CIVIL PROCEDURE | M I D T E R M S – J U D G E D O C E N A
RULE 18
PRE-TRIAL
PRE-TRIAL IN CIVIL CASES
Set when the plaintiff moves
ex parte to set the case for
pre-trial
The motion to set the case for
pre-trial is made after the last
pleading has been served and
filed
Considers the possibility of an
amicable settlement as an
important objective
The sanctions for non-
appearance in a pre-trial are
imposed upon the plaintiff
and the defendant
The presence of the defendant
is required, unless he is duly
represented at the pre-trial
conference by his counsel with
the requisite authority to
enter into a compromise
agreement
The presence of the plaintiff is
required at the pre-trial unless
excused therefrom for valid
cause or if he is represented
therein by a person fully
authorized in writing to
perform the acts.
Absent such justification, the
case may be dismissed with or
without prejudice.
Pre-trial brief is required with
PRE-TRIAL IN CRIMINAL
CASES
Ordered by the court and no
motion to set the case for pre-
trial is required from either
the prosecution or the
defense
The pre-trial is ordered by the
court after arraignment and
within 30 days from the date
the court acquires jurisdiction
over the person of the accused
No amicable settlement
The sanction in a criminal case
are imposed upon the counsel
for the accused or the
prosecutor
The accused is merely
required to sign the written
agreement arrived at in the
pre-trial conference, if he is in
conformity therewith.
Hence, unless otherwise
required by the court, his
presence therefor is not
indispensable.
The accused may waive his
presence at all the stages of
the criminal action except at
the arraignment,
promulgation of judgment or
when required to appear for
identification.
The presence of the private
offended party is not required
at the pre-trial. Instead, he is
only required to appear at the
arraignment of the accused
for purposes of plea
bargaining, determination of
civil liability, and other
matters requiring his
presence.
Should he fail to appear
therein, and the accused
offers to plead guilty to a
lesser offense necessarily
included in the offense
charged, he may be allowed to
do so with the conformity of
the trial prosecutor alone.
The rules do not require pre-
the particulars and the trial brief but only require
sanctions provided attendance at a pre-trial
conference
Section 1. When conducted. — After the last pleading has been
served and filed, if shall be the duty of the plaintiff to promptly
move ex parte that the case be set for pre-trial
DUTY OF THE PLAINTIFF TO MOVE THE CASE BE SET FOR PRE-
TRIAL CONFERENCE (AM 03-1-09-SC)
 Within 5 days from date of filing of the reply, the plaintiff
must promptly move ex parte that the case be set for pre-
trial conference and if the plaintiff fails to file said motion
within the give period, the Branch Clerk of Court shall
issue a notice of pre-trial
 The ex parte motion to set the case for pre-trial is to be
made by the plaintiff after the last pleading has been
served and filed.
o Need not be literally construed as one having
been served and filed, the expiration of the
period for filing the last pleading is sufficient.
 Plaintiff should sufficiently show justifiable cause for its
failure to set the case for pre-trial; otherwise, the court
can dismiss the complaint outright.
Section 2. Nature and purpose. — The pre-trial is mandatory.
The court shall consider:
(a) The possibility of an amicable settlement or of a submission
to alternative modes of dispute resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
(d) The possibility of obtaining stipulations or admissions of facts
and of documents to avoid unnecessary proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a
commissioner;
(g) The propriety of rendering judgment on the pleadings, or
summary judgment, or of dismissing the action should a valid
ground therefor be found to exist;
(h) The advisability or necessity of suspending the proceedings;
and
(i) Such other matters as may aid in the prompt disposition of
the action.
 Pre-trial is a procedural device held prior to the trial for
the court to consider the purposes aforesaid.
A U F S O L 2 0 1 8 - S Z G |1
CIVIL PROCEDURE | M I D T E R M S – J U D G E D O C E N A

Section 3. Notice of pre-trial. — The notice of pre-trial shall be complaint with the period
served on counsel, or on the party who has no counsel. The allowed for the filing thereof
counsel served with such notice is charged with the duty of No answer has been filed by An answer has already been
notifying the party represented by him. the defendant filed by the defendant
The court may or may not They shall allow the plaintiff to
require the plaintiff to present present evidence ex-parte
 Sending a notice of pre-trial stating the date, time and evidence ex-parte
place of pre-trial is mandatory. Its absence will render the Award is limited only to that Award may exceed that
pre-trial and subsequent proceedings void. prayed for in the complaint prayed for in the complaint
Sec 5, Rule 10 on amendment Sec 5, rule 10 may be applied
Section 4. Appearance of parties. — It shall be the duty of the of pleadings to conform to to amend the complaint to
parties and their counsel to appear at the pre-trial. The non- evidence presented during conform to the evidence
appearance of a party may be excused only if a valid cause is trial may not be applied as presented during the ex-parte
shown therefor or if a representative shall appear in his behalf matters covered by the ex- hearing as the plaintiff may
fully authorized in writing to enter into an amicable settlement, parte hearing is limited only to present evidence to prove
to submit to alternative modes of dispute resolution, and to the allegations in the matters not alleged or prayed
enter into stipulations or admissions of facts and of documents. complaint for in the complaint
Remedy is to file a motion to File a motion for
 Representation shall be coupled with an explanation lift order of default on the reconsideration without need
showing a valid cause for a party’s non-appearance ground of fraud, accident, for recital of meritorious
 The written authority must be in the form of SPA mistake, or excusable defense as the same is already
negligence, and recite contained in the answer.
Section 5. Effect of failure to appear. — The failure of the meritorious defense
plaintiff to appear when so required pursuant to the next
preceding section shall be cause for dismissal of the action. The Section 6. Pre-trial brief. — The parties shall file with the court
dismissal shall be with prejudice, unless other-wise ordered by and serve on the adverse party, in such manner as shall ensure
the court. A similar failure on the part of the defendant shall be their receipt thereof at least three (3) days before the date of
cause to allow the plaintiff to present his evidence ex parte and the pre-trial, their respective pre-trial briefs which shall contain,
the court to render judgment on the basis thereof. among others:

 The failure of the plaintiff to appear shall be cause for the
dismissal of the action. The dismissal shall be with
prejudice except when the court orders otherwise
o The same shall have the effect of an
adjudication on the merits, thus, final.
o The remedy of the plaintiff is to appeal the order
of the dismissal.
 The failure of the defendant to appear shall be cause to
allow the plaintiff to present evidence ex parte and for
the court to render judgment on the basis thereof.
o The order of the court allowing the plaintiff to
present evidence ex parte does not dispose of
the case with finality.
o The order is, therefore, interlocutory, hence not
appealable.
o The defendant may file a motion for
reconsideration of the order and if the denial is
with grave abuse of discretion, he may file a
petition for certiorari under Rule 65.
 The failure of the defendant to appear in pre-trial is not a
ground to declare him in default.
DECLARATION OF DECLARATION OF
DEFENDANT IN DEFAULT DEFENDANT AS IN DEFAULT
UNDER RULE 9 UNDER RULE 18
Occurs when defendant fails Occurs when defendant fails
to file his answer to the to appear at the trial
(a) A statement of their willingness to enter into amicable
settlement or alternative modes of dispute resolution,
indicating the desired terms thereof;
(b) A summary of admitted facts and proposed stipulation
of facts;
(c) The issues to be tried or resolved;
(d) The documents or exhibits to be presented stating the
purpose thereof;
(e) A manifestation of their having availed or their
intention to avail themselves of discovery procedures
or referral to commissioners; and
(f) The number and names of the witnesses, and the
substance of their respective testimonies.
Failure to file the pre-trial brief shall have the same effect as
failure to appear at the pre-trial.
 No evidence shall be allowed to be presented and offered
during the trial in support of a party’s evidence-in-chief
other than those that had been earlier identified and pre
marked during the pre-trial, except if allowed by the court
for good cause shown.
Section 7. Record of pre-trial. — The proceedings in the pre-trial
shall be recorded. Upon the termination thereof, the court shall
issue an order which shall recite in detail the matters taken up
in the conference, the action taken thereon, the amendments
allowed to the pleadings, and the agreements or admissions
made by the parties as to any of the matters considered. Should

A U F S O L 2 0 1 8 - S Z G |2
CIVIL PROCEDURE | M I D T E R M S – J U D G E D O C E N A
the action proceed to trial, the order shall, explicitly define and
limit the issues to be tried. The contents of the order shall
control the subsequent course of the action, unless modified
before trial to prevent manifest injustice.
 The pre-trial order shall be issued within 10 days after the
termination of the pre-trial
 GR: the contents of the pre-trial order shall control the
subsequent course of the action, unless:
o Modified before trial to prevent manifest KINDS OF INTERVENTION
injustice
o Issues that impliedly included among those
listed or that may be inferable from those listed
by necessary implication which are as much
integral parts of the pre-trial order as those
expressly listed
o Trial of issues not raised in the pleadings but not
objected to or tried with the express or implied
consent of the parties, and permits an REMEDIES
amendment of the pleadings to conform the
evidence.
 A party is deemed to have waived the right to invoke
stipulations in the pre-trial order if he failed to object to
the introduction of evidence outside of the pre-trial
order, as well as in cross-examining the witness in regard
to said evidence.
 Proceedings during the preliminary conference need to
be recorded in the “Minutes of Preliminary Conference”
to be signed by both parties and/or counsel.
RULE 19
INTERVENTION
 Intervention is a remedy by which a third party, not
originally impleaded in a proceeding, becomes a litigant
therein to enable him to protect or preserve a right or
interest which may be affected by such proceeding.
 It is a proceeding in a suit or action by which a third
person is permitted by the court to make himself a party
either joining plaintiff in claiming what is sought by the
complainant, or uniting with defendant in resisting the
claims of plaintiff, or demanding something adversely to
both of them.
 It is an ancillary and supplemental to an existing litigation.
o Final dismissal of the principal action results in
the dismissal of said ancillary action.
 It cannot alter the nature of the action and the issues
already enjoined.
 Purpose is to enable a stranger to an action to become a
party to protect his interest.
 Interventions are not allowed in summary procedure and
small claims cases.
1. A matter of discretion via motion for intervention
2. A matter of right – class suit
3. Court mandated discretion – marriage related cases for
the prosecuting attorney to appear in behalf of the State
(Rule 9, Sec 2)
4. Forced Intervention – under preliminary attachment in
case of garnishment of bank deposits
 For the improper denial of a motion for intervention
o Appeal
o Mandamus, if there is grave abuse of discretion,
where there is no other plain, speedy and
adequate remedy
 For the improper granting of Motion for Intervention
o Certiorari
o Prohibition
Section 1. Who may intervene. — A person who has a legal
interest in the matter in litigation, 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
property in the custody of the court or of an officer thereof may,
with leave of court, be allowed to intervene in the action. The
court shall 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 interest must be actual, substantial, material, direct
and immediate, and not simply contingent or expectant.
o it must be of such direct and immediate
character that the intervenor will either gain or
lose by the direct legal operation and effect of
the judgment.
INTERVENTION INTERPLEADER
Ancillary action Original Action
Proper in any of the 4 Presupposes that the plaintiff
mentioned in this Rule has no interest in the subject
matter of the action or has an
interest therein, which in
whole or in part, is not
disputed by the other parties
to the action.
A U F S O L 2 0 1 8 - S Z G |3
CIVIL PROCEDURE | M I D T E R M S – J U D G E D O C E N A

The defendants are already The defendant are being sued pre-trial, for trial, those whose trials were adjourned or
original parties to the pending precisely to implead them, postponed, and those with motions to set for hearing.
suit Preference shall be given to habeas corpus cases, election cases,
special civil actions, and those so required by law.
GR: Intervention is a matter of discretion on the part of the court
Section 2. Assignment of cases. — The assignment of cases to
XPNs: the different branches of a court shall be done exclusively by
raffle. The assignment shall be done in open session of which
1. When the intervenor turns out to be an indispensable
adequate notice shall be given so as to afford interested parties
party
the opportunity to be present.
2. In a class suit where any party in interest of the class has
the right to intervene.
RULE 21
THIRD-PARTY COMPLAINT COMPLAINT IN SUBPOENA
INTERVENTION
Filed by an original party to Filed by a stranger to the SUBPOENA SUMMONS
the case to join the third action to be made a party
An order to appear and testify An order to answer complaint
person in the action therein
or to produce books and
The original party to the action The intervenor may intervene
documents
impleads a third party for the in the case for his sole benefit
May be served to a non-party Served on the defendant
purpose of contribution, and for his own interest
Needs tender of kilometrage, No such fees
indemnification, subrogation
attendance fee and
or other reliefs
reasonable cost of production
fee
Section 2. Time to intervene. — The motion to intervene may
be filed at any time before rendition of judgment by the trial
Section 1. Subpoena and subpoena duces tecum. — Subpoena
court. A copy of the pleading-in-intervention shall be attached
is a process directed to a person requiring him to attend and to
to the motion and served on the original parties.
testify at the hearing or the trial of an action, or at any
investigation conducted by competent authority, or for the
GR: After trial and decision in a case, intervention can no longer be taking of his deposition. It may also require him to bring with
permitted. him any books, documents, or other things under his control, in
which case it is called a subpoena duces tecum.
XPNs:
Kinds of Subpoena
1. With respect to indispensable parties, intervention may
be allowed even on appeal 1. Subpoena ad testificandum – used to compel a person to
2. In order to avoid injustice testify
3. Intervention may be allowed after judgment where it is 2. Subpoena duces tecum – used to compel the production
necessary to protect some interest which cannot of books, records, things or documents therein specified.
otherwise be protected, and may be allowed for the
Section 2. By whom issued. — The subpoena may be issued by
purpose of preserving the intervenor’s right to appeal.
—
Section 3. Pleadings-in-intervention. — The intervenor shall file
(a) the court before whom the witness is required to attend;
a complaint-in-intervention if he asserts a claim against either
or all of the original parties, or an answer-in-intervention if he (b) the court of the place where the deposition is to be taken;
unites with the defending party in resisting a claim against the
latter. (c) the officer or body authorized by law to do so in connection
with investigations conducted by said officer or body; or

Section 4. Answer to complaint-in-intervention. — The answer
to the complaint-in-intervention shall be filed within fifteen (15)
days from notice of the order admitting the same, unless a
different period is fixed by the court.
RULE 20
CALENDAR OF CASES
Section 1. Calendar of cases. — The clerk of court, under the
direct supervision of the judge, shall keep a calendar of cases for
(d) any Justice of the Supreme Court or of the Court of Appeals
in any case or investigation pending within the Philippines.
When application for a subpoena to a prisoner is made, the
judge or officer shall examine and study carefully such
application to determine whether the same is made for a valid
purpose.
No prisoner sentenced to death, reclusion perpetua or life
imprisonment and who is confined in any penal institution shall

A U F S O L 2 0 1 8 - S Z G |4
CIVIL PROCEDURE | M I D T E R M S – J U D G E D O C E N A
be brought outside the said penal institution for appearance or
attendance in any court unless authorized by the Supreme Court
Section 3. Form and contents. — A subpoena shall state the
name of the court and the title of the action or investigation,
shall be directed to the person whose attendance is required,
and in the case of a subpoena duces tecum, it shall also contain
a reasonable description of the books, documents or things
demanded which must appear to the court prima facie relevant.
Requisites for issuance of subpoena duces tecum
1. The books, documents, or other requests must appear to
be prima facie relevant (Test of Relevancy) and
2. Such books must be reasonably described to be readily
identified. (test of Definiteness)
Section 4. Quashing a subpoena. — The court may quash a
subpoena duces tecum upon motion promptly made and, in any
event, at or before the time specified therein if it is
unreasonable and oppressive, or the relevancy of the books,
documents or things does not appear, or if the person in whose
behalf the subpoena is issued fails to advance the reasonable
cost of the production thereof.
The court may quash a subpoena ad testificandum on the
ground that the witness is not bound thereby. In either case, the
subpoena may be quashed on the ground that the witness fees
and kilometrage allowed by these Rules were not tendered
when the subpoena was served.
 Grounds are NOT exclusive.
Section 5. Subpoena for depositions. — Proof of service of a
notice to take a deposition, as provided in sections 15 and 25 of
Rule 23, shall constitute sufficient authorization for the issuance
of subpoenas for the persons named in said notice by the clerk
of the court of the place in which the deposition is to be taken.
The clerk shall not, however, issue a subpoena duces tecum to
any such person without an order of the court.
Section 6. Service. — Service of a subpoena shall be made in the
same manner as personal or substituted service of summons.
The original shall be exhibited and a copy thereof delivered to
the person on whom it is served, tendering to him the fees for
one day's attendance and the kilometrage allowed by these
Rules, except that, when a subpoena is issued by or on behalf of
the Republic of the Philippines or an officer or agency thereof,
the tender need not be made. The service must be made so as
to allow the witness a reasonable time for preparation and
travel to the place of attendance. If the subpoena is duces
tecum, the reasonable cost of producing the books, documents
or things demanded shall also be tendered.
Section 7. Personal appearance in court. — A person present in
court before a judicial officer may be required to testify as if he
were in attendance upon a subpoena is sued by such court or
officer.
Section 8. Compelling attendance. — In case of failure of a
witness to attend, the court or judge issuing the subpoena, upon
proof of the service thereof and of the failure of the witness,
may issue a warrant to the sheriff of the province, or his deputy,
to arrest the witness and bring him before the court or officer
where his attendance is required, and the cost of such warrant
and seizure of such witness shall be paid by the witness if the
court issuing it shall determine that his failure to answer the
subpoena was willful and without just excuse.
Section 9. Contempt. — Failure by any person without adequate
cause to obey a subpoena served upon him shall be deemed a
contempt of the court from which the subpoena is issued. If the
subpoena was not issued by a court, the disobedience thereto
shall be punished in accordance with the applicable law or Rule.
Section 10. Exceptions. — The provisions of sections 8 and 9 of
this Rule shall not apply to a witness who resides more than one
hundred (100) kilometers from his residence to the place where
he is to testify by the ordinary course of travel, or to a detention
prisoner if no permission of the court in which his case is
pending was obtained.
RULE 22
COMPUTATION OF TIME
Section 1. How to compute time. — In computing any period of
time prescribed or allowed by these Rules, or by order of the
court, or by any applicable statute, the day of the act or event
from which the designated period of time begins to run is to be
excluded and the date of performance included. If the last day
of the period, as thus computed, falls on a Saturday a Sunday,
or a legal holiday in the place where the court sits, the time shall
not run until the next working day.
 Non-working days are excluded from the counting of the
period only when the last day of the period falls on such
days.
Section 2. Effect of interruption. — Should an act be done which
effectively interrupts the running of the period, the allowable
period after such interruption shall start to run on the day after
notice of the cessation of the cause thereof.
The day of the act that caused the interruption shall be excluded
in the computation of the period.
A U F S O L 2 0 1 8 - S Z G |5