Rule 9, Section 3 — Default; [d]eclaration of

Text of the provision

Sec. 3. Default; [d]eclaration of. — If the defending party fails to answer within the time allowed therefor, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his or her pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. Such reception of evidence may be delegated to the clerk of court. (a) Effect of order of default. – A party in default shall be entitled to notice[ s] of subsequent proceedings but shall not to take part in the trial. (b) Relief from order of default. – A party declared in default may at any time after notice thereof and before judgment, file a motion under oath to set aside the order of default upon proper showing that his or her failure to answer was due to fraud, accident, mistake or excusable negligence and that he or she has a meritorious defense. In such case, the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice. (c) Effect of partial default. – When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented. (d) Extent of relief to be awarded. – A judgment rendered against a party in default shall [neither] exceed the amount or be different in kind from that prayed for nor award unliquidated damages. (e) Where no defaults allowed. – If the defending party in action for annulment or declaration of nullity of marriage or for legal separation fails to answer, the court shall order the Solicitor General or his or her deputized public prosecutor, to investigate whether or not a collusion between the parties exists, and if there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated.

2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 9, Section 3. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.