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Action. - A Party May Not Institute More: Civil Procedure Page of 1 140
Action. - A Party May Not Institute More: Civil Procedure Page of 1 140
Action. - A Party May Not Institute More: Civil Procedure Page of 1 140
Section 2. Adjournments and Section 5. Order of trial. — Subject to the (g) Upon admission of the evidence, the
postponements. — A court may adjourn a provisions of section 2 of Rule 31, and case shall be deemed submitted for
trial from day to day, and to any stated unless the court for special reasons decision, unless the court directs the parties
time, as the expeditious and convenient otherwise directs, the trial shall be limited to argue or to submit their respective
transaction of business may require, but to the issues stated in the pre-trial order and memoranda or any further pleadings.
shall have no power to adjourn a trial for a shall proceed as follows:
longer period than one month for each If several defendants or third-party
adjournment nor more than three months in (a) The plaintiff shall adduce evidence in defendants, and so forth, having separate
all, except when authorized in writing by support of his complaint; defenses appear by different counsel, the
the Court Administrator, Supreme Court. court shall determine the relative order of
(3a, R22) (b) The defendant shall then adduce presentation of their evidence. (1a, R30)
evidence in support of his defense,
Section 3. Requisites of motion to postpone counterclaim, cross-claim and third-party Section 6. Agreed statement of facts. —
trial for absence of evidence. — A motion complaints; The parties to any action may agree, in
to postpone a trial on the ground of absence writing, upon the facts involved in the
of evidence can be granted only upon (c) The third-party defendant if any, shall litigation, and submit the case for judgment
affidavit showing the materiality or adduce evidence of his defense, on the facts agreed upon, without the
relevancy of such evidence, and that due counterclaim, cross-claim and fourth-party introduction of evidence.
diligence has been used to procure it. But if complaint; If the parties agree only on some of the
the adverse party admits the facts to be facts in issue, the trial shall be held as to the
given in evidence, even if he objects or (d) The fourth-party, and so forth, if any, disputed facts in such order as the court
reserves the right to object to their shall adduce evidence of the material facts shall prescribe. (2a, R30)
admissibility, the trial shall not be pleaded by them;
postponed. (4a, R22; Bar Matter No. 803, Section 7. Statement of judge. — During
21 July 1998) (e) The parties against whom any the hearing or trial of a case any statement
counterclaim or cross-claim has been made by the judge with reference to the
Section 4. Requisites of motion to postpone pleaded, shall adduce evidence in support case, or to any of the parties, witnesses or
trial for illness of party or counsel. — A of their defense, in the order to be counsel, shall be made of record in the
motion to postpone a trial on the ground of prescribed by the court; stenographic notes. (3a, R30)
illness of a party or counsel may be granted
if it appears upon affidavit or sworn (f) The parties may then respectively Section 8. Suspension of actions. — The
certification that the presence of such party adduce rebutting evidence only, unless the suspension of actions shall be governed by
or counsel at the trial is indispensable and court, for good reasons and in the the provisions of the Civil Code. (n)
4. Petition for relief from judgment; Section 15. Preliminary injunction. — The Section 18. Judgment conclusive only on
court may grant preliminary injunction, in possession; not conclusive in actions
5. Motion for extension of time to file accordance with the provisions of Rule 58 involving title or ownership. — The
pleadings, affidavits or any other paper; hereof, to prevent the defendant from judgment rendered in an action for forcible
committing further acts of dispossession entry or detainer shall be conclusive with
6. Memoranda; against the plaintiff. respect to the possession only and shall in
A possessor deprived of his possession no wise bind the title or affect the
7. Petition for certiorari, mandamus, or through forcible from the filing of the ownership of the land or building. Such
prohibition against any interlocutory order complaint, present a motion in the action judgment shall not bar an action between
issued by the court; for forcible entry or unlawful detainer for the same parties respecting title to the land
the issuance of a writ of preliminary or building.
8. Motion to declare the defendant in mandatory injunction to restore him in his
default; possession. The court shall decide the The judgment or final order shall be
motion within thirty (30) days from the appealable to the appropriate Regional Trial
9. Dilatory motions for postponement; filing thereof. (3a) Court which shall decide the same on the
Section 16. Resolving defense of basis of the entire record of the proceedings
10. Reply; ownership. — When the defendant raises had in the court of origin and such
the defense of ownership in his pleadings memoranda and/or briefs as may be
11. Third-party complaints; and the question of possession cannot be submitted by the parties or required by the
resolved without deciding the issue of Regional Trial Court. (7a)
12. Interventions. (19a, RSP) ownership, the issue of ownership shall be
resolved only to determine the issue of Section 19. Immediate execution of
Section 14. Affidavits. — The affidavits possession. (4a) judgment; how to stay same. — If judgment
required to be submitted under this Rule is rendered against the defendant, execution
shall state only facts of direct personal Section 17. Judgment. — If after trial court shall issue immediately upon motion unless
knowledge of the affiants which are finds that the allegations of the complaint an appeal has been perfected and the
admissible in evidence, and shall show their are true, it shall render judgment in favor of defendant to stay execution files a sufficient
competence to testify to the matters stated the plaintiff for the restitution of the supersedeas bond, approved by the
therein. premises, the sum justly due as arrears of Municipal Trial Court and executed in favor
rent or as reasonable compensation for the of the plaintiff to pay the rents, damages,
A violation of this requirement may subject use and occupation of the premises, and costs accruing down to the time of the
the party or the counsel who submits the attorney's fees and costs. If a counterclaim judgment appealed from, and unless, during