Part 1. General Provisions	Part 4. Special Proceedings
Part 3. Arrest of a Vessel, Cargo, or Freight	Part 5. Common Provisions

PART II

CIVIL PROCEDURE 

RULE 2

PLEADINGS AND PARTIES 

Section 1. Pleadings and motions allowed. – The pleadings and motions that may be filed are the complaint, third-party complaint, answer which may include compulsory counterclaims and cross-claims, answer to counterclaims and cross- claims, motion for intervention, and motion to avail of discovery procedures. 

Section 2. Prohibited pleadings or motions. – The following pleadings or motions shall not be allowed: 

(a)  Motion to dismiss the complaint; 

(b)  Motion for bill of particulars; 

(c)  Motion for extension of time to file pleadings, affidavits or any other paper; 

(d)  Motion to declare the defendant in default; 

(e)  Dilatory motion for postponement; 

(f)  Motion for new trial; 

(g)  Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; and 

(h)  Petition for relief from judgment. 

Section 3. Verified complaint. – The verified complaint shall state or contain: 

(a)  A statement that it is a case in Admiralty jurisdiction; 

(b)  The names, addresses, and other relevant personal or juridical circumstances of the parties; 

(c)  All facts material and relevant to plaintiff’s cause or causes of action; 

(d)  The law, rule, or regulation relied upon, violated, or sought to be enforced; 

(e)  Specification of all evidence supporting the cause of action, such as affidavits of witnesses, authenticated documentary evidence which must be attached to the complaint, and object evidence.

The affidavits shall be in question and answer form and shall comply with the rules on judicial affidavits. All other supporting documents and evidence will comply with the rules on admissibility of evidence. Official documents from a foreign jurisdiction shall be considered admissible when duly authenticated in accordance with The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, otherwise known as the Apostille Convention. 

All parties are required to disclose and include all relevant documentary evidence, even if such may appear to contain admissions against interest; 

(f)  The reliefs prayed for. The verified complaint may also include a prayer 

for the immediate issuance ex parte of a Warrant of Arrest of a Vessel (WAVe), Cargo, or Freight. In such cases, it shall also comply with the requirements under Rule 6 herein; and 

(g)  A certification against forum shopping. 

Section 4. Who may file. – Any real party in interest, including the government and juridical entities authorized by law, may file a civil action in Admiralty jurisdiction. 

Section 5. Against whom filed. – A complaint in Admiralty jurisdiction may be filed against a ship, or against specific cargo or freight, or against the owners, charterers, other persons in possession or control of a ship and/or cargo, or other relevant persons. 

Section 6. Service of the complaint upon the Ship’s Register or consulate. – Upon the filing of the complaint, the plaintiff is required to furnish a copy thereof to the Ship’s Register with which the ship is registered or, in the absence thereof, the consulate of the ship’s flag. Proof of service upon the Ship’s Register or appropriate consulate shall be attached to the complaint. 

Section 7. Manner of Service. – In the case of ships of Philippine registry, service shall be made by sending a copy of the complaint and all its attachments personally or by personal courier upon the duly-designated receiving officer of the Maritime Industry Authority. In the case of ships flying the flag of a foreign country, service shall be made by sending a copy of the complaint and all its attachments with the consulate of the ship’s flag State; provided, that if the foreign Ship’s Registry allows service through electronic means of court processes, legal notices, pleadings and documents, the party may make use of such means subject to proof of such service. 

Section 8. Assignment by raffle. – The complaint shall be referred to the Admiralty court immediately upon filing if there is only one (1) designated branch in a multiple-sala court. If there are two (2) or more designated branches, the Clerk of Court shall immediately cause an electronic or special raffle, as the case may be, among the Admiralty courts on the same day the complaint is filed. 

Section 9. Duty of the court. – Upon referral of the complaint by the executive judge, the Admiralty court to which it was referred or raffled, as the case may be, may motu proprio 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, the Admiralty court shall forthwith issue the writ or summons which shall state that the Rules of Procedure for Admiralty Cases shall apply. 

Section 10. Service of writs, summons, orders and other court processes. – Writs, summons, orders and other court processes may be served by the sheriff, his deputy or other proper officers of the court.

The writs or summons shall be served immediately on the defendant upon order of the court, together with a copy of an order informing all parties that they have ten (10) calendar days within which to appear in court and file an answer. Writs or summons shall be served in accordance with the Rules of Court, except as provided under Section 11 hereof. 

Section 11. Service of writs and summons. – (a) In an action in rem, a Writ of Summons in Action In Rem must be served on the ship against which the action is brought, except if the ship has been sold by the Sheriff upon lawful order of a court, in which case, a sealed copy of the writ must be filed with the Ship’s Registry and the same shall be deemed to have been served on the day on which the copy was filed. Such service shall be effected against a ship, cargo, or freight as follows: 

• i. by serving the same personally upon the ship’s captain or master on board the ship while it is within the jurisdiction of the Philippines; 

• ii. by affixing a copy of the writ for a short time on any mast of the ship or on the outside of any suitable part of the vessel’s superstructure, visible to all who may board or enter the vessel; 

• iii. by affixing a copy of the writ in a sheltered, conspicuous part of the vessel visible to the person in actual possession and control thereof, such as the windows in front of the wheelhouse or bridge of the vessel; and 

• iv. in the case of cargo or freight in the custody of a person, by leaving the writ with such person. 

(b) In an action in personam, summons shall be served in accordance with the Rules of Court insofar as they are not incompatible with these Rules. 

In case the plaintiff files an action both in rem and in personam, that is, against the vessel and its owner, charterer, or other person in possession and control thereof, both the Writ of Summons in Action in Rem and ordinary summons shall be issued and served separately. 

Section 12. Responsive Pleadings. – Within ten (10) calendar days from receipt of the writ or summons, the defendant shall file a verified answer to the complaint, third-party complaint, counterclaim, cross-claim, or intervention, as the case may be, and serve a copy thereof upon the plaintiff. Affirmative and special defenses not pleaded shall be deemed waived, except for lack of jurisdiction. 

Section 13. Effect of failure to answer. – If the defendant fails to file an answer to the complaint within the period provided, the court motu proprio, or on motion of the plaintiff as may be warranted by the facts alleged in the complaint and limited to the reliefs prayed for, shall declare the defendant in default and render judgment based on the complaint and the evidence attached thereto. 

RULE 3

PRE-TRIAL 

Section 1. Notice of Pre-Trial. – Within two (2) calendar days from the filing of the last responsive pleading, the Branch Clerk of Court shall issue a notice of pre-trial to be held not later than twenty (20) calendar days from the filing of the last pleading. 

Section 2. Briefs. – At least three (3) calendar days before the pre-trial, the parties shall submit pre-trial briefs containing the following: 

(a) Statement of willingness to enter into an amicable settlement indicating the desired terms thereof; 

(b) Summary of admitted facts and proposed stipulations of facts;

(c) Legal or factual issues to be tried and 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) Affidavits of witnesses, documentary evidence, and, if necessary, object evidence in support of the answers and replies, which shall be attached to the brief; and

(e) Number and names of witnesses, and the substance of their affidavits. 

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. Pre-Trial. – Not later than twenty (20) calendar days after the last pleading has been filed, pre-trial shall be held. The judge shall put the parties and their counsels under oath. 

A record of the pre-trial shall be issued by the court immediately upon termination thereof, stating: 

(a) Whether the parties have arrived at an amicable settlement;

(b) Stipulations or admissions of the parties, including documents admitted without need for further authentication;

(c) Statement of specific facts which remain controverted, if any; 

(d) Schedule for examination of witnesses; and

(e) Such other matters as may facilitate the disposition of the case. 

All judicial affidavits and documentary evidence shall be examined by the parties for accuracy and authenticity, and referred to and marked as described in the complaint and answer on record with the court and considered to be offered in evidence to prove the claims stated therein. The court shall not admit as evidence, for any purpose, any judicial affidavits or documents which have not been examined and marked during the pre-trial. 

Unless the parties have reached an amicable settlement in the meantime, failure of either of the parties to appear in the pre-trial shall be a cause of dismissal of their respective claims or counter-claims, and the appearing party shall be entitled to judgment on his or her claims as warranted by the evidence submitted, but in no case greater than that stated in the complaint or answer. All cross-claims shall be dismissed. 

Should the parties reach an amicable settlement, a copy of the agreement setting forth the terms of such settlement shall be submitted to the court at the pre- trial, and the court shall render judgment based on the terms and conditions thereof. 

The judgment of the court upon the pre-trial, on account of non-appearance or amicable settlement, shall be final and binding upon the parties and constitute res judicata upon their respective claims and counter-claims. 

Section 4. Judgment on the pleadings or summary judgment. – After the pre-trial, if there are no more controverted facts or genuine issues pending, the court shall, without prejudice to a party moving for judgment on the pleadings under Rule 34 of the Rules of Court or summary judgment under Rule 35, motu proprio submit the case for judgment on the pleadings or summary judgment without need of position papers or memoranda. The ruling of the court to submit the case for summary judgment or judgment on the pleadings shall not be subject to appeal or certiorari. In such cases, judgment shall be rendered within fifteen (15) calendar days from termination of the pre-trial. 

Section 5. Referral to mediation. – If there are still facts to be controverted or issues to be resolved, the case may be immediately referred to mediation, which proceeding shall not exceed a period of thirty (30) calendar days, without further extension. 

In case of an amicable settlement, the compromise agreement shall be immediately submitted to the court, which shall render a decision based on the compromise agreement within fifteen (15) calendar days. 

If mediation fails, the assigned mediator shall immediately submit his report thereon, and the court shall conduct trial without referral to Judicial Dispute Resolution. 

RULE 4

TRIAL 

Section 1. Hearing and cross-examination of witnesses. – Within ten (10) calendar days from date of pre-trial, if the case is not referred to mediation, or within thirty (30) calendar days from date of pre-trial if the case is referred to mediation and the same fails, the court shall hold trial for purposes of cross-examination of the parties’ witnesses based on their judicial affidavits and documents annexed thereto submitted with the complaint or answer. No additional affidavits or evidence which were not previously agreed upon in the pre-trial shall be allowed. 

Section 2. Continuous trial. – The court shall conduct continuous trial which shall not exceed two (2) months from the date of the initial trial. The two-month period may be extended by the court in cases involving complex factual and legal issues which necessarily require additional time for their determination, but in no case shall the extension exceed one (1) month. 

Section 3. Examination of witnesses. – The court shall strictly adhere to the rule that a witness has to be fully examined in one (1) day, subject to the court’s 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 and orally interpose his or her objections. The judge shall forthwith rule on the offer of evidence in open court. 

The parties may agree that witnesses may be examined via videoconferencing in accordance with existing rules of the Supreme Court. 

Section 4. Submission of case for decision. – After the last party has rested his or her case, the court shall issue an order submitting the case for decision. The court may, within ten (10) calendar days from submission of the case for decision, require the parties to submit position papers within a non-extendible period of ten (10) calendar days from notice. 

Section 5. Submission of position papers. – Within a non-extendible period of ten (10) calendar days from submission of the case for decision, the court may require the simultaneous submission, in written and/or electronic form, of the parties’ position papers based on the affidavits and evidence already submitted and on record. Position papers shall state the arguments of fact and law upon which the party seeks a favorable decision and shall substantially follow the form of a draft decision. 

Section 6. Period to decide. – Within fifteen (15) calendar days from the expiration of the period for filing of position papers, with or without position papers, the court shall render judgment. 

RULE 5

INTERVENTION 

Section 1. Intervenors. – Where a ship against which an action in rem is brought is under arrest, a person who has a legal interest in the ship, cargo, or freight, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of the ship, but who is not a party to the action may, with leave of court, file a motion to intervene in the action at any time before submission of the case for decision by the court. A copy of the pleading in intervention shall be attached to the Motion for Intervention with leave of court. 

A complaint-in-intervention must be supported by judicial affidavits and other supporting evidence, showing the interest of the intervenor in the ship within the court’s custody. The court may consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor’s rights may be fully protected in a separate proceeding. 

The time for filing responsive pleadings in intervention shall conform with the time limits in these Rules. 

Section 2. Appearance. – A person granted leave to intervene must enter an appearance in the action within the period specified by the court, but in no case after the case has been submitted for decision.

Part 1. General Provisions	Part 4. Special Proceedings
Part 3. Arrest of a Vessel, Cargo, or Freight	Part 5. Common Provisions