleged in
the Statement of claim limited to what is prayed for. The court however, may, in its discretion, reduce
the amount of damages for being excessive or unconscionable
Section 13. 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 response;
otherwise, the defendant shall be barred from suit on the counterclaim.
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The defendant may also elect to the 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 the other legal fees are paid.
Section 14. Prohibited Pleadings and Motions - The following pleadings, motions, and petitions shall
(a) Motion to dismiss the compliant except on the ground of lack of jurisdiction;
(c) Motion for new trial, or for reconsideration of a judgement, or for reopening of trial;
(d) Petiton for relief from judgement;
(e) Motion for extension of time to file pleadings, affidavits, or any other paper;
(f) Memoranda;
the court;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints; and
(l) Interventions.
Section 15. Availability of Forms; Assistance by Court Personnel. - The Clerk of Court or other
personnel shall provide such assistance as may be requested by a plaintiff or a defendant regarding the
availability of forms and other information about the coverage, requirements as well as procedure for
small claims cases.
Section 16. Appearance. - the parties shall appear at the designated date of hearing personally or
through a representative authorized under a Special Power of Attorney (Form 5-SCC ) to enter into an
amicable settlement, to submit of Judicial Dispute Resolution (JDR) and to enter into stipulations or
admissions of facts and of documentary exhibits
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Section 17. 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 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.
Section 18. Non-appearance of Parties. - Failure of the plaintiff to appear shall be cause for the
dismissal of the claim without prejudice. The defendant who appears shall be entitled to judgement on
a permissive counterclaim.
Failure of the defendant to appear shall have the same effect as failure to file a Response under Section
12 of this Rule. This shall not apply where one of two or more defendants who are sued under 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 claim and
counterclaim.
Section 19. 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.
Section 20. 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.
Section 21. Judicial Dispute Resolution. - At the hearing, the judge shall conduct Judicial Dispute
Resolution (JDR) through mediation, conciliation, early neutral evaluation, or any other mode of JDR.
Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of the dispute shall be reduced into writing,
signed by the parties and submitted to the court for approval (Form 12-SCC).
Section 22. Failure of JDR. - If JDR fails and the parties agree in writing (Form 10-SCC) that the
hearing of the case shall be presided over by the judge who conducted the JDR, the hearing shall so
proceed in an informal and expeditious manner and terminated within one (1) day.
Absent such agreement, (a) in case of a multi-sala court , the case shall, on the same day, be
transmitted (Form 11-SCC) to the Office of the Clerk of Court for immediate referral by the Executive
207
Judge to the pairing judge for hearing and decision within five (5) working days from referral; and (b)
in case of single sala court, the pairing judge shall hear and decide the case in the court of origin within
five (5) working days from referral by the JDR judge.
Section 23. Decision. - After the hearing, the court shall render its decision on the same day, based on
the facts established by the evidence (Form 13-SCC). 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 and unappealable.
Section 24. Execution. - If the decision is rendered in favor of the plaintiff, execution shall issue upon
motion (Form 9-SCC).
Section 25. Applicability. of the Rules of Civil Procedure - The Rules of Civil procedure shall apply
suppletorily insofar as they are not inconsistent with this rule.
Section 26. Effectivity. - This Rule shall take effect on October 01, 2008 for the pilot courts designated
to apply the procedure for small claims cases following its publication in two newspaper of general
circulation.
A.M. No. 08-8-7-SC
THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES
RESOLUTION
Pursuant to the action of the Court en banc in its session held on October 27, 2009, Sections 11, 12, 14,
16, 21, and 22 of the Rule of Procedure for Small Claims Cases, including the attached Forms, are
AMENDED to read as follows:
Section 11. Response. - The defendant shall file with the court and serve on the plaintiff a duly
accomplished and verified Response within a non-extendible period of ten (10) days from receipt of
summons. The Response shall be accompanied by certified photocopies of documents, as well as
affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the
hearing which was not attached to or submitted together with the Response, unless good cause is shown
for the admission of additional evidence.
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THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE 16 OF THE RULES
OF COURT, SHOULD BE PLEADED.
Section 12. Effect of Failure to File Response. - Should the defendant fail to file his Response within
the required period, AND LIKEWISE FAIL TO APPEAR AT THE DATE SET FOR HEARING,
THE COURT SHALL RENDER JUDGMENT ON THE SAME DAY, AS MAY BE
WARRANTED BY THE FACTS.
SHOULD THE DEFENDANT FAIL TO FILE RESPONSE WITHIN THE REQUIRED

PERIOD BUT APPEARS AT THE DATE SET FOR HEARING, THE COURT SHALL
ASCERTAIN WHAT DEFENSE HE HAS TO OFFER AND PROCEED TO HEAR, MEDIATE
OR ADJUDICATE THE CASE ON THE SAME DAY AS IF A RESPONSE HAS BEEN FILED.
Section 14. Prohibited Pleadings and Motions. - The following pleadings, motions, or petitions shall
(a) MOTION TO DISMISS THE COMPLAINT;
(c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits, or any other paper;
(f) Memoranda;
the court;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints; and
(l) Interventions.
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Section 16. Appearance .- The parties shall appear at thedesignated date of hearing personally.
APPEARANCE THROUGH A REPRESENTATIVE MUST BE FOR A VALID CAUSE.

THE REPRESENTATIVE OF AN INDIVIDUAL-PARTY MUST NOT BE A LAWYER,
AND MUST BE RELATED TO OR NEXT-OF-SKIN OF THE INDIVIDUAL-PARTY.
JURIDICAL ENTITIES SHALL NOT BE REPRESENTED BY A LAWYER IN ANY
CAPACITY.
THE REPRESENTATIVE MUST BE authorized under a Special Power of Attorney ( Form 5-SCC )
to enter into an amicable SETTLEMENT OF THE DISPUTE and to enter into stipulations or
admissions of facts and of documentary exhibits.
Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTS TO BRING THE
PARTIES TO AN AMICABLE SETTLEMENT OF THEIR DISPUTE. Any settlement ( Form 7-
SCC ) or resolution ( Form 8-SCC ) of the dispute shall be reduced into writing, signed by the parties
and submitted to the court for approval ( Form 12-SCC ).
SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL AND ANY

REFERENCE TO ANY SETTLEMENT MADE IN THE COURSE OF SUCH DISCUSSIONS
SHALL BE PUNISHABLE BY CONTEMPT.
Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT FAIL, the hearing shall
proceed in an informal and expenditious manner and BE terminated within one (1) day. EITHER
PARTY MAY MOVE IN WRITING ( FORM 10-SCC ) TO HAVE ANOTHER JUDGE HEAR
AND DECIDE THE CASE. THE REASSIGNMENT WITH EXISTING ISSUANCES.
THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUGDE SHALL BE

MADE WITHIN THE SAME DAY THE MOTION IS FILED AND GRANTED, AND BY THE
EXECUTIVE JUDGE TO THE DESIGNATED JUDGE WITHIN THA SAME DAY OF THE
REFERRAL. THE NEW JUDGE SHALL HEAR AND DECIDE THE CASE WITHIN FIVE (5)
WORKING DAYS FROM RECEIPT OF THE ORDER OF REASIGNMENT.
The amendments of the Rule shall take effect on November 3, 2009 following its publication in
two (2) newspapers of general circulation.
October 27, 2009
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4 Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

RESOLUTION
Acting on the recommendation of the Chairperson of the Sub-committee on the Rules of

Procedure for Environmental Cases submitting for this Courts consideration and approval the proposed
Rules of Procedure for Environmental Cases, the Court Resolved to APPROVE the same.
These Rules shall take effect within fifteen (15) days following its publication once in a newspaper of
general circulation. (Took Effect April 13, 2010).
PART I
RULE 1-GENERAL PROVISIONS
Section 1. Title. These Rules shall be known as "The Rules of Procedure for Environmental Cases."
Section 2. Scope. These Rules shall govern the procedure in civil, criminal and special civil actions
before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial Courts involving enforcement or violations of
environmental and other related laws, rules and regulations such as but not limited to the following:
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees;
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
(e) P.D. No. 1067, Water Code;
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental Impact Statement System Including Other
Environmental Management Related Measures and for Other Purposes;
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(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or
Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in
Plazas, Parks, School Premises or in any Other Public Ground;
(j) R.A. No. 4850, Laguna Lake Development Authority Act;
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
(l) R.A. No. 7076, Peoples Small-Scale Mining Act;
(m) R.A. No. 7586, National Integrated Protected Areas System Act including all laws, decrees,
orders, proclamations and issuances establishing protected areas;
(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;
(o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(q) R.A. No. 8550, Philippine Fisheries Code;
(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste Management Act;
(t) R.A. No. 9072, National Caves and Cave Resource Management Act;
(u) R.A. No. 9147, Wildlife Conservation and Protection Act;
(v) R.A. No. 9175, Chainsaw Act;
(w) R.A. No. 9275, Clean Water Act;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, Comprehensive Agrarian
Reform Law of 1988; R.A. No. 7160, Local Government Code of 1991; R.A. No. 7161, Tax
Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the
NIRC); R.A. No. 7308, Seed Industry Development Act of 1992; R.A. No. 7900, High-Value
Crops Development
Rules of Procedure for Environmental Cases Act; R.A. No. 8048, Coconut Preservation Act; R.A.
No. 8435, Agriculture and Fisheries Modernization Act of 1997; R.A. No. 9522, The Philippine
Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008; R.A. No. 9637,
Philippine Biofuels Act; and other existing laws that relate to the conservation, development,
preservation, protection and utilization of the environment and natural resources.
Section 3. Objectives. - The objectives of these Rules are:
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(a) To protect and advance the constitutional right of the people to a balanced and healthful
ecology;
(b) To provide a simplified, speedy and inexpensive procedure for the enforcement of
environmental rights and duties recognized under the Constitution, existing laws, rules and
regulations, and international agreements;
(c) To introduce and adopt innovations and best practices ensuring the effective enforcement of
remedies and redress for violation of environmental laws; and
(d) To enable the courts to monitor and exact compliance with orders and judgments in
environmental cases.
Section 4. Definition of Terms. -
(a) By-product or derivatives means any part taken or substance extracted from wildlife, in raw
or in processed form including stuffed animals and herbarium specimens. 1avvphi1
(b) Consent decree refers to a judicially-approved settlement between concerned parties based
on public interest and public policy to protect and preserve the environment.
(c) Continuing mandamus is a writ issued by a court in an environmental case directing any
agency or instrumentality of the government or officer thereof to perform an act or series of acts
decreed by final judgment which shall remain effective until judgment is fully satisfied.
(d) Environmental protection order (EPO) refers to an order issued by the court directing or
enjoining any person or government agency to perform or desist from performing an act in
order to protect, preserve or rehabilitate the environment.
(e) Mineral refers to all naturally occurring inorganic substance in solid, gas, liquid, or any
intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive
materials and geothermal energy.
(f) Precautionary principle states that when human activities may lead to threats of serious and
irreversible damage to the environment that is scientifically plausible but uncertain, actions
shall be taken to avoid or diminish that threat.
(g) Strategic lawsuit against public participation (SLAPP) refers to an action whether civil,
criminal or administrative, brought against any person, institution or any government agency or
local government unit or its officials and employees, with the intent to harass, vex, exert undue
pressure or stifle any legal recourse that such person, institution or government agency has
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taken or may take in the enforcement of environmental laws, protection of the environment or
assertion of environmental rights.
(h) Wildlife means wild forms and varieties of flora and fauna, in all developmental stages
including those which are in captivity or are being bred or propagated.
PART II-CIVIL PROCEDURE
RULE 2-PLEADINGS AND PARTIES

Section 1. Pleadings and motions allowed. The pleadings and motions that may be filed are
complaint, answer which may include compulsory counterclaim and cross-claim, motion for
intervention, motion for discovery and motion for reconsideration of the judgment.
Motion for postponement, motion for new trial and petition for relief from judgment shall be
allowed in highly meritorious cases or to prevent a manifest miscarriage of justice.
Section 2. Prohibited pleadings or motions. The following pleadings or motions shall not be
allowed:
(a) Motion to dismiss the complaint;
(c) Motion for extension of time to file pleadings, except to file answer, the extension not to
exceed fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint.
Section 3. Verified complaint. The verified complaint shall contain the names of the parties, their
addresses, the cause of action and the reliefs prayed for.
The plaintiff shall attach to the verified complaint all evidence proving or supporting the cause
of action consisting of the affidavits of witnesses, documentary evidence and if possible, object
evidence. The affidavits shall be in question and answer form and shall comply with the rules of
admissibility of evidence.
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The complaint shall state that it is an environmental case and the law involved. The complaint
shall also include a certification against forum shopping. If the complaint is not an environmental
complaint, the presiding judge shall refer it to the executive judge for re-raffle.
Section 4. Who may file. Any real party in interest, including the government and juridical entities
authorized by law, may file a civil action involving the enforcement or violation of any environmental
law.
Section 5. Citizen suit. Any Filipino citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce rights or obligations under environmental laws.
Upon the filing of a citizen suit, the court shall issue an order which shall contain a brief description of
the cause of action and the reliefs prayed for, requiring all interested parties to manifest their interest to
intervene in the case within fifteen (15) days from notice thereof. The plaintiff may publish the order
once in a newspaper of a general circulation in the Philippines or furnish all affected barangays copies
of said order.
Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be governed by their respective
provisions.
Section 6. Service of the complaint on the government or its agencies. - Upon the filing of the
complaint, the plaintiff is required to furnish the government or the appropriate agency, although not a
party, a copy of the complaint. Proof of service upon the government or the appropriate agency shall be
attached to the complaint.
Section 7. Assignment by raffle. - If there is only one (1) designated branch in a multiple-sala court, the
executive judge shall immediately refer the case to said branch. If there are two (2) or more designated
branches, the executive judge shall conduct a special raffle on the day the complaint is filed.
Section 8. Issuance of Temporary Environmental Protection Order (TEPO). - If it appears from the
verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the
matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the
executive judge of the multiple-sala court before raffle or the presiding judge of a single-sala court as
the case may be, may issue ex parte a TEPO effective for only seventy-two (72) hours from date of the
receipt of the TEPO by the party or person enjoined. Within said period, the court where the case is
assigned, shall conduct a summary hearing to determine whether the TEPO may be extended until the
termination of the case.
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The court where the case is assigned, shall periodically monitor the existence of acts that are the
subject matter of the TEPO even if issued by the executive judge, and may lift the same at any time as
circumstances may warrant.
The applicant shall be exempted from the posting of a bond for the issuance of a TEPO.
Section 9. Action on motion for dissolution of TEPO. - The grounds for motion to dissolve a TEPO
shall be supported by affidavits of the party or person enjoined which the applicant may oppose, also
by affidavits.
The TEPO may be dissolved if it appears after hearing that its issuance or continuance would
cause irreparable damage to the party or person enjoined while the applicant may be fully compensated
for such damages as he may suffer and subject to the posting of a sufficient bond by the party or person
enjoined.
Section 10. Prohibition against temporary restraining order (TRO) and preliminary injunction. -
Except the Supreme Court, no court can issue a TRO or writ of preliminary injunction against lawful
actions of government agencies that enforce environmental laws or prevent violations thereof.
Section 11. Report on TEPO, EPO, TRO or preliminary injunction. - The judge shall report any action
taken on a TEPO, EPO, TRO or a preliminary injunction, including its modification and dissolution, to
the Supreme Court, through the Office of the Court Administrator, within ten (10) days from the action
taken.
Section 12. Payment of filing and other legal fees. - The payment of filing and other legal fees by the
plaintiff shall be deferred until after judgment unless the plaintiff is allowed to litigate as an indigent. It
shall constitute a first lien on the judgment award.
For a citizen suit, the court shall defer the payment of filing and other legal fees that shall serve
as first lien on the judgment award.
Section 13. Service of summons, orders and other court processes. - The summons, orders and other
court processes may be served by the sheriff, his deputy or other proper court officer or for justifiable
reasons, by the counsel or representative of the plaintiff or any suitable person authorized or deputized
by the court issuing the summons.
Any private person who is authorized or deputized by the court to serve summons, orders and
other court processes shall for that purpose be considered an officer of the court.
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The summons shall be served on the defendant, together with a copy of an order informing all
parties that they have fifteen (15) days from the filing of an answer, within which to avail of
interrogatories to parties under Rule 25 of the Rules of Court and request for admission by adverse
party under Rule 26, or at their discretion, make use of depositions under Rule 23 or other measures
under Rules 27 and 28.
Should personal and substituted service fail, summons by publication shall be allowed. In the
case of juridical entities, summons by publication shall be done by indicating the names of the officers
or their duly authorized representatives.
Section 14. Verified answer. - Within fifteen (15) days from receipt of summons, the defendant shall
file a verified answer to the complaint and serve a copy thereof on the plaintiff. The defendant shall
attach affidavits of witnesses, reports, studies of experts and all evidence in support of the defense.
Affirmative and special defenses not pleaded shall be deemed waived, except lack of
jurisdiction.
Cross-claims and compulsory counterclaims not asserted shall be considered barred. The answer
to counterclaims or cross-claims shall be filed and served within ten (10) days from service of the
answer in which they are pleaded.
Section 15. Effect of failure to answer. - Should the defendant fail to answer the complaint within the
period provided, the court shall declare defendant in default and upon motion of the plaintiff, shall
receive evidence ex parte and render judgment based thereon and the reliefs prayed for.
RULE 3-PRE-TRIAL
Section 1. Notice of pre-trial. - Within two (2) days from the filing of the answer to the counterclaim or
cross-claim, if any, the branch clerk of court shall issue a notice of the pre-trial to be held not later than
one (1) month from the filing of the last pleading.
The court shall schedule the pre-trial and set as many pre-trial conferences as may be necessary within
a period of two (2) months counted from the date of the first pre-trial conference.
Section 2. Pre-trial brief. - At least three (3) days before the pretrial, the parties shall submit pre-trial
briefs containing the following:
(a) A statement of their willingness to enter into an amicable settlement indicating the desired
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(b) A summary of admitted facts and proposed stipulation of facts;

(c) The legal and factual issues to be tried or resolved. For each factual issue, the parties shall
state all evidence to support their positions thereon. For each legal issue, parties shall state the
applicable law and jurisprudence supporting their respective positions thereon;
(d) The documents or exhibits to be presented, including depositions, answers to interrogatories
and answers to written request for admission by adverse party, stating the purpose thereof;
(e) A manifestation of their having availed of discovery procedures or their intention to avail
themselves of referral to a commissioner or panel of experts;
(f) The number and names of the witnesses and the substance of their affidavits;
(g) Clarificatory questions from the parties; and
(h) List of cases arising out of the same facts pending before other courts or administrative
agencies. Failure to comply with the required contents of a pre-trial brief may be a ground for
contempt.
Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.
Section 3. Referral to mediation. - At the start of the pre-trial conference, the court shall inquire from
the parties if they have settled the dispute; otherwise, the court shall immediately refer the parties or
their counsel, if authorized by their clients, to the Philippine Mediation Center (PMC) unit for purposes
of mediation. If not available, the court shall refer the case to the clerk of court or legal researcher for
mediation.
Mediation must be conducted within a non-extendible period of thirty (30) days from receipt of notice
of referral to mediation.
The mediation report must be submitted within ten (10) days from the expiration of the 30-day period.
Section 4. Preliminary conference. - If mediation fails, the court will schedule the continuance of the
pre-trial. Before the scheduled date of continuance, the court may refer the case to the branch clerk of
court for a preliminary conference for the following purposes:
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be presented by the parties and copies thereof to be
attached to the records after comparison with the originals;
(c) To ascertain from the parties the undisputed facts and admissions on the genuineness and
due execution of the documents marked as exhibits;
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(d) To require the parties to submit the depositions taken under Rule 23 of the Rules of Court,
the answers to written interrogatories under Rule 25, and the answers to request for admissions
by the adverse party under Rule 26;
(e) To require the production of documents or things requested by a party under Rule 27 and the
results of the physical and mental examination of persons under Rule 28;
(f) To consider such other matters as may aid in its prompt disposition;
(g) To record the proceedings in the "Minutes of Preliminary Conference" to be signed by both
parties or their counsels;
(h) To mark the affidavits of witnesses which shall be in question and answer form and shall
constitute the direct examination of the witnesses; and
(i) To attach the minutes together with the marked exhibits before the pre-trial proper.
The parties or their counsel must submit to the branch clerk of court the names, addresses and contact
numbers of the affiants.
During the preliminary conference, the branch clerk of court shall also require the parties to submit the
depositions taken under Rule 23 of the Rules of Court, the answers to written interrogatories under
Rule 25 and the answers to request for admissions by the adverse party under Rule 26. The branch
clerk of court may also require the production of documents or things requested by a party under Rule
27 and the results of the physical and mental examination of persons under Rule 28.
Section 5. Pre-trial conference; consent decree. - The judge shall put the parties and their counsels
under oath, and they shall remain under oath in all pre-trial conferences.
The judge shall exert best efforts to persuade the parties to arrive at a settlement of the dispute. The
judge may issue a consent decree approving the agreement between the parties in accordance with law,
morals, public order and public policy to protect the right of the people to a balanced and healthful
ecology.
Evidence not presented during the pre-trial, except newly-discovered evidence, shall be deemed
waived.
Section 6. Failure to settle. - If there is no full settlement, the judge shall:
(a) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings and
confirm the markings of exhibits or substituted photocopies and admissions on the genuineness
and due execution of documents;
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(b) Determine if there are cases arising out of the same facts pending before other courts and
(c) Determine if the pleadings are in order and if not, order the amendments if necessary;
(d) Determine if interlocutory issues are involved and resolve the same;
(e) Consider the adding or dropping of parties;
(f) Scrutinize every single allegation of the complaint, answer and other pleadings and
attachments thereto, and the contents of documents and all other evidence identified and pre-
marked during pre-trial in determining further admissions;
(g) Obtain admissions based on the affidavits of witnesses and evidence attached to the
pleadings or submitted during pre-trial;
(h) Define and simplify the factual and legal issues arising from the pleadings and evidence.
Uncontroverted issues and frivolous claims or defenses should be eliminated;
(i) Discuss the propriety of rendering a summary judgment or a judgment based on the
pleadings, evidence and admissions made during pre-trial;
(j) Observe the Most Important Witness Rule in limiting the number of witnesses, determining
the facts to be proved by each witness and fixing the approximate number of hours per witness;
(k) Encourage referral of the case to a trial by commissioner under Rule 32 of the Rules of
Court or to a mediator or arbitrator under any of the alternative modes of dispute resolution
governed by the Special Rules of Court on Alternative Dispute Resolution;
(l) Determine the necessity of engaging the services of a qualified expert as a friend of the court
(amicus curiae); and
(m) Ask parties to agree on the specific trial dates for continuous trial, comply with the one-day
examination of witness rule, adhere to the case flow chart determined by the court which shall
contain the different stages of the proceedings up to the promulgation of the decision and use
the time frame for each stage in setting the trial dates.
Section 7. Effect of failure to appear at pre-trial. - The court shall not dismiss the complaint, except
upon repeated and unjustified failure of the plaintiff to appear. The dismissal shall be without prejudice,
and the court may proceed with the counterclaim.
If the defendant fails to appear at the pre-trial, the court shall receive evidence ex parte.
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Section 8. Minutes of pre-trial. - The minutes of each pre-trial conference shall contain matters taken
up therein, more particularly admissions of facts and exhibits, and shall be signed by the parties and
their counsel.
Section 9. Pre-trial order. - Within ten (10) days after the termination of the pre-trial, the court shall
issue a pre-trial order setting forth the actions taken during the pre-trial conference, the facts stipulated,
the admissions made, the evidence marked, the number of witnesses to be presented and the schedule
of trial. Said order shall bind the parties, limit the trial to matters not disposed of and control the course
of action during the trial.
Section 10. Efforts to settle. - The court shall endeavor to make the parties agree to compromise or
settle in accordance with law at any stage of the proceedings before rendition of judgment.
RULE 4-TRIAL
Section 1. Continuous trial. - The judge shall conduct continuous trial which shall not exceed two (2)
months from the date of the issuance of the pre-trial order.
Before the expiration of the two-month period, the judge may ask the Supreme Court for the extension
of the trial period for justifiable cause.
Section 2. Affidavits in lieu of direct examination. - In lieu of direct examination, affidavits marked
during the pre-trial shall be presented as direct examination of affiants subject to cross-
examination by the adverse party.
Section 3. One-day examination of witness rule. - The court shall strictly adhere to the rule that a
witness has to be fully examined in one (1) day, subject to the courts discretion of extending the
examination for justifiable reason. After the presentation of the last witness, only oral offer of evidence
shall be allowed, and the opposing party shall immediately interpose his objections. The judge shall
forthwith rule on the offer of evidence in open court.
Section 4. Submission of case for decision; filing of memoranda. - After the last party has rested its
case, the court shall issue an order submitting the case for decision.
The court may require the parties to submit their respective memoranda, if possible in electronic form,
within a non-extendible period of thirty (30) days from the date the case is submitted for decision.
The court shall have a period of sixty (60) days to decide the case from the date the case is submitted
for decision.
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Section 5. Period to try and decide. - The court shall have a period of one (1) year from the filing of
the complaint to try and decide the case. Before the expiration of the one-year period, the court may
petition the Supreme Court for the extension of the period for justifiable cause.
The court shall prioritize the adjudication of environmental cases.
RULE 5-JUDGMENT AND EXECUTION

Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to the plaintiff proper reliefs
which shall include the protection, preservation or rehabilitation of the environment and the payment of
attorneys fees, costs of suit and other litigation expenses. It may also require the violator to submit a
program of rehabilitation or restoration of the environment, the costs of which shall be borne by the
violator, or to contribute to a special trust fund for that purpose subject to the control of the court.
Section 2. Judgment not stayed by appeal. - Any judgment directing the performance of acts for the
protection, preservation or rehabilitation of the environment shall be executory pending appeal unless
restrained by the appellate court.
Section 3. Permanent EPO; writ of continuing mandamus. - In the judgment, the court may convert the
TEPO to a permanent EPO or issue a writ of continuing mandamus directing the performance of acts
which shall be effective until the judgment is fully satisfied.
The court may, by itself or through the appropriate government agency, monitor the execution of the
judgment and require the party concerned to submit written reports on a quarterly basis or sooner as
may be necessary, detailing the progress of the execution and satisfaction of the judgment. The other
party may, at its option, submit its comments or observations on the execution of the judgment.
Section 4. Monitoring of compliance with judgment and orders of the court by a commissioner. - The
court may motu proprio, or upon motion of the prevailing party, order that the enforcement of the
judgment or order be referred to a commissioner to be appointed by the court. The commissioner shall
file with the court written progress reports on a quarterly basis or more frequently when necessary.
Section 5. Return of writ of execution. - The process of execution shall terminate upon a sufficient
showing that the decision or order has been implemented to the satisfaction of the court in accordance
with Section 14, Rule 39 of the Rules of Court.
RULE 6-STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
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Section 1. Strategic lawsuit against public participation (SLAPP). - A legal action filed to harass, vex,
exert undue pressure or stifle any legal recourse that any person, institution or the government has
taken or may take in the enforcement of environmental laws, protection of the environment or assertion
of environmental rights shall be treated as a SLAPP and shall be governed by these Rules.
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a person involved in the
enforcement of environmental laws, protection of the environment, or assertion of environmental
rights, the defendant may file an answer interposing as a defense that the case is a SLAPP and shall be
supported by documents, affidavits, papers and other evidence; and, by way of counterclaim, pray for
damages, attorneys fees and costs of suit.
The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a
SLAPP, attaching evidence in support thereof, within a non-extendible period of five (5) days from
receipt of notice that an answer has been filed.
The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file
an opposition within fifteen (15) days from filing of the comment or the lapse of the period.
Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in nature. The
parties must submit all available evidence in support of their respective positions. The party seeking the
dismissal of the case must prove by substantial evidence that his act for the enforcement of
environmental law is a legitimate action for the protection, preservation and rehabilitation of the
environment. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence
that the action is not a SLAPP and is a valid claim.
Section 4. Resolution of the defense of a SLAPP. - The affirmative defense of a SLAPP shall be
resolved within thirty (30) days after the summary hearing. If the court dismisses the action, the court
may award damages, attorneys fees and costs of suit under a counterclaim if such has been filed. The
dismissal shall be with prejudice.
If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing
shall be treated as evidence of the parties on the merits of the case. The action shall proceed in
accordance with the Rules of Court.
PART III-SPECIAL CIVIL ACTIONS
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RULE 7-WRIT OF KALIKASAN

Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity
authorized by law, peoples organization, non-governmental organization, or any public interest group
accredited by or registered with any government agency, on behalf of persons whose constitutional
right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or
omission of a public official or employee, or private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more
cities or provinces.
Section 2. Contents of the petition. - The verified petition shall contain the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent or if the name and personal
circumstances are unknown and uncertain, the respondent may be described by an assumed
appellation;
(c) The environmental law, rule or regulation violated or threatened to be violated, the act or
omission complained of, and the environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces.
(d) All relevant and material evidence consisting of the affidavits of witnesses, documentary
evidence, scientific or other expert studies, and if possible, object evidence;
(e) The certification of petitioner under oath that: (1) petitioner has not commenced any action
or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency, and
no such other action or claim is pending therein; (2) if there is such other pending action or
claim, a complete statement of its present status; (3) if petitioner should learn that the same or
similar action or claim has been filed or is pending, petitioner shall report to the court that fact
within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any of the stations
of the Court of Appeals.
Section 4. No docket fees. - The petitioner shall be exempt from the payment of docket fees.
Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the petition, if the
petition is sufficient in form and substance, the court shall give an order: (a) issuing the writ; and (b)
224
requiring the respondent to file a verified return as provided in Section 8 of this Rule. The clerk of
court shall forthwith issue the writ under the seal of the court including the issuance of a cease and
desist order and other temporary reliefs effective until further order.
Section 6. How the writ is served. - The writ shall be served upon the respondent by a court officer or
any person deputized by the court, who shall retain a copy on which to make a return of service. In case
the writ cannot be served personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly delays or
refuses to issue the writ after its allowance or a court officer or deputized person who unduly delays or
refuses to serve the same shall be punished by the court for contempt without prejudice to other civil,
criminal or administrative actions.
Section 8. Return of respondent; contents. - Within a non-extendible period of ten (10) days after
service of the writ, the respondent shall file a verified return which shall contain all defenses to show
that respondent did not violate or threaten to violate, or allow the violation of any environmental law,
rule or regulation or commit any act resulting to environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence, in support of the defense of the respondent.
A general denial of allegations in the petition shall be considered as an admission thereof.
Section 9. Prohibited pleadings and motions. - The following pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the respondent fails to file a return, the court shall
proceed to hear the petition ex parte.
225
Section 11. Hearing. - Upon receipt of the return of the respondent, the court may call a preliminary
conference to simplify the issues, determine the possibility of obtaining stipulations or admissions from
the parties, and set the petition for hearing.
The hearing including the preliminary conference shall not extend beyond sixty (60) days and shall be
given the same priority as petitions for the writs of habeas corpus, amparo and habeas data.
Section 12. Discovery Measures. - A party may file a verified motion for the following reliefs:
(a) Ocular Inspection; order The motion must show that an ocular inspection order is
necessary to establish the magnitude of the violation or the threat as to prejudice the life, health
or property of inhabitants in two or more cities or provinces. It shall state in detail the place or
places to be inspected. It shall be supported by affidavits of witnesses having personal
knowledge of the violation or threatened violation of environmental law.
After hearing, the court may order any person in possession or control of a designated land or
other property to permit entry for the purpose of inspecting or
photographing the property or any relevant object or operation thereon.
The order shall specify the person or persons authorized to make the inspection and the date,
time, place and manner of making the inspection and may prescribe other conditions to protect
the constitutional rights of all parties.
(b) Production or inspection of documents or things; order The motion must show that a
production order is necessary to establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.
After hearing, the court may order any person in possession, custody or control of any
designated documents, papers, books, accounts, letters, photographs, objects or tangible things,
or objects in digitized or electronic form, which constitute or contain evidence relevant to the
petition or the return, to produce and permit their inspection, copying or photographing by or on
behalf of the movant.
The production order shall specify the person or persons authorized to make the production and the
date, time, place and manner of making the inspection or production and may prescribe other
conditions to protect the constitutional rights of all parties.
226
Section 13. Contempt. - The court may after hearing punish the respondent who refuses or unduly
delays the filing of a return, or who makes a false return, or any person who disobeys or resists a lawful
process or order of the court for indirect contempt under Rule 71 of the Rules of Court.
Section 14. Submission of case for decision; filing of memoranda. - After hearing, the court shall issue
an order submitting the case for decision. The court may require the filing of memoranda and if
possible, in its electronic form, within a non-extendible period of thirty (30) days from the date the
petition is submitted for decision.
Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted for decision, the
court shall render judgment granting or denying the privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are the following:
(a) Directing respondent to permanently cease and desist from committing acts or neglecting the
performance of a duty in violation of environmental laws resulting in environmental destruction
or damage;
(b) Directing the respondent public official, government agency, private person or entity to
protect, preserve, rehabilitate or restore the environment;
(c) Directing the respondent public official, government agency, private person or entity to
monitor strict compliance with the decision and orders of the court;
(d) Directing the respondent public official, government agency, or private person or entity to
make periodic reports on the execution of the final judgment; and
(e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology
or to the protection, preservation, rehabilitation or restoration of the
environment, except the award of damages to individual petitioners.
Section 16. Appeal. - Within fifteen (15) days from the date of notice of the adverse judgment or denial
of motion for reconsideration, any party may appeal to the Supreme Court under Rule 45 of the Rules
of Court. The appeal may raise questions of fact.
Section 17. Institution of separate actions. - The filing of a petition for the issuance of the writ of
kalikasan shall not preclude the filing of separate civil, criminal or administrative actions.
RULE 8-WRIT OF CONTINUING MANDAMUS
227
Section 1. Petition for continuing mandamus. - When any agency or instrumentality of the government
or officer thereof unlawfully neglects the performance of an act which the law specifically enjoins as a
duty resulting from an office, trust or station in connection with the enforcement or violation of an
environmental law rule or regulation or a right therein, or unlawfully excludes another from the use or
enjoyment of such right and there is no other plain, speedy and adequate remedy in the ordinary course
of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts
with certainty, attaching thereto supporting evidence, specifying that the petition concerns an
environmental law, rule or regulation, and praying that judgment be rendered commanding the
respondent to do an act or series of acts until the judgment is fully satisfied, and to pay damages
sustained by the petitioner by reason of the malicious neglect to perform the duties of the respondent,
under the law, rules or regulations. The petition shall also contain a sworn certification of non-forum
shopping.
Section 2. Where to file the petition. - The petition shall be filed with the Regional Trial Court
exercising jurisdiction over the territory where the actionable neglect or omission occurred or with the
Court of Appeals or the Supreme Court.
Section 3. No docket fees. - The petitioner shall be exempt from the payment of docket fees.
Section 4. Order to comment. - If the petition is sufficient in form and substance, the court shall issue
the writ and require the respondent to comment on the petition within ten (10) days from receipt of a
copy thereof. Such order shall be served on the respondents in such manner as the court may direct,
together with a copy of the petition and any annexes thereto.
Section 5. Expediting proceedings; TEPO. - The court in which the petition is filed may issue such
orders to expedite the proceedings, and it may also grant a TEPO for the preservation of the rights of
the parties pending such proceedings.
Section 6. Proceedings after comment is filed. - After the comment is filed or the time for the filing
thereof has expired, the court may hear the case which shall be summary in nature or require the parties
to submit memoranda. The petition shall be resolved without delay within sixty (60) days from the date
of the submission of the petition for resolution.
Section 7. Judgment. - If warranted, the court shall grant the privilege of the writ of continuing
mandamus requiring respondent to perform an act or series of acts until the judgment is fully satisfied
and to grant such other reliefs as may be warranted resulting from the wrongful or illegal acts of the
228
respondent. The court shall require the respondent to submit periodic reports detailing the progress and
execution of the judgment, and the court may, by itself or through a commissioner or the appropriate
government agency, evaluate and monitor compliance. The petitioner may submit its comments or
observations on the execution of the judgment.
Section 8. Return of the writ. - The periodic reports submitted by the respondent detailing compliance
with the judgment shall be contained in partial returns of the writ.
Upon full satisfaction of the judgment, a final return of the writ shall be made to the court by the
respondent. If the court finds that the judgment has been fully implemented, the satisfaction of
judgment shall be entered in the court docket.
PART IV-CRIMINAL PROCEDURE
RULE 9-PROSECUTION OF OFFENSES

Section 1. Who may file. - Any offended party, peace officer or any public officer charged with the
enforcement of an environmental law may file a complaint before the proper officer in accordance with
the Rules of Court.
Section 2. Filing of the information. - An information, charging a person with a violation of an
environmental law and subscribed by the prosecutor, shall be filed with the court.
Section 3. Special prosecutor. - In criminal cases, where there is no private offended party, a counsel
whose services are offered by any person or organization may be allowed by the court as special
prosecutor, with the consent of and subject to the control and supervision of the public prosecutor.
RULE 10-PROSECUTION OF CIVIL ACTIONS

Section 1. Institution of criminal and civil actions. - When a criminal action is instituted, the civil
action for the recovery of civil liability arising from the offense charged, shall be deemed instituted
with the criminal action unless the complainant waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action.
Unless the civil action has been instituted prior to the criminal action, the reservation of the
right to institute separately the civil action shall be made during arraignment.
229
In case civil liability is imposed or damages are awarded, the filing and other legal fees shall be
imposed on said award in accordance with Rule 141 of the Rules of Court, and the fees shall constitute
a first lien on the judgment award. The damages awarded in cases where there is no private offended
party, less the filing fees, shall accrue to the funds of the agency charged with the implementation of
the environmental law violated. The award shall be used for the restoration and rehabilitation of the
environment adversely affected.
RULE 11-ARREST
Section 1. Arrest without warrant; when lawful. - A peace officer or an individual deputized by the
proper government agency may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing or is
attempting to commit an offense; or
(b) When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it.
Individuals deputized by the proper government agency who are enforcing environmental laws
shall enjoy the presumption of regularity under Section 3(m), Rule 131 of the Rules of Court
when effecting arrests for violations of environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall be accompanied by a
certified true copy of the information filed with the issuing court.
RULE 12-CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,

PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS
Section 1. Custody and disposition of seized items. - The custody and disposition of seized items shall
be in accordance with the applicable laws or rules promulgated by the concerned government agency.
Section 2. Procedure. - In the absence of applicable laws or rules promulgated by the concerned
government agency, the following procedure shall be observed:
(a) The apprehending officer having initial custody and control of the seized items, equipment,
paraphernalia, conveyances and instruments shall physically inventory and whenever
practicable, photograph the same in the presence of the person from whom such items were
seized.
230
(b) Thereafter, the apprehending officer shall submit to the issuing court the return of the search
warrant within five (5) days from date of seizure or in case of warrantless arrest, submit within
five (5) days from date of seizure, the inventory report, compliance report, photographs,
representative samples and other pertinent documents to the public prosecutor for appropriate
action.
(c) Upon motion by any interested party, the court may direct the auction sale of seized items,
equipment, paraphernalia, tools or instruments of the crime. The court shall, after hearing, fix
the minimum bid price based on the recommendation of the concerned government agency. The
sheriff shall conduct the auction.
(d) The auction sale shall be with notice to the accused, the person from whom the items were
seized, or the owner thereof and the concerned government agency.
(e) The notice of auction shall be posted in three conspicuous places in the city or municipality
where the items, equipment, paraphernalia, tools or instruments of the crime were seized.
(f) The proceeds shall be held in trust and deposited with the government depository bank for
disposition according to the judgment.
RULE 13-PROVISIONAL REMEDIES

Section 1. Attachment in environmental cases. - The provisional remedy of attachment under Rule 127
of the Rules of Court may be availed of in environmental cases.
Section 2. Environmental Protection Order (EPO); Temporary Environmental Protection Order
(TEPO) in criminal cases. - The procedure for and issuance of EPO and TEPO shall be governed by
Rule 2 of these Rules.
RULE 14-BAIL
Section 1. Bail, where filed. - Bail in the amount fixed may be filed with the court where the case is
pending, or in the absence or unavailability of the judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge or municipal circuit trial judge in the province, city or
municipality. If the accused is arrested in a province, city or municipality other than where the case is
pending, bail may also be filed with any Regional Trial Court of said place, or if no judge thereof is
231
available, with any metropolitan trial judge, municipal trial judge or municipal circuit trial judge
therein. If the court grants bail, the court may issue a hold-departure order in appropriate cases.
Section 2. Duties of the court. - Before granting the application for bail, the judge must read the
information in a language known to and understood by the accused and require the accused to sign a
written undertaking, as follows:
(a) To appear before the court that issued the warrant of arrest for arraignment purposes on the
date scheduled, and if the accused fails to appear without justification on the date of
arraignment, accused waives the reading of the information and authorizes the court to enter a
plea of not guilty on behalf of the accused and to set the case for trial;
(b) To appear whenever required by the court where the case is pending; and
(c) To waive the right of the accused to be present at the trial, and upon failure of the accused to
appear without justification and despite due notice, the trial may proceed in absentia.
RULE 15-ARRAIGNMENT AND PLEA

Section 1. Arraignment. - The court shall set the arraignment of the accused within fifteen (15) days
from the time it acquires jurisdiction over the accused, with notice to the public prosecutor and
offended party or concerned government agency that it will entertain plea-bargaining on the date of the
arraignment.
Section 2. Plea-bargaining. - On the scheduled date of arraignment, the court shall consider plea-
bargaining arrangements. Where the prosecution and offended party or concerned government agency
agree to the plea offered by the accused, the court shall:
(a) Issue an order which contains the plea-bargaining arrived at;
(b) Proceed to receive evidence on the civil aspect of the case, if any; and
(c) Render and promulgate judgment of conviction, including the civil liability for damages.
RULE 16-PRE-TRIAL
Section 1. Setting of pre-trial conference. - After the arraignment, the court shall set the pre-trial
conference within thirty (30) days. It may refer the case to the branch clerk of court, if warranted, for a
preliminary conference to be set at least three (3) days prior to the pre-trial.
Section 2. Preliminary conference. - The preliminary conference shall be for the following purposes:
232
(a) To assist the parties in reaching a settlement of the civil aspect of the case;
(b) To mark the documents to be presented as exhibits;
(c) To attach copies thereof to the records after comparison with the originals;
(d) To ascertain from the parties the undisputed facts and admissions on the genuineness and
due execution of documents marked as exhibits;
(e) To consider such other matters as may aid in the prompt disposition of the case;
(f) To record the proceedings during the preliminary conference in the Minutes of Preliminary
Conference to be signed by the parties and counsel;
(g) To mark the affidavits of witnesses which shall be in question and answer form and shall
constitute the direct examination of the witnesses; and
(h) To attach the Minutes and marked exhibits to the case record before the pre-trial proper. The
parties or their counsel must submit to the branch clerk of court the names, addresses and
contact numbers of the affiants.
Section 3. Pre-trial duty of the judge. - During the pre-trial, the court shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings, confirm
markings of exhibits or substituted photocopies and admissions on the genuineness and due
execution of documents, and list object and testimonial evidence;
(c) Scrutinize the information and the statements in the affidavits and other documents which
form part of the record of the preliminary investigation together with other documents identified
and marked as exhibits to determine further admissions of facts as to:
i. The courts territorial jurisdiction relative to the offense(s) charged;
ii. Qualification of expert witnesses; and
iii. Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the
court which shall contain the time frames for the different stages of the proceeding up to
promulgation of decision;
(f) Require the parties to submit to the branch clerk of court the names, addresses and contact
numbers of witnesses that need to be summoned by subpoena; and
233
(g) Consider modification of order of trial if the accused admits the charge but interposes a
lawful defense.
Section 4. Manner of questioning. - All questions or statements must be directed to the court.
Section 5. Agreements or admissions. - All agreements or admissions made or entered during the pre-
trial conference shall be reduced in writing and signed by the accused and counsel; otherwise, they
cannot be used against the accused. The agreements covering the matters referred to in Section 1, Rule
118 of the Rules of Court shall be approved by the court.
Section 6. Record of proceedings. - All proceedings during the pre-trial shall be recorded, the
transcripts prepared and the minutes signed by the parties or their counsels.
Section 7. Pre-trial order. - The court shall issue a pre-trial order within ten (10) days after the
termination of the pre-trial, setting forth the actions taken during the pre-trial conference, the facts
stipulated, the admissions made, evidence marked, the number of witnesses to be presented and the
schedule of trial. The order shall bind the parties and control the course of action during the trial.
RULE 17-TRIAL
Section 1. Continuous trial. - The court shall endeavor to conduct continuous trial which shall not
exceed three (3) months from the date of the issuance of the pre-trial order.
Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of direct examination shall be used,
subject to cross-examination and the right to object to inadmissible portions of the affidavit.
Section 3. Submission of memoranda. - The court may require the parties to submit their respective
memoranda and if possible, in electronic form, within a non-extendible period of thirty (30) days from
the date the case is submitted for decision.
With or without any memoranda filed, the court shall have a period of sixty (60) days to decide the case
counted from the last day of the 30-day period to file the memoranda.
Section 4. Disposition period. - The court shall dispose the case within a period of ten (10) months
from the date of arraignment.
Section 5. Pro bono lawyers. - If the accused cannot afford the services of counsel or there is no
available public attorney, the court shall require the Integrated Bar of the Philippines to provide pro
bono lawyers for the accused.
234
RULE 18-SUBSIDIARY LIABILITY

Section 1. Subsidiary liability. - In case of conviction of the accused and subsidiary liability is allowed
by law, the court may, by motion of the person entitled to recover under judgment, enforce such
subsidiary liability against a person or corporation subsidiary liable under Article 102 and Article 103
of the Revised Penal Code.
RULE 19-STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL

CASES
Section 1. Motion to dismiss. - Upon the filing of an information in court and before arraignment, the
accused may file a motion to dismiss on the ground that the criminal action is a SLAPP.
Section 2. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in nature. The
parties must submit all the available evidence in support of their respective positions. The party seeking
the dismissal of the case must prove by substantial evidence that his acts for the enforcement of
environmental law is a legitimate action for the protection, preservation and rehabilitation of the
environment. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence
that the action is not a SLAPP.
Section 3. Resolution. - The court shall grant the motion if the accused establishes in the summary
hearing that the criminal case has been filed with intent to harass, vex, exert undue pressure or stifle
any legal recourse that any person, institution or the government has taken or may take in the
enforcement of environmental laws, protection of the environment or assertion of environmental rights.
If the court denies the motion, the court shall immediately proceed with the arraignment of the
accused.
PART V-EVIDENCE
RULE 20-PRECAUTIONARY PRINCIPLE

Section 1. Applicability. - When there is a lack of full scientific certainty in establishing a causal link
between human activity and environmental effect, the court shall apply the precautionary principle in
resolving the case before it.
235
The constitutional right of the people to a balanced and healthful ecology shall be given the
benefit of the doubt.
Section 2. Standards for application. - In applying the precautionary principle, the following factors,
among others, may be considered: (1) threats to human life or health; (2) inequity to present or future
generations; or (3) prejudice to the environment without legal consideration of the environmental rights
of those affected.
RULE 21-DOCUMENTARY EVIDENCE

Section 1. Photographic, video and similar evidence. - Photographs, videos and similar evidence of
events, acts, transactions of wildlife, wildlife by-products or derivatives, forest products or mineral
resources subject of a case shall be admissible when authenticated by the person who took the same, by
some other person present when said evidence was taken, or by any other person competent to testify
on the accuracy thereof.
Section 2. Entries in official records. - Entries in official records made in the performance of his duty
by a public officer of the Philippines, or by a person in performance of a duty specially enjoined by
law, are prima facie evidence of the facts therein stated.
RULE 22-FINAL PROVISIONS

Section 1. Effectivity. - These Rules shall take effect within fifteen (15) days following publication
once in a newspaper of general circulation.
Section 2. Application of the Rules of Court. - The Rules of Court shall apply in a suppletory manner,
except as otherwise provided herein.
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MMSU LAW-Remedial Law Special Laws

1) Special Rules of Court On Alternative Dispute Resolution (A.M. No. 07-11-08-SC)

Acting on the recommendation of the Chairperson of the Sub-Committee on the Rules on

PART I-GENERAL PROVISIONS AND POLICIES

RULE 1: GENERAL PROVISIONS

a. Relief on the issue of Existence, Validity, or Enforceability of the Arbitration Agreement;

b. Referral to Alternative Dispute Resolution ("ADR");

c. Interim Measures of Protection;

e. Challenge to Appointment of Arbitrator;

f. Termination of Mandate of Arbitrator;

g. Assistance in Taking Evidence;

h. Confirmation, Correction or Vacation of Award in Domestic Arbitration;

i. Recognition and Enforcement or Setting Aside of an Award in International Commercial

j. Recognition and Enforcement of a Foreign Arbitral Award;

k. Confidentiality/Protective Orders; and

l. Deposit and Enforcement of Mediated Settlement Agreements.

c. Interim Measures of Protection;

e. Challenge to Appointment of Arbitrator;

f. Termination of Mandate of Arbitrator;

g. Assistance in Taking Evidence;

h. Confidentiality/Protective Orders; and

i. Deposit and Enforcement of Mediated Settlement Agreements.

Except in cases involving Referral to ADR or Confidentiality/Protective Orders made through

b. Motion for bill of particulars;

c. Motion for new trial or for reopening of trial;

d. Petition for relief from judgment;

g. Motion to declare a party in default; and

c. "Authenticate" means to sign, execute or use a symbol, or encrypt a record in whole or in

RULE 2: STATEMENT OF POLICIES

a. The referral tends to oust a court of its jurisdiction;

b. The court is in a better position to resolve the dispute subject of arbitration;

c. The referral would result in multiplicity of suits;

d. The arbitration proceeding has not commenced;

e. The place of arbitration is in a foreign country;

g. One or more of the arbitrators are not Philippine nationals; or

b. The principal action is already pending before an arbitral tribunal.

Rule 2.6. Policy on Arbitration-Mediation or Mediation-Arbitration. - No arbitrator shall act as a

PART II-SPECIFIC COURT RELIEF

RULE 3: JUDICIAL RELIEF INVOLVING THE ISSUE OF EXISTENCE, VALIDITY AND

A. Judicial Relief before Commencement of Arbitration

b. The nature and substance of the dispute between the parties;

d. The relief/s sought.

B. Judicial Relief after Arbitration Commences

b. The nature and substance of the dispute between the parties;

d. The relief/s sought.

RULE 4: REFERRAL TO ADR

d. Referral to arbitration does not appear to be the most prudent action; or

RULE 5: INTERIM MEASURES OF PROTECTION

b. Where any of the parties who are individuals resides;

d. Where the real property subject of arbitration, or a portion thereof is situated.

a. The need to prevent irreparable loss or injury;

b. The need to provide security for the performance of any obligation;

c. The need to produce or preserve evidence; or

d. The need to compel any other appropriate act or omission.

a. The fact that there is an arbitration agreement;

c. A detailed description of the appropriate relief sought;

d. The grounds relied on for the allowance of the petition

a. Preliminary injunction directed against a party to arbitration;

b. Preliminary attachment against property or garnishment of funds in the custody of a bank or a

d. Detention, preservation, delivery or inspection of property; or,

e. Assistance in the enforcement of an interim measure of protection granted by the arbitral

a. The arbitral tribunal granted the interim relief ex parte; or

RULE 6: APPOINTMENT OF ARBITRATORS