SPECIAL CIVIL ACTIONS
Section 1. When interpleaderproper . Whenever conflicting claims upon the same subject matter are or may be madeagainst a person who claims no interest whatever in the subject matter, or aninterest which in whole or in part is not disputed by the claimants, he maybring an action against the conflicting claimants to compel them to interpleadand litigate their several claims among themselves.
Section 2. Order . Upon the filing ofthe complaint, the court shall issue an order requiring the conflictingclaimants to interplead with one another. If the interests of justice sorequire, the court may direct in such order that the subject matter be paid ordelivered to the court.
Section 3. Summons . Summons shall beserved upon the conflicting claimants, together with a copy of the complaintand order.
Section 4. Motionto dismiss . Within the time forfiling an answer, each claimant may file a motion to dismiss on the ground ofimpropriety of the interpleader action or on other appropriate groundsspecified in Rule 16. The period to file the answer shall be tolled and if themotion is denied, the movant may file his answer within the remaining period,but which shall not be less than five (5) days in any event, reckoned fromnotice of denial. (n)
Section 5. Answerand other pleadings . Each claimant shallfile his answer setting forth his claim within fifteen (15) days from serviceof the summons upon him, serving a copy thereof upon each of the otherconflicting claimants who may file their reply thereto as provided by theseRules. If any claimant fails to plead within the time herein fixed, the courtmay, on motion, declare him in default and thereafter render judgment barringhim from any claim in respect to the subject matter.
The parties in an interpleader action may file counterclaims,cross-claims, third-party complaints and responsive pleadings thereto, asprovided by these Rules.
Section 6. Determination . After the pleadingsof the conflicting claimants have been filed, and pre-trial has been conductedin accordance with the Rules, the court shall proceed to determine theirrespective rights and adjudicate their several claims.
Section 7. Docketand other lawful fees ,costs and litigation expenses as liens . The docket and otherlawful fees paid by the party who filed a complaint under this Rule, as well asthe costs and litigation expenses, shall constitute a lien or change upon thesubject matter of the action, unless the court shall order otherwise.
Declaratory Relief andSimilar Remedies
Section 1. Who may file petition . Any personinterested under a deed, will, contract or other written instrument, or whoserights are affected by a statute, executive order or regulation, ordinance, orany other governmental regulation may, before breach or violation thereof bringan action in the appropriate Regional Trial Court to determine any question ofconstruction or validity arising, and for a declaration of his rights orduties, thereunder.
An action for the reformation of an instrument, to quiettitle to real property or remove clouds therefrom, or to consolidate ownershipunder Article 1607 of the Civil Code, may be brought under this Rule.
Section 2. Parties . All persons who haveor claim any interest which would be affected by the declaration shall be madeparties; and no declaration shall, except as otherwise provided in these Rules,prejudice the rights of persons not parties to the action. (2a, R64)
Section 3. Notice on SolicitorGeneral . In any action which involves the validity of a statute, executive order orregulation, or any other governmental regulation, the Solicitor General shallbe notified by the party assailing the same and shall be entitled to be heardupon such question. (3a, R64)
Section 4. Localgovernment ordinances . In any actioninvolving the validity of a local government ordinance, the correspondingprosecutor or attorney of the local governmental unit involved shall besimilarly notified and entitled to be heard. If such ordinance is alleged to beunconstitutional, the Solicitor General shall also be notified and entitled tobe heard. (4a, R64)
Section 5. Courtaction discretionary . Except in actionsfalling under the second paragraph of section 1 of this Rule, the court, motu proprio orupon motion, may refuse to exercise the power to declare rights and to construeinstruments in any case where a decision would not terminate the uncertainty orcontroversy which gave rise to the action, or in any case where the declarationor construction is not necessary and proper under the circumstances. (5a, R64)
Section 6. Conversioninto ordinary action . If before the finaltermination of the case, a breach or violation of an instrument or a statute,executive order or regulation, ordinance, or any other governmental regulationshould take place, the action may thereupon be converted into an ordinaryaction, and the parties shall be allowed to file such pleadings as may benecessary or proper. (6a, R64)
Review of Judgments andFinal Orders or Resolutions of the
Commission on Electionsand the Commission on Audit
Section 1. Scope . This Rule shallgovern the review of judgments and final orders or resolutions of theCommission on Elections and the Commission on Audit. (n)
Section 2. Modeof review . A judgment or finalorder or resolution of the Commission on Elections and the Commission on Auditmay be brought by the aggrieved party to the Supreme Court on certiorari underRule 65, except as hereinafter provided. (n ; BarMatter No. 803, 17 February 1998)
Section 3. Timeto file petition . The petition shallbe filed within thirty (30) days from notice of the judgment or final order orresolution sought to be reviewed. The filing of a motion for new trial orreconsideration of said judgment or final order or resolution, if allowed underthe procedural rules of the Commission concerned, shall interrupt the periodherein fixed. If the motion is denied, the aggrieved party may file thepetition within the remaining period, but which shall not be less than five (5)days in any event, reckoned from notice of denial. (n)
Section 4. Docketand other lawful fees . Upon the filing ofthe petition, the petitioner shall pay to the clerk of court the docket andother lawful fees and deposit the amount of P500.00 for costs. (n)
Section 5. Formand contents of petition . The petition shall be verified and filed in eighteen(18) legible copies. The petition shall name the aggrieved party as petitionerand shall join as respondents the Commission concerned and the person orpersons interested in sustaining the judgment, final order or resolution aquo . The petition shall state the facts with certainty, present clearly theissues involved, set forth the grounds and brief arguments relied upon forreview, and pray for judgment annulling or modifying the questioned judgment,final order or resolution. Findings of fact of the Commission supported bysubstantial evidence shall be final and non-reviewable.
The petition shall be accompanied by a clearly legibleduplicate original or certified true copy of the judgment, final order orresolution subject thereof, together with certified true copies of suchmaterial portions of the record as are referred to therein and other documentsrelevant and pertinent thereto. The requisite number of copies of the petitionshall contain plain copies of all documents attached to the original copy ofsaid petition.
The petition shall state the specific material datesshowing that it was filed within the period fixed herein, and shall contain asworn certification against forum shopping as provided in the third paragraphof section 3, Rule 46.
The petition shall further be accompanied by proof ofservice of a copy thereof on the Commission concerned and on the adverse party,and of the timely payment of docket and other lawful fees.
The failure of petitioner to comply with any of theforegoing requirements shall be sufficient ground for the dismissal of thepetition. (n)
Section 6. Orderto comment . If the Supreme Courtfinds the petition sufficient in form and substance, it shall order therespondents to file their comments on the petition within ten (10) days fromnotice thereof; otherwise, the Court may dismiss the petition outright. TheCourt may also dismiss the petition if it was filed manifestly for delay or thequestions raised are too unsubstantial to warrant further proceedings. (n)
Section 7. Commentsof respondents . The comments of therespondents shall be filed in eighteen (18) legible copies. The original shallbe accompanied by certified true copies of such material portions of the recordas are referred to therein together with other supporting papers. The requisitenumber of copies of the comments shall contain plain copies of all documentsattached to the original and a copy thereof shall be served on the petitioner.
No other pleading may be filed by any party unless requiredor allowed by the Court. (n)
Section 8. Effectof filing . The filing of apetition for certiorari shall not stay the execution of the judgment orfinal order or resolution sought to be reviewed, unless the Supreme Court shalldirect otherwise upon such terms as it may deem just. (n)
Section 9. Submissionfor decision . Unless the Courtsets the case for oral argument, or requires the parties to submit memoranda,the case shall be deemed submitted for decision upon the filing of the commentson the petition, or of such other pleadings or papers as may be required orallowed, or the expiration of the period to do so. (n)
Certiorari , Prohibition andMandamus
Section 1. Petitionfor certiorari . When any tribunal,board or officer exercising judicial or quasi-judicial functions has actedwithout or in excess its or his jurisdiction, or with grave abuse of discretionamounting to lack or excess of jurisdiction, and there is no appeal, or anyplain, speedy, and adequate remedy in the ordinary course of law, a personaggrieved thereby may file a verified petition in the proper court, allegingthe facts with certainty and praying that judgment be rendered annulling or modifyingthe proceedings of such tribunal, board or officer, and granting suchincidental reliefs as law and justice may require.
The petition shall be accompanied by a certified true copyof the judgment, order or resolution subject thereof, copies of all pleadingsand documents relevant and pertinent thereto, and a sworn certification ofnon-forum shopping as provided in the third paragraph of section 3, Rule 46.(1a)
Section 2. Petitionfor prohibition . When the proceedingsof any tribunal, corporation, board, officer or person, whether exercisingjudicial, quasi-judicial or ministerial functions, are without or in excess ofits or his jurisdiction, or with grave abuse of discretion amounting to lack orexcess of jurisdiction, and there is no appeal or any other plain, speedy, andadequate remedy in the ordinary course of law, a person aggrieved thereby mayfile a verified petition in the proper court, alleging the facts with certaintyand praying that judgment be rendered commanding the respondent to desist fromfurther proceedings in the action or matter specified therein, or otherwisegranting such incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certifiedtrue copy of the judgment, order or resolution subject thereof, copies of allpleadings and documents relevant and pertinent thereto, and a sworncertification of non-forum shopping as provided in the third paragraph ofsection 3, Rule 46. (2a)
Section 3. Petitionfor mandamus . When any tribunal,corporation, board, officer or person unlawfully neglects the performance of anact which the law specifically enjoins as a duty resulting from an office,trust, or station, or unlawfully excludes another from the use and enjoyment ofa right or office to which such other is entitled, and there is no other plain,speedy and adequate remedy in the ordinary course of law, the person aggrievedthereby may file a verified petition in the proper court, alleging the factswith certainty and praying that judgment be rendered commanding the respondent,immediately or at some other time to be specified by the court, to do the actrequired to be done to protect the rights of the petitioner, and to pay thedamages sustained by the petitioner by reason of the wrongful acts of therespondent.
The petition shall also contain a sworn certification ofnon-forum shopping as provided in the third paragraph of section 3, Rule 46.(3a)
Section 4. Whenand where petition filed . The petition shall be filed not later than sixty (60)days from notice of the judgment, order or resolution. In case a motion forreconsideration or new trial is timely filed, whether such motion is requiredor not, the petition shall be filed not later than sixty (60) days counted fromthe notice of the denial of the motion.
If the petition relates to an act or an omission of amunicipal trial court or of a corporation, a board, an officer or a person, itshall be filed with the Regional Trial Court exercising jurisdiction over theterritorial area as defined by the Supreme Court. It may also be filed with theCourt of Appeals or with the Sandiganbayan , whetheror not the same is in aid of the courts appellate jurisdiction. If the petitioninvolves an act or an omission of a quasi-judicial agency, unless otherwiseprovided by law or these rules, the petition shall be filed with and becognizable only by the Court of Appeals.
In election cases involving an act or an omission of amunicipal or a regional trial court, the petition shall be filed exclusivelywith the Commission on Elections, in aid of its appellate jurisdiction.
Section 5. Respondents and costsin certain cases . When the petition filed relates to the acts or omissions of a judge, court,quasi-judicial agency, tribunal, corporation, board, officer or person, thepetitioner shall join, as private respondent or respondents with such publicrespondent or respondents, the person or persons interested in sustaining theproceedings in the court; and it shall be the duty of such private respondentsto appear and defend, both in his or their own behalf and in behalf of thepublic respondent or respondents affected by the proceedings, and the costsawarded in such proceedings in favor of thepetitioner shall be against the private respondents only, and not against thejudge, court, quasi-judicial agency, tribunal, corporation, board, officer orperson impleaded as public respondent or respondents.
Unless otherwise specifically directed by the court wherethe petition is pending, the public respondents shall not appear in or file ananswer or comment to the petition or any pleading therein. If the case iselevated to a higher court by either party, the public respondents shall beincluded therein as nominal parties. However, unless otherwise specificallydirected by the court, they shall not appear or participate in the proceedingstherein. (5a)
Section 6. Orderto comment . If the petition issufficient in form and substance to justify such process, the court shall issuean order requiring the respondent or respondents to comment on the petitionwithin ten (10) days from receipt of a copy thereof. Such order shall be servedon the respondents in such manner as the court may direct together with a copyof the petition and any annexes thereto.
In petitions for certiorari before the Supreme Courtand the Court of Appeals, the provisions of section 2, Rule 56, shall beobserved. Before giving due course thereto, the court may require therespondents to file their comment to, and not a motion to dismiss, thepetition. Thereafter, the court may require the filing of a reply and suchother responsive or other pleadings as it may deem necessary and proper. (6a)
Section 7. Expeditingproceedings ;injunctive relief. The court in which the petition is filed mayissue orders expediting the proceedings, and it may also grant a temporaryrestraining order or a writ of preliminary injunction for the preservation ofthe rights of the parties pending such proceedings. The petition shall notinterrupt the course of the principal case, unless a temporary restrainingorder or a writ of preliminary injunction has been issued, enjoining the publicrespondent from further proceeding with the case.
The public respondent shall proceed with the principal casewithin ten (10) days from the filing of a petition for certiorari with a highercourt or tribunal, absent a temporary restraining order or a preliminaryinjunction, or upon its expiration. Failure of the public respondent to proceedwith the principal case may be a ground for an administrative charge.
Section 8. Proceedingsafter comment is filed . After the comment or other pleadings required by thecourt are filed, or the time for the filing thereof has expired, the court mayhear the case or require the parties to submit memoranda. If, after suchhearing or filing of memoranda or upon the expiration of the period for filing,the court finds that the allegations of the petition are true, it shall renderjudgment for such relief to which the petitioner is entitled.
However, the court may dismiss the petition if it finds thesame patently without merit or prosecuted manifestly for delay, or if thequestions raised therein are too unsubstantial torequire consideration. In such event, the court may award in favor of the respondent treble costs solidarily against the petitioner and counsel, in addition to subjecting counsel toadministrative sanctions under Rules 139 and 139-B of the Rules of Court.
The Court may impose motu proprio , based on res ipsa loquitur, other disciplinary sanctions or measures on erring lawyers forpatently dilatory and unmeritorious petitions for certiorari.
Section 9. Serviceand enforcement of order or judgment . A certified copy of the judgment rendered inaccordance with the last preceding section shall be served upon the court,quasi-judicial agency, tribunal, corporation, board, officer or personconcerned in such manner as the court may direct, and disobedience theretoshall be punished as contempt. An execution may issue for any damages or costsawarded in accordance with section 1 of Rule 39. (9a)
Section 1. Actionby Government against individuals . An action for the usurpation of a publicoffice, position or franchise may be commenced by a verified petition broughtin the name of the Republic of the Philippines against:
(a) A person who usurps, intrudes into, or unlawfully holdsor exercises a public office, position or franchise;
(b) A public officer who does or suffers an act which, bythe provision of law, constitutes a ground for the forfeiture of his office; or
(c) An association which acts as a corporation within thePhilippines without being legally incorporated or without lawful authority soto act. (1a)
Section 2. WhenSolicitor General or public prosecutor must commence action . The SolicitorGeneral or a public prosecutor, when directed by the President of thePhilippines, or when upon complaint or otherwise he has good reason to believethat any case specified in the preceding section can be established by proof,must commence such action. (3a)
Section 3. WhenSolicitor General or public prosecutor may commence action with permission ofcourt . The SolicitorGeneral or a public prosecutor may, with the permission of the court in whichthe action is to be commenced, bring such an action at the request and upon therelation of another person; but in such case the officer bringing it may firstrequire an indemnity for the expenses and costs of the action in an amountapproved by and to be deposited in the court by the person at whose request andupon whose relation the same is brought. (4a)
Section 4. Whenhearing had on application for permission to commence action . Upon application forpermission to commence such action in accordance with the next precedingsection, the court shall direct that notice be given to the respondent so thathe may be heard in opposition thereto; and if permission is granted, the courtshall issue an order to that effect, copies of which shall be served on allinterested parties, and the petition shall then be filed within the periodordered by the court. (5a)
Section 5. Whenan individual may commence such an action . A person claiming to be entitled to apublic office or position usurped or unlawfully held or exercised by anothermay bring an action therefor in his own name. (6)
Section 6. Partiesand contents of petition against usurpation . When the action is against a personfor usurping a public office, position or franchise, the petition shall setforth the name of the person who claim to be entitled thereto, if any, with anaverment of his right to the same and that the respondent is unlawfully inpossession thereof. All persons who claim to be entitled to the public office,position or franchise may be made parties, and their respective rights to suchpublic office, position or franchise determined, in the same action. (7a)
Section 7. Venue . An action under thepreceding six sections can be brought only in the Supreme Court, the Court ofAppeals, or in the Regional Trial Court exercising jurisdiction over theterritorial area where the respondent or any of the respondents resides, butwhen the Solicitor General commences the action, it may be brought in aRegional Trial Court in the City of Manila, in the Court of Appeals, or in theSupreme Court. (8a)
Section 8. Period for pleadingsand proceedings may be reduced ; action given precedence . The courtmay reduce the period provided by these Rules for filing pleadings and for allother proceedings in the action in order to secure the most expeditiousdetermination of the matters involved therein consistent with the rights of theparties. Such action may be given precedence over any other civil matterpending in the court. (9a)
Section 9. Judgmentwhere usurpation found . When the respondent is found guilty of usurping into,intruding into, or unlawfully holding or exercising a public office, positionor franchise, judgment shall be rendered that such respondent be ousted andaltogether excluded therefrom, and that the petitioner or relator, as the casemay be, recover his costs. Such further judgment may be rendered determiningthe respective rights in and to the public office, position or franchise of allthe parties to the action as justice requires. (10a)
Section 10. Rights of personsadjudged entitled to public office ; delivery of books and papers ; damages . If judgment be rendered in favor of the personaverred in the complaint to be entitled to the public office he may, aftertaking the oath of office and executing any official bond required by law, takeupon himself the execution of the office, and may immediately thereafter demandof the respondent all the books and papers in the respondent's custody orcontrol appertaining to the office to which the judgment relates. If therespondent refuses or neglects to deliver any book or paper pursuant to suchdemand, he may be punished for contempt as having disobeyed a lawful order ofthe court. The person adjudged entitled to the office may also bring actionagainst the respondent to recover the damages sustained by such person byreason of the usurpation. (15a)
Section 11. Limitations . Nothing contained inthis Rule shall be construed to authorize an action against a public officer oremployee for his ouster from office unless the same be commenced within one (1)year after the cause of such ouster, or the right of the petitioner to holdsuch office or position, arose, nor to authorize an action for damages inaccordance with the provisions of the next preceding section unless the same becommenced within one (1) year after the entry of the judgment establishing thepetitioner's right to the office in question. (16a)
Section 12. Judgmentfor costs . In an action broughtin accordance with the provisions of this Rule, the court may render judgmentfor costs against either the petitioner, the relator,or the respondent, or the person or persons claiming to be a corporation, ormay apportion the costs, as justice requires. (17a)
Section 1. Thecomplaint . The right of eminentdomain shall be exercised by the filing of a verified complaint which shallstate with certainty the right and purpose of expropriation, describe the realor personal property sought to be expropriated, and join as defendants allpersons owning or claiming to own, or occupying, any part thereof or interesttherein, showing, so far as practicable, the separate interest of eachdefendant. If the title to any property sought to be expropriated appears to bein the Republic of the Philippines, although occupied by private individuals,or if the title is otherwise obscure or doubtful so that the plaintiff cannotwith accuracy or certainty specify who are the real owners ,averment to that effect shall be made in the complaint. (1a)
Section 2. Entry of plaintiff upondepositing value with authorized government depositary . Upon the filing ofthe complaint or at any time thereafter and after due notice to the defendant,the plaintiff shall have the right to take or enter upon the possession of thereal property involved if he deposits with the authorized government depositaryan amount equivalent to the assessed value of the property for purposes oftaxation to be held by such bank subject to the orders of the court. Suchdeposit shall be in money, unless in lieu thereof the court authorizes thedeposit of a certificate of deposit of a government bank of the Republic of thePhilippines payable on demand to the authorized government depositary.
If personal property is involved, its value shall beprovisionally ascertained and the amount to be deposited shall be promptlyfixed by the court.
After such deposit is made the court shall order thesheriff or other proper officer to forthwith place the plaintiff in possessionof the property involved and promptly submit a report thereof to the court withservice of copies to the parties. (2a)
Section 3. Defenses and objections . If a defendant hasno objection or defense to the action or the takingof his property, he may file and serve a notice of appearance and amanifestation to that effect, specifically designating or identifying theproperty in which he claims to be interested, within the time stated in thesummons. Thereafter, he shall be entitled to notice of all proceedingsaffecting the same.
If a defendant has any objection to the filing of or theallegations in the complaint, or any objection or defense to the taking of his property, he shall serve his answer within the time statedin the summons. The answer shall specifically designate or identify theproperty in which he claims to have an interest, state the nature and extent ofthe interest claimed, and adduce all his objections and defenses to the taking of his property. No counterclaim, cross-claim or third-partycomplaint shall be alleged or allowed in the answer or any subsequent pleading.
A defendant waives all defenses and objections not so alleged but the court, in the interest of justice, maypermit amendments to the answer to be made not later than ten (10) days fromthe filing thereof. However, at the trial of the issue of just compensationwhether or not a defendant has previously appeared or answered, he may presentevidence as to the amount of the compensation to be paid for his property, andhe may share in the distribution of the award. (n)
Section 4. Orderof expropriation . If the objections toand the defenses against the right of the plaintiffto expropriate the property are overruled, or when no party appears to defendas required by this Rule, the court may issue an order of expropriationdeclaring that the plaintiff has a lawful right to take the property sought tobe expropriated, for the public use or purpose described in the complaint, uponthe payment of just compensation to be determined as of the date of the takingof the property or the filing of the complaint, whichever came first.
A final order sustaining the right to expropriate theproperty may be appealed by any party aggrieved thereby. Such appeal, however,shall not prevent the court from determining the just compensation to be paid.
After the rendition of such an order, the plaintiff shallnot be permitted to dismiss or discontinue the proceeding except on such termsas the court deems just and equitable. (4a)
Section 5. Ascertainmentof compensation . Upon the renditionof the order of expropriation, the court shall appoint not more than three (3)competent and disinterested persons as commissioners to ascertain and report tothe court the just compensation for the property sought to be taken. The orderof appointment shall designate the time and place of the first session of thehearing to be held by the commissioners and specify the time within which theirreport shall be submitted to the court.
Copies of the order shall be served on the parties.Objections to the appointment of any of the commissioners shall be filed withthe court within ten (10) days from service, and shall be resolved withinthirty (30) days after all the commissioners shall have received copies of theobjections. (5a)
Section 6. Proceedingsby commissioners . Before entering uponthe performance of their duties, the commissioners shall take and subscribe anoath that they will faithfully perform their duties as commissioners, whichoath shall be filed in court with the other proceedings in the case. Evidencemay be introduced by either party before the commissioners who are authorizedto administer oaths on hearings before them, and the commissioners shall,unless the parties consent to the contrary, after due notice to the parties, toattend, view and examine the property sought to be expropriated and itssurroundings, and may measure the same, after which either party may, byhimself or counsel, argue the case. The commissioners shall assess theconsequential damages to the property not taken and deduct from suchconsequential damages the consequential benefits to be derived by the ownerfrom the public use or purpose of the property taken, the operation of itsfranchise by the corporation or the carrying on of the business of thecorporation or person taking the property. But in no case shall theconsequential benefits assessed exceed the consequential damages assessed, orthe owner be deprived of the actual value of his property so taken. (6a)
Section 7. Reportby commissioners and judgment thereupon . The court may order the commissioners toreport when any particular portion of the real estate shall have been passedupon by them, and may render judgment upon such partial report, and direct thecommissioners to proceed with their work as to subsequent portions of theproperty sought to be expropriated, and may from time to time so deal with suchproperty. The commissioners shall make a full and accurate report to the courtof all their proceedings, and such proceedings shall not be effectual until thecourt shall have accepted their report and rendered judgment in accordance withtheir recommendations. Except as otherwise expressly ordered by the court, suchreport shall be filed within sixty (60) days from the date the commissionerswere notified of their appointment, which time may be extended in thediscretion of the court. Upon the filing of such report, the clerk of the courtshall serve copies thereof on all interested parties, with notice that they areallowed ten (10) days within which to file objections to the findings of thereport, if they so desire. (7a)
Section 8. Actionupon commissioners 'report . Upon the expiration of the period of ten (10) days referred to in thepreceding section, or even before the expiration of such period but after all theinterested parties have filed their objections to the report or their statementof agreement therewith, the court may, after hearing, accept the report andrender judgment in accordance therewith, or, for cause shown, it may recommitthe same to the commissioners for further report of facts, or it may set asidethe report and appoint new commissioners; or it may accept the report in partand reject it in part and it may make such order or render such judgment asshall secure to the plaintiff the property essential to the exercise of hisright of expropriation, and to the defendant just compensation for the propertyso taken. (8a)
Section 9. Uncertainownership ;conflicting claims . If the ownership of the property taken isuncertain, or there are conflicting claims to any part thereof, the court mayorder any sum or sums awarded as compensation for the property to be paid tothe court for the benefit of the person adjudged in the same proceeding to beentitled thereto. But the judgment shall require the payment of the sum or sumsawarded to either the defendant or the court before the plaintiff can enterupon the property, or retain it for the public use or purpose if entry hasalready been made. (9a)
Section 10. Rightsof plaintiff after judgment and payment . Upon payment by the plaintiff to thedefendant of the compensation fixed by the judgment, with legal interestthereon from the taking of the possession of the property, or after tender tohim of the amount so fixed and payment of the costs, the plaintiff shall havethe right to enter upon the property expropriated and to appropriate it for thepublic use or purpose defined in the judgment, or to retain it should he havetaken immediate possession thereof under the provisions of section 2 hereof. Ifthe defendant and his counsel absent themselves fromthe court, or decline to receive the amount tendered, the same shall be orderedto be deposited in court and such deposit shall have the same effect as actualpayment thereof to the defendant or the person ultimately adjudged entitledthereto. (10a)
Section 11. Entry not delayed byappeal ;effect of reversal . The right of the plaintiff to enter upon theproperty of the defendant and appropriate the same for public use or purposeshall not be delayed by an appeal from the judgment. But if the appellate courtdetermines that plaintiff has no right of expropriation, judgment shall berendered ordering the Regional Trial Court to forthwith enforce the restorationto the defendant of the possession of the property, and to determine thedamages which the defendant sustained and may recover by reason of thepossession taken by the plaintiff. (11a)
Section 12. Costs, by whom paid . The fees of the commissioners shall betaxed as a part of the costs of the proceedings. All costs, except those ofrival claimants litigating their claims, shall be paid by the plaintiff, unlessan appeal is taken by the owner of the property and the judgment is affirmed,in which event the costs of the appeal shall be paid by the owner. (12a)
Section 13. Recordingjudgment ,and its effect . The judgment entered in expropriation proceedings shallstate definitely, by an adequate description, the particular property orinterest therein expropriated, and the nature of the public use or purpose forwhich it is expropriated. When real estate is expropriated, a certified copy ofsuch judgment shall be recorded in the registry of deeds of the place in whichthe property is situated, and its effect shall be to vest in the plaintiff the titleto the real estate so described for such public use or purpose. (13a)
Section 14. Powerof guardian in such proceedings . The guardian or guardian ad litem ofa minor or of a person judicially declared to be incompetent may, with theapproval of the court first had, do and perform on behalf of his ward any act,matter, or thing respecting the expropriation for public use or purpose ofproperty belonging to such minor or person judicially declared to beincompetent, which such minor or person judicially declared to be incompetentcould do in such proceedings if he were of age or competent. (14a)
Foreclosure of RealEstate Mortgage
Section 1. Complaintin action for foreclosure . In an action for the foreclosure of a mortgage or otherencumbrance upon real estate, the complaint shall set forth the date and dueexecution of the mortgage; its assignments, if any; the names and residences ofthe mortgagor and the mortgagee; a description of the mortgaged property; astatement of the date of the note or other documentary evidence of theobligation secured by the mortgage, the amount claimed to be unpaid thereon;and the names and residences of all persons having or claiming an interest inthe property subordinate in right to that of the holder of the mortgage, all ofwhom shall be made defendants in the action. (1a)
Section 2. Judgmenton foreclosure for payment or sale . If upon the trial in such action the courtshall find the facts set forth in the complaint to be true, it shall ascertainthe amount due to the plaintiff upon the mortgage debt or obligation, includinginterest and other charges as approved by the court, and costs, and shallrender judgment for the sum so found due and order that the same be paid to thecourt or to the judgment obligee within a period ofnot less than ninety (90) days nor more than one hundred twenty (120) days fromthe entry of judgment, and that in default of such payment the property shallbe sold at public auction to satisfy the judgment. (2a)
Section 3. Saleof mortgaged property ;effect . When the defendant, after being directed to do so as provided in the nextpreceding section, fails to pay the amount of the judgment within the periodspecified therein, the court, upon motion, shall order the property to be soldin the manner and under the provisions of Rule 39 and other regulationsgoverning sales of real estate under execution. Such sale shall not affect therights of persons holding prior encumbrances upon the property or a partthereof, and when confirmed by an order of the court, also upon motion, itshall operate to divest the rights in the property of all the parties to theaction and to vest their rights in the purchaser, subject to such rights ofredemption as may be allowed by law.
Upon the finality of the order of confirmation or upon theexpiration of the period of redemption when allowed by law, the purchaser atthe auction sale or last redemptioner , if any, shallbe entitled to the possession of the property unless a third party is actuallyholding the same adversely to the judgment obligor. The said purchaser or last redemptioner may secure a writ of possession, upon motion,from the court which ordered the foreclosure. (3a)
Section 4. Dispositionof proceeds of sale . The amount realizedfrom the foreclosure sale of the mortgaged property shall, after deducting thecosts of the sale, be paid to the person foreclosing the mortgage, and whenthere shall be any balance or residue, after paying off the mortgage debt due,the same shall be paid to junior encumbrancers in the order of their priority,to be ascertained by the court, or if there be no such encumbrancers or therebe a balance or residue after payment to them, then to the mortgagor or hisduly authorized agent, or to the person entitled to it. (4a)
Section 5. How sale to proceed in case the debt is not all due . If the debt forwhich the mortgage or encumbrance was held is not all due as provided in thejudgment as soon as a sufficient portion of the property has been sold to paythe total amount and the costs due, the sale shall terminate; and afterwards asoften as more becomes due for principal or interest and other valid charges,the court may, on motion, order more to be sold. But if the property cannot besold in portions without prejudice to the parties, the whole shall be orderedto be sold in the first instance, and the entire debt and costs shall be paid,if the proceeds of the sale be sufficient therefor, there being a rebate ofinterest where such rebate is proper. (5a)
Section 6. Deficiencyjudgment . If upon the sale ofany real property as provided in the next preceding section there be a balancedue to the plaintiff after applying the proceeds of the sale, the court, uponmotion, shall render judgment against the defendant for any such balance forwhich, by the record of the case, he may be personally liable to the plaintiff,upon which execution may issue immediately if the balance is all due at thetime of the rendition of the judgment; otherwise; the plaintiff shall beentitled to execution at such time as the balance remaining becomes due underthe terms of the original contract, which time shall be stated in the judgment.(6a)
Section 7. Registration . A certified copy ofthe final order of the court confirming the sale shall be registered in theregistry of deeds. If no right of redemption exists, the certificate of titlein the name of the mortgagor shall be cancelled, and a new one issued in thename of the purchaser.
Where a right of redemption exists, the certificate oftitle in the name of the mortgagor shall not be cancelled, but the certificateof sale and the order confirming the sale shall be registered and a briefmemorandum thereof made by the registrar of deeds upon the certificate of title.In the event the property is redeemed, the deed of redemption shall beregistered with the registry of deeds, and a brief memorandum thereof shall bemade by the registrar of deeds on said certificate of title.
If the property is not redeemed, the final deed of saleexecuted by the sheriff in favor of the purchaser atthe foreclosure sale shall be registered with the registry of deeds; whereuponthe certificate of title in the name of the mortgagor shall be cancelled and anew one issued in the name of the purchaser. (n)
Section 8. Applicabilityof other provisions . The provisions ofsections 31, 32 and 34 of Rule 39 shall be applicable to the judicialforeclosure of real estate mortgages under this Rule insofar as the former arenot inconsistent with or may serve to supplement the provisions of the latter.(8a)
Section 1. Complaintin action for partition of real estate . A person having the right to compel thepartition of real estate may do so as provided in this Rule, setting forth inhis complaint the nature and extent of his title and an adequate description ofthe real estate of which partition is demanded and joining as defendants allother persons interested in the property. (1a)
Section 2. Orderfor partition and partition by agreement thereunder . If after the trialthe court finds that the plaintiff has the right thereto, it shall order thepartition of the real estate among all the parties in interest. Thereupon theparties may, if they are able to agree, make the partition among themselves byproper instruments of conveyance, and the court shall confirm the partition soagreed upon by all the parties, and such partition, together with the order ofthe court confirming the same, shall be recorded in the registry of deeds ofthe place in which the property is situated. (2a)
A final order decreeing partition and accounting may beappealed by any party aggrieved thereby. (n)
Section 3. Commissionersto make partition when parties fail to agree . If the parties are unable to agreeupon the partition, the court shall appoint not more than three (3) competentand disinterested persons as commissioners to make the partition, commandingthem to set off to the plaintiff and to each party in interest such part andproportion of the property as the court shall direct. (3a)
Section 4. Oathand duties of commissioners . Before making such partition; the commissioners shalltake and subscribe an oath that they will faithfully perform their duties ascommissioners, which oath shall be filed in court with the other proceedings inthe case. In making the partition, the commissioners shall view and examine thereal estate, after due notice to the parties to attend at such view andexamination, and shall hear the parties as to their preference in the portionof the property to be set apart to them and the comparative value thereof, andshall set apart the same to the parties in lots or parcels as will be mostadvantageous and equitable, having due regard to the improvements, situationand quality of the different parts thereof. (4a)
Section 5. Assignmentor sale of real estate by commissioners . When it is made to appear to thecommissioners that the real state, or a portion thereof, cannot be dividedwithout prejudice to the interests of the parties, the court may order itassigned to one of the parties willing to take the same, provided he pays tothe other parties such amount as the commissioners deem equitable, unless oneof the interested parties asks that the property be sold instead of being soassigned, in which case the court shall order the commissioners to sell thereal estate at public sale under such conditions and within such time as thecourt may determine. (5a)
Section 6. Reportof commissioners ;proceedings not binding until confirmed . The commissionersshall make a full and accurate report to the court of all their proceedings asto the partition, or the assignment of real estate to one of the parties, orthe sale of the same. Upon the filing of such report, the clerk of court shallserve copies thereof on all the interested parties with notice that they areallowed ten (10) days within which to file objections to the findings of thereport, if they so desire. No proceeding had before or conducted by thecommissioners and rendered judgment thereon. (6a)
Section 7. Action of the courtupon commissioners report . Upon the expirationof the period of ten (10) days referred to in the preceding section or evenbefore the expiration of such period but after the interested parties havefiled their objections to the report or their statement of agreement therewiththe court may, upon hearing, accept the report and render judgment inaccordance therewith, or, for cause shown recommit the same to the commissionersfor further report of facts; or set aside the report and appoint newcommissioners; or accept the report in part and reject it in part; and may makesuch order and render such judgment as shall effectuate a fair and justpartition of the real estate, or of its value, if assigned or sold as aboveprovided, between the several owners thereof. (7)
Section 8. Accountingfor rent and profits in action for partition . In an action for partition inaccordance with this Rule, a party shall recover from another his just share ofrents and profits received by such other party from the real estate inquestion, and the judgment shall include an allowance for such rents andprofits. (8a)
Section 9. Powerof guardian in such proceedings . The guardian or guardian ad litem ofa minor or person judicially declared to be incompetent may, with the approvalof the court first had, do and perform on behalf of his ward any act, matter,or thing respecting the partition of real estate, which the minor or person judiciallydeclared to be incompetent could do in partition proceedings if he were of ageor competent. (9a)
Section 10. Costsand expenses to be taxed and collected . The court shall equitably tax and apportionbetween or among the parties the costs and expenses which accrue in the action,including the compensation of the commissioners, having regard to the interestsof the parties, and execution may issue therefor as in other cases. (10a)
Section 11. Thejudgment and its effect ; copy to be recorded in registry of deeds . If actual partitionof property is made, the judgment shall state definitely, by metes and boundsand adequate description, the particular portion of the real estate assigned toeach party, and the effect of the judgment shall be to vest in each party tothe action in severalty the portion of the real estate assigned to him. If thewhole property is assigned to one of the parties upon his paying to the othersthe sum or sums ordered by the court, the judgment shall state the fact of suchpayment and of the assignment of the real estate to the party making thepayment, and the effect of the judgment shall be to vest in the party makingthe payment the whole of the real estate free from any interest on the part ofthe other parties to the action. If the property is sold and the sale confirmedby the court, the judgment shall state the name of the purchaser or purchasersand a definite description of the parcels of real estate sold to eachpurchaser, and the effect of the judgment shall be to vest the real estate inthe purchaser or purchasers making the payment or payments, free from theclaims of any of the parties to the action. A certified copy of the judgmentshall in either case be recorded in the registry of deeds of the place in whichthe real estate is situated, and the expenses of such recording shall be taxedas part of the costs of the action. (11a)
Section 12. Neither paramountrights nor amicable partition affected by this Rule . Nothing in thisRule contained shall be construed so as to prejudice, defeat, or destroy theright or title of any person claiming the real estate involved by title underany other person, or by title paramount to the title of the parties among whomthe partition may have been made, nor so as to restrict or prevent personsholding real estate jointly or in common from making an amicable partitionthereof by agreement and suitable instruments of conveyance without recourse toan action. (12a)
Section 13. Partitionof personal property . The provisions of thisRule shall apply to partitions of estates composed of personal property, or ofboth real and personal property, in so far as the same may be applicable. (13)
Forcible Entry andUnlawful Detainer
Section 1. Who may instituteproceedings ,and when . Subject to the provisions of the next succeeding section, aperson deprived of the possession of any land or building by force,intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, orother person against whom the possession of any land or building is unlawfullywithheld after the expiration or termination of the right to hold possession,by virtue of any contract, express or implied, or the legal representatives orassigns of any such lessor, vendor, vendee, or other person, may, at any timewithin one (1) year after such unlawful deprivation or withholding ofpossession, bring an action in the proper Municipal Trial Court against theperson or persons unlawfully withholding or depriving of possession, or anyperson or persons claiming under them, for the restitution of such possession,together with damages and costs. (1a)
Section 2. Lessorto proceed against lessee only after demand . Unless otherwise stipulated, suchaction by the lesser shall be commenced only after demand to pay or comply withthe conditions of the lease and to vacate is made upon the lessee, or byserving written notice of such demand upon the person found on the premises ifno person be found thereon, and the lessee fails to comply therewith afterfifteen (15) days in the case of land or five (5) days in the case ofbuildings. (2a)
Section 3. Summaryprocedure . Except in casescovered by the agricultural tenancy laws or when the law otherwise expresslyprovides, all actions for forcible entry and unlawful detainer, irrespective ofthe amount of damages or unpaid rentals sought to be recovered, shall begoverned by the summary procedure hereunder provided. (n)
Section 4. Pleadings allowed . The only pleadingsallowed to be filed are the complaint, compulsory counterclaim and cross-claimpleaded in the answer, and the answers thereto. All pleadings shall beverified. (3a, RSP)
Section 5. Actionon complaint . The court may, froman examination of the allegations in the complaint and such evidence as may beattached thereto, dismiss the case outright on any of the grounds for thedismissal of a civil action which are apparent therein. If no ground fordismissal is found, it shall forthwith issue summons. (n)
Section 6. Answers . Within ten (10) daysfrom service of summons, the defendant shall file his answer to the complaintand serve a copy thereof on the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, exceptlack of jurisdiction over the subject matter. Cross-claims and compulsorycounterclaims not asserted in the answer shall be considered barred. The answerto counterclaims or cross-claims shall be served and filed within ten (10) daysfrom service of the answer in which they are pleaded. (5 RSP)
Section 7. Effectof failure to answer . Should the defendantfail to answer the complaint within the period above provided, the court, motu proprio or onmotion of the plaintiff, shall render judgment as may be warranted by the factsalleged in the complaint and limited to what is prayed for therein. The courtmay in its discretion reduce the amount of damages and attorney's fees claimedfor being excessive or otherwise unconscionable, without prejudice to theapplicability of section 3 (c), Rule 9 if there are two or more defendants. (6,RSP)
Section 8. Preliminaryconference ;appearance of parties . Not later than thirty (30) days after thelast answer is filed, a preliminary conference shall be held. The provisions ofRule 18 on pre-trial shall be applicable to the preliminary conference unlessinconsistent with the provisions of this Rule.
The failure of the plaintiff to appear in the preliminaryconference shall be cause for the dismissal of his complaint. The defendant whoappears in the absence of the plaintiff shall be entitled to judgment on hiscounterclaim in accordance with the next preceding section. All cross-claimsshall be dismissed. (7, RSP)
If a sole defendant shall fail to appear, the plaintiffshall likewise be entitled to judgment in accordance with the next precedingsection. This procedure shall not apply where one of two or more defendantssued under a common cause of action defense shallappear at the preliminary conference.
No postponement of the preliminary conference shall begranted except for highly meritorious grounds and without prejudice to suchsanctions as the court in the exercise of sound discretion may impose on themovant. (n)
Section 9. Recordof preliminary conference . Within five (5) days after the termination of thepreliminary conference, the court shall issue an order stating the matterstaken up therein, including but not limited to:
1. Whether the parties have arrived at an amicablesettlement, and if so, the terms thereof;
2. The stipulations or admissions entered into by theparties;
3. Whether, on the basis of the pleadings and thestipulations and admission made by the parties, judgment may be renderedwithout the need of further proceedings, in which event the judgment shall berendered within thirty (30) days from issuance of the order;
4. A clear specification of material facts which remainconverted; and
5. Such other matters intended to expedite the dispositionof the case. (8, RSP)
Section 10. Submissionof affidavits and position papers . Within ten (10) days from receipt of theorder mentioned in the next preceding section, the parties shall submit theaffidavits of their witnesses and other evidence on the factual issues definedin the order, together with their position papers setting forth the law and thefacts relied upon by them. (9, RSP)
Section 11. Periodfor rendition of judgment . Within thirty (30) days after receipt of the affidavitsand position papers, or the expiration of the period for filing the same, thecourt shall render judgment.
However, should the court find it necessary to clarifycertain material facts, during the said period, issue an order specifying thematters to be clarified, and require the parties to submit affidavits or otherevidence on the said matters within ten (10) days from receipt of said order. Judgment shall be rendered within fifteen (15) daysafter the receipt of the last affidavit or the expiration of the period forfiling the same.
The court shall not resort to the foregoing procedure justto gain time for the rendition of the judgment. (n)
Section 12. Referralfor conciliation . Cases requiringreferral for conciliation, where there is no showing of compliance with suchrequirement, shall be dismissed without prejudice, and may be revived onlyafter that requirement shall have been complied with. (18a, RSP)
Section 13. Prohibitedpleadings and motions . The followingpetitions, motions, or pleadings shall not be allowed:
1. Motion to dismiss the complaint except on the ground oflack of jurisdiction over the subject matter, or failure to comply with section12;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of ajudgment, or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings,affidavits or any other paper;
7. Petition for certiorari , mandamus , orprohibition against any interlocutory order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
11. Third-party complaints;
12. Interventions. (19a, RSP)
Section 14. Affidavits . The affidavitsrequired to be submitted under this Rule shall state only facts of directpersonal knowledge of the affiants which are admissible in evidence, and shallshow their competence to testify to the matters stated therein.
A violation of this requirement may subject the party orthe counsel who submits the same to disciplinary action, and shall be cause toexpunge the inadmissible affidavit or portion thereof from the record. (20,RSP)
Section 15. Preliminaryinjunction . The court may grantpreliminary injunction, in accordance with the provisions of Rule 58 hereof, toprevent the defendant from committing further acts of dispossession against theplaintiff.
A possessor deprived of his possession through forciblefrom the filing of the complaint, present a motion inthe action for forcible entry or unlawful detainer for the issuance of a writof preliminary mandatory injunction to restore him in his possession. The courtshall decide the motion within thirty (30) days from the filing thereof. (3a)
Section 16. Resolvingdefense of ownership . When the defendantraises the defense of ownership in his pleadings and thequestion of possession cannot be resolved without deciding the issue ofownership, the issue of ownership shall be resolved only to determine the issueof possession. (4a)
Section 17. Judgment . If after trial courtfinds that the allegations of the complaint are true, it shall render judgmentin favor of the plaintiff for the restitution of thepremises, the sum justly due as arrears of rent or as reasonable compensationfor the use and occupation of the premises, attorney's fees and costs. If acounterclaim is established, the court shall render judgment for the sum foundin arrears from either party and award costs as justice requires. (6a)
Section 18. Judgmentconclusive only on possession ; not conclusive in actions involving titleor ownership . The judgment rendered in an action for forcible entry or detainer shall beconclusive with respect to the possession only and shall in no wise bind thetitle or affect the ownership of the land or building. Such judgment shall notbar an action between the same parties respecting title to the land orbuilding.
The judgment or final order shall be appealable to theappropriate Regional Trial Court which shall decide the same on the basis ofthe entire record of the proceedings had in the court of origin and suchmemoranda and/or briefs as may be submitted by the parties or required by theRegional Trial Court. (7a)
Section 19. Immediateexecution of judgment ;how to stay same . If judgment is rendered against the defendant, executionshall issue immediately upon motion unless an appeal has been perfected and thedefendant to stay execution files a sufficient supersedeas bond, approved by the Municipal Trial Court and executed in favor of the plaintiff to pay the rents, damages, and costs accruing down to the timeof the judgment appealed from, and unless, during the pendency of the appeal,he deposits with the appellate court the amount of rent due from time to timeunder the contract, if any, as determined by the judgment of the MunicipalTrial Court. In the absence of a contract, he shall deposit with the RegionalTrial Court the reasonable value of the use and occupation of the premises forthe preceding month or period at the rate determined by the judgment of thelower court on or before the tenth day of each succeeding month or period. The supersedeas bond shall be transmitted by the MunicipalTrial Court, with the papers, to the clerk of the Regional Trial Court to whichthe action is appealed.
All amounts so paid to the appellate court shall be depositedwith said court or authorized government depositary bank, and shall be heldthere until the final disposition of the appeal, unless the court, by agreementof the interested parties, or in the absence of reasonable grounds ofopposition to a motion to withdraw, or for justifiable reasons, shall decreeotherwise. Should the defendant fail to make the payments above prescribed fromtime to time during the pendency of the appeal, the appellate court, uponmotion of the plaintiff, and upon proof of such failure, shall order theexecution of the judgment appealed from with respect to the restoration ofpossession, but such execution shall not be a bar to the appeal taking itscourse until the final disposition thereof on the merits.
After the case is decided by the Regional Trial Court, anymoney paid to the court by the defendant for purposes of the stay of executionshall be disposed of in accordance with the provisions of the judgment of theRegional Trial Court. In any case wherein it appears that the defendant hasbeen deprived of the lawful possession of land or building pending the appealby virtue of the execution of the judgment of the Municipal Trial Court,damages for such deprivation of possession and restoration of possession andrestoration of possession may be allowed the defendant in the judgment of theRegional Trial Court disposing of the appeal. (8a)
Section 20. Preliminarymandatory injunction in case of appeal . Upon motion of the plaintiff, within ten(10) days from the perfection of the appeal to the Regional Trial Court, thelatter may issue a writ of preliminary mandatory injunction to restore theplaintiff in possession if the court is satisfied that the defendant's appealis frivolous or dilatory or that the appeal of the plaintiff is prima facie meritorious.(9a)
Section 21. Immediateexecution on appeal to Court of Appeals or Supreme Court . The judgment of theRegional Trial Court against the defendant shall be immediately executory,without prejudice to a further appeal that may be taken therefrom. (10a)
Section 1. Direct contemptpunished summarily . A person guilty of misbehavior in the presence ofor so near a court as to obstruct or interrupt the proceedings before the same,including disrespect toward the court, offensive personalities toward others,or refusal to be sworn or to answer as a witness, or to subscribe an affidavitor deposition when lawfully required to do so, may be summarily adjudged incontempt by such court and punished by a fine not exceeding two thousand pesosor imprisonment not exceeding ten (10) days, or both, if it be a Regional TrialCourt or a court of equivalent or higher rank, or by a fine not exceeding twohundred pesos or imprisonment not exceeding one (1) day, or both, if it be alower court. (1a)
Section 2. Remedy therefrom . The person adjudgedin direct contempt by any court may not appeal therefrom, but may avail himselfof the remedies of certiorari or prohibition. The execution of thejudgment shall be suspended pending resolution of such petition, provided suchperson files a bond fixed by the court which rendered the judgment andconditioned that he will abide by and perform the judgment should the petitionbe decided against him. (2a)
Section 3. Indirectcontempt to be punished after charge and hearing . After a charge inwriting has been filed, and an opportunity given to the respondent to commentthereon within such period as may be fixed by the court and to be heard byhimself or counsel, a person guilty of any of the following acts may bepunished for indirect contempt;
(a) Misbehavior of an officer ofa court in the performance of his official duties or in his officialtransactions;
(b) Disobedience of or resistance to a lawful writ,process, order, or judgment of a court, including the act of a person who,after being dispossessed or ejected from any real property by the judgment orprocess of any court of competent jurisdiction, enters or attempts or inducesanother to enter into or upon such real property, for the purpose of executingacts of ownership or possession, or in any manner disturbs the possession givento the person adjudged to be entitled thereto;
(c) Any abuse of or any unlawful interference with theprocesses or proceedings of a court not constituting direct contempt undersection 1 of this Rule;
(d) Any improper conduct tending, directly or indirectly,to impede, obstruct, or degrade the administration of justice;
(e) Assuming to be an attorney or an officer of a court,and acting as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a person orproperty in the custody of an officer by virtue of an order or process of acourt held by him.
But nothing in this section shall be so construed as toprevent the court from issuing process to bring the respondent into court, orfrom holding him in custody pending such proceedings. (3a)
Section 4. How proceedingscommenced . Proceedings for indirect contempt may be initiated motu propio by the court against which the contemptwas committed by an order or any other formal charge requiring the respondentto show cause why he should not be punished forcontempt.
In all other cases, charges for indirect contempt shall becommenced by a verified petition with supporting particulars and certified truecopies of documents or papers involved therein, and upon full compliance withthe requirements for filing initiatory pleadings for civil actions in the courtconcerned. If the contempt charges arose out of or are related to a principalaction pending in the court, the petition for contempt shall allege that factbut said petition shall be docketed, heard and decided separately, unless thecourt in its discretion orders the consolidation of the contempt charge and theprincipal action for joint hearing and decision. (n)
Section 5. Where charge to befiled . Where the charge for indirect contempt has been committed against a RegionalTrial Court or a court of equivalent or higher rank, or against an officerappointed by it, the charge may be filed with such court. Where such contempthas been committed against a lower court, the charge may be filed with theRegional Trial Court of the place in which the lower court is sitting; but theproceedings may also be instituted in such lower court subject to appeal to theRegional Trial Court of such place in the same manner as provided in section 11of this Rule.
Section 6. Hearing ; release on bail . If the hearing is not ordered to be had forthwith, the respondent may bereleased from custody upon filing a bond, in an amount fixed by the court, forhis appearance at the hearing of the charge. On the day set therefor, the courtshall proceed to investigate the charge and consider such comment, testimony ordefense as the respondent may make or offer. (5a)
Section 7. Punishmentfor indirect contempt . If the respondent isadjudged guilty of indirect contempt committed against a Regional Trial Courtor a court of equivalent or higher rank, he may be punished by a fine notexceeding thirty thousand pesos or imprisonment not exceeding six (6) months,or both. If he is adjudged guilty of contempt committed against a lower court,he may be punished by a fine not exceeding five thousand pesos or imprisonmentnot exceeding one (1) month, or both. If the contempt consists in the violationof a writ of injunction, temporary restraining order or status quo order,he may also be ordered to make complete restitution to the party injured bysuch violation of the property involved or such amount as may be alleged andproved.
The writ of execution, as in ordinary civil actions, shallissue for the enforcement of a judgment imposing a fine unless the courtotherwise provides. (6a)
Section 8. Imprisonment untilorder obeyed . When the contempt consists in the refusal or omission to do an act which isyet in the power of the respondent to perform, he may be imprisoned by order ofthe court concerned until he performs it. (7a)
Section 9. Proceeding when partyreleased on bail fails to answer . When a respondent released on bail fails toappear on the day fixed for the hearing, the court may issue another order ofarrest or may order the bond for his appearance to be forfeited andconfiscated, or both; and, if the bond be proceeded against, the measure ofdamages shall be the extent of the loss or injury sustained by the aggrievedparty by reason of the misconduct for which the contempt charge was prosecuted,with the costs of the proceedings, and such recovery shall be for the benefitof the
party injured. If there isno aggrieved party, the bond shall be liable and disposed of as in criminalcases. (8a)
Section 10. Court may releaserespondent . The court which issued the order imprisoning a person for contempt maydischarge him from imprisonment when it appears that public interest will notbe prejudiced by his release. (9a)
Section 11. Reviewof judgment or final order ; bond for stay . The judgment orfinal order of a court in a case of indirect contempt may be appealed to theproper court as in criminal cases. But execution of the judgment or final ordershall not be suspended until a bond is filed by the person adjudged incontempt, in an amount fixed by the court from which the appeal is taken,conditioned that if the appeal be decided against him he will abide by andperform the judgment or final order. (10a)
Section 12. Contemptagainst quasi-judicial entities . Unless otherwise provided by law, this Ruleshall apply to contempt committed against persons, entities, bodies or agenciesexercising quasi-judicial functions, or shall have suppletory effect to such rules as they may have adopted pursuant to authority granted tothem by law to punish for contempt. The Regional Trial Court of the placewherein the contempt has been committed shall have jurisdiction over suchcharges as may be filed therefor. (n)