Rule 37​ New Trial or Reconsiderations RULE 63

Rule 38​ Relief from Judgments, Orders, or Other

Proceedings Declaratory Relief and Similar Remedies
Rule 39​ Execution, Satisfaction and Effect of Judgments
Rule 40​ Appeal From Municipal Trial Courts to the Section 1. Who may file petition. — Any person
interested under a deed, will, contract or other
Regional Trial Courts
written instrument, or whose rights are affected by
Rule 41​ Appeal From The Regional Trial Courts
a statute, executive order or regulation, ordinance,
Rule 42​ Petition for Review From the Regional Trial
or any other governmental regulation may, before
Courts to the Court of Appeals
breach or violation thereof bring an action in the
Rule 43​ Appeals From the Court of Tax Appeals and
appropriate Regional Trial Court to determine any
Quasi-Judicial Agencies to the Court of Appeals question of construction or validity arising, and for
Rule 44​ Ordinary Appealed Cases a declaration of his rights or duties, thereunder.
Rule 45​ Appeal by Certiorari to the Supreme Court (Bar Matter No. 803, 17 February 1998)
Rule 46​ Original Cases
Rule 47​ Annulment of Judgments of Final Orders and An action for the reformation of an instrument, to
Resolutions quiet title to real property or remove clouds
Rule 48​ Preliminary Conference therefrom, or to consolidate ownership under
Rule 49​ Oral Argument Article 1607 of the Civil Code, may be brought
Rule 50​ Dismissal of Appeal under this Rule. (1a, R64)
Rule 51​ Judgment
Section 2. Parties. — All persons who have or
Rule 52​ Motion for Reconsideration
claim any interest which would be affected by the
Rule 53​ New Trial
declaration shall be made parties; and no
Rule 54​ Internal Business
declaration shall, except as otherwise provided in
Rule 55​ Publications of Judgments and Final Resolutions
these Rules, prejudice the rights of persons not
Rule 56​ Original / Appealed Cases
parties to the action. (2a, R64)
Rule 57​ Preliminary Attachment
Rule 58​ Preliminary Injunction Section 3. Notice on Solicitor General. — In any
Rule 59​ Receivership action which involves the validity of a statute,
Rule 60​ Replevin executive order or regulation, or any other
Rule 61​ Support Pendente Lite governmental regulation, the Solicitor General shall
Rule 62​ Interpleader be notified by the party assailing the same and
Rule 63​ Declaratory Relief and Similar Remedies shall be entitled to be heard upon such question.
Rule 64​ Review of Judgments and Final Orders or (3a, R64)
Resolutions of the Commission on Elections and the
Commission on Audit Section 4. Local government ordinances. — In
any action involving the validity of a local
Rule 65​ Certiorari, Prohibition and Mandamus
government ordinance, the corresponding
Rule 66​ Quo Warranto
prosecutor or attorney of the local governmental
Rule 67​ Expropriation
unit involved shall be similarly notified and entitled
Rule 68​ Foreclosure of Real Estate Mortgage
to be heard. If such ordinance is alleged to be
Rule 69​ Partition unconstitutional, the Solicitor General shall also be
Rule 70​ Forcible Entry and Unlawful Detainer notified and entitled to be heard. (4a, R64)
Rule 71​ Contempt
Section 5. Court action discretionary. — Except
in actions falling under the second paragraph of
section 1 of this Rule, the court, motu proprio or
upon motion, may refuse to exercise the power to
declare rights and to construe instruments in any
case where a decision would not terminate the Section 4. Docket and other lawful fees. —
uncertainty or controversy which gave rise to the Upon the filing of the petition, the petitioner
action, or in any case where the declaration or shall pay to the clerk of court the docket and
construction is not necessary and proper under the
other lawful fees and deposit the amount of
circumstances. (5a, R64)
P500.00 for costs. (n)
Section 6. Conversion into ordinary action. — If
before the final termination of the case, a breach or
Section 5. Form and contents of petition. —
violation of an instrument or a statute, executive The petition shall be verified and filed in
order or regulation, ordinance, or any other eighteen (18) legible copies. The petition shall
governmental regulation should take place, the name the aggrieved party as petitioner and
action may thereupon be converted into an shall join as respondents the Commission
ordinary action, and the parties shall be allowed to concerned and the person or persons
file such pleadings as may be necessary or proper. interested in sustaining the judgment, final
(6a, R64) order or resolution a quo. The petition shall
state the facts with certainty, present clearly
RULE 64
the issues involved, set forth the grounds and
Review of Judgments and Final Orders or brief arguments relied upon for review, and
Resolutions of the Commission on pray for judgment annulling or modifying the
Elections and the Commission on Audit questioned judgment, final order or resolution.
Findings of fact of the Commission supported
Section 1. Scope. — This Rule shall govern by substantial evidence shall be final and
the review of judgments and final orders or non-reviewable.
resolutions of the Commission on Elections
and the Commission on Audit. (n) The petition shall be accompanied by a clearly
legible duplicate original or certified true copy
Section 2. Mode of review. — A judgment or of the judgment, final order or resolution
final order or resolution of the Commission on subject thereof, together with certified true
Elections and the Commission on Audit may copies of such material portions of the record
be brought by the aggrieved party to the as are referred to therein and other
Supreme Court on certiorari under Rule 65, documents relevant and pertinent thereto. The
except as hereinafter provided. (n; Bar Matter requisite number of copies of the petition shall
No. 803, 17 February 1998) contain plain copies of all documents attached
to the original copy of said petition.
Section 3. Time to file petition. — The
petition shall be filed within thirty (30) days The petition shall state the specific material
from notice of the judgment or final order or dates showing that it was filed within the
resolution sought to be reviewed. The filing of period fixed herein, and shall contain a sworn
a motion for new trial or reconsideration of certification against forum shopping as
said judgment or final order or resolution, if provided in the third paragraph of section 3,
allowed under the procedural rules of the Rule 46.
Commission concerned, shall interrupt the
period herein fixed. If the motion is denied, the The petition shall further be accompanied by
aggrieved party may file the petition within the proof of service of a copy thereof on the
remaining period, but which shall not be less Commission concerned and on the adverse
than five (5) days in any event, reckoned from party, and of the timely payment of docket and
notice of denial. (n) other lawful fees.
The failure of petitioner to comply with any of RULE 65
the foregoing requirements shall be sufficient
ground for the dismissal of the petition. (n) Certiorari, Prohibition and Mandamus

Section 6. Order to comment. — If the Section 1. Petition for certiorari. — When

Supreme Court finds the petition sufficient in any tribunal, board or officer exercising judicial
form and substance, it shall order the or quasi-judicial functions has acted without or
respondents to file their comments on the in excess its or his jurisdiction, or with grave
petition within ten (10) days from notice abuse of discretion amounting to lack or
thereof; otherwise, the Court may dismiss the excess of jurisdiction, and there is no appeal,
petition outright. The Court may also dismiss or any plain, speedy, and adequate remedy in
the petition if it was filed manifestly for delay the ordinary course of law, a person aggrieved
or the questions raised are too unsubstantial thereby may file a verified petition in the
to warrant further proceedings. (n) proper court, alleging the facts with certainty
and praying that judgment be rendered
Section 7. Comments of respondents. — annulling or modifying the proceedings of
The comments of the respondents shall be such tribunal, board or officer, and granting
filed in eighteen (18) legible copies. The such incidental reliefs as law and justice may
original shall be accompanied by certified true require.
copies of such material portions of the record
as are referred to therein together with other The petition shall be accompanied by a
supporting papers. The requisite number of certified true copy of the judgment, order or
copies of the comments shall contain plain resolution subject thereof, copies of all
copies of all documents attached to the pleadings and documents relevant and
original and a copy thereof shall be served on pertinent thereto, and a sworn certification of
the petitioner. non-forum shopping as provided in the third
paragraph of section 3, Rule 46. (1a)
No other pleading may be filed by any party
unless required or allowed by the Court. (n) Section 2. Petition for prohibition. — When
the proceedings of any tribunal, corporation,
Section 8. Effect of filing. — The filing of a board, officer or person, whether exercising
petition for certiorari shall not stay the judicial, quasi-judicial or ministerial functions,
execution of the judgment or final order or are without or in excess of its or his
resolution sought to be reviewed, unless the jurisdiction, or with grave abuse of discretion
Supreme Court shall direct otherwise upon amounting to lack or excess of jurisdiction,
such terms as it may deem just. (n) and there is no appeal or any other plain,
speedy, and adequate remedy in the ordinary
Section 9. Submission for decision. — course of law, a person aggrieved thereby
Unless the Court sets the case for oral may file a verified petition in the proper court,
argument, or requires the parties to submit alleging the facts with certainty and praying
memoranda, the case shall be deemed that judgment be rendered commanding the
submitted for decision upon the filing of the respondent to desist from further proceedings
comments on the petition, or of such other in the action or matter specified therein, or
pleadings or papers as may be required or otherwise granting such incidental reliefs as
allowed, or the expiration of the period to do law and justice may require.
so. (n)
The petition shall likewise be accompanied by jurisdiction over the territorial area as defined
a certified true copy of the judgment, order or by the Supreme Court. It may also be filed
resolution subject thereof, copies of all with the Court of Appeals or with the
pleadings and documents relevant and Sandiganbayan, whether or not the same is in
pertinent thereto, and a sworn certification of aid of the court’s appellate jurisdiction. If the
non-forum shopping as provided in the third petition involves an act or an omission of a
paragraph of section 3, Rule 46. (2a) quasi-judicial agency, unless otherwise
provided by law or these rules, the petition
Section 3. Petition for mandamus. — When shall be filed with and be cognizable only by
any tribunal, corporation, board, officer or the Court of Appeals.
person unlawfully neglects the performance of
an act which the law specifically enjoins as a In election cases involving an act or an
duty resulting from an office, trust, or station, omission of a municipal or a regional trial
or unlawfully excludes another from the use court, the petition shall be filed exclusively
and enjoyment of a right or office to which with the Commission on Elections, in aid of its
such other is entitled, and there is no other appellate jurisdiction.(4a)
plain, speedy and adequate remedy in the
ordinary course of law, the person aggrieved Section 5. Respondents and costs in
thereby may file a verified petition in the certain cases. — When the petition filed
proper court, alleging the facts with certainty relates to the acts or omissions of a judge,
and praying that judgment be rendered court, quasi-judicial agency, tribunal,
commanding the respondent, immediately or corporation, board, officer or person, the
at some other time to be specified by the petitioner shall join, as private respondent or
court, to do the act required to be done to respondents with such public respondent or
protect the rights of the petitioner, and to pay respondents, the person or persons interested
the damages sustained by the petitioner by in sustaining the proceedings in the court; and
reason of the wrongful acts of the respondent. it shall be the duty of such private
respondents to appear and defend, both in his
The petition shall also contain a sworn or their own behalf and in behalf of the public
certification of non-forum shopping as respondent or respondents affected by the
provided in the third paragraph of section 3, proceedings, and the costs awarded in such
Rule 46. (3a) proceedings in favor of the petitioner shall be
against the private respondents only, and not
Section 4. When and where to file the against the judge, court, quasi-judicial agency,
petition. – The petition shall be filed not later tribunal, corporation, board, officer or person
than sixty (60) days from notice of the impleaded as public respondent or
judgment, order or resolution. In case a respondents.
motion for reconsideration or new trial is
timely filed, whether such motion is required Unless otherwise specifically directed by the
or not, the petition shall be filed not later than court where the petition is pending, the public
sixty (60) days counted from the notice of the respondents shall not appear in or file an
denial of the motion. answer or comment to the petition or any
pleading therein. If the case is elevated to a
If the petition relates to an act or an omission higher court by either party, the public
of a municipal trial court or of a corporation, a respondents shall be included therein as
board, an officer or a person, it shall be filed nominal parties. However, unless otherwise
with the Regional Trial Court exercising specifically directed by the court, they shall
not appear or participate in the proceedings may be a ground for an administrative charge.
therein. (5a) (7a)

Section 6. Order to comment. — If the Section 8. Proceedings after comment is

petition is sufficient in form and substance to filed. — After the comment or other pleadings
justify such process, the court shall issue an required by the court are filed, or the time for
order requiring the respondent or respondents the filing thereof has expired, the court may
to comment on the petition within ten (10) hear the case or require the parties to submit
days from receipt of a copy thereof. Such memoranda. If, after such hearing or filing of
order shall be served on the respondents in memoranda or upon the expiration of the
such manner as the court may direct together period for filing, the court finds that the
with a copy of the petition and any annexes allegations of the petition are true, it shall
thereto. render judgment for such relief to which the
petitioner is entitled.
In petitions for certiorari before the Supreme
Court and the Court of Appeals, the provisions However, the court may dismiss the petition if
of section 2, Rule 56, shall be observed. it finds the same patently without merit or
Before giving due course thereto, the court prosecuted manifestly for delay, or if the
may require the respondents to file their questions raised therein are too unsubstantial
comment to, and not a motion to dismiss, the to require consideration. In such event, the
petition. Thereafter, the court may require the court may award in favor of the respondent
filing of a reply and such other responsive or treble costs solidarily against the petitioner
other pleadings as it may deem necessary and counsel, in addition to subjecting counsel
and proper. (6a) to administrative sanctions under Rules 139
and 139-B of the Rules of Court.
Section 7. Expediting proceedings;
injunctive relief. — The court in which the The Court may impose motu proprio, based
petition is filed may issue orders expediting on res ipsa loquitur, other disciplinary
the proceedings, and it may also grant a sanctions or measures on erring lawyers for
temporary restraining order or a writ of patently dilatory and unmeritorious petitions
preliminary injunction for the preservation of for certiorari. (8a)
the rights of the parties pending such
proceedings. The petition shall not interrupt Section 9. Service and enforcement of
the course of the principal case, unless a order or judgment. — A certified copy of the
temporary restraining order or a writ of judgment rendered in accordance with the last
preliminary injunction has been issued, preceding section shall be served upon the
enjoining the public respondent from further court, quasi-judicial agency, tribunal,
proceeding with the case. corporation, board, officer or person
concerned in such manner as the court may
The public respondent shall proceed with the direct, and disobedience thereto shall be
principal case within ten (10) days from the punished as contempt. An execution may
filing of a petition for certiorari with a higher issue for any damages or costs awarded in
court or tribunal, absent a temporary accordance with section 1 of Rule 39. (9a)
restraining order or a preliminary injunction, or
upon its expiration. Failure of the public
respondent to proceed with the principal case