The Rules of Procedure for Admiralty Cases

Section 1

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

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

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

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

Section 5

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

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

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

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

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

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

(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

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

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.