Topic: Rules 30-35 of the Rules of Court

Overview of Proceedings

1st: Filing of Complaint

2nd: Service of Summon

(5 calendar days from filing the complaint)

3rd: Filing of Answer

(within 30 calendar days from service of summon)

If with actionable document in the answer: Reply (15 calendar days from service of answer)
If with actionable document in the reply: Rejoinder

Why is it important to
determine if it is the last 4th: Pre-trial
responsive pleadings? Purpose: Sec. 2, Rule 18
Notice of pre-trial is within 5 (1) To determine possibility of amicable settlement
days from the receipt of last (2) Narrow the issues of the case by proposals for stipulations
responsive pleading (Section If parties admit certain facts, the same need not be proved
1, Rule 18) during the trial
(1) Date of Pre-trial: (3) Documentary evidences
Not more than 60 (4) Witnesses are indicated
calendar days from Note: Reservation of documents and witnesses is not prohibited.
the submission of
last responsive 5th: Issuance of pre-trial order
pleading (Sec.7, Rule 18)
(2) Date of the Court Pre-trial order controls the trial, such that failure to offer a
Annexed Mediation documentary exhibit shall not be allowed in the trial unless there is a
and Judicial Dispute justifiable reason to prevent surprise evidence.
Resolution (JDR is
not mandatory- Sec Termination of pre-trial.
9, Rule 18) Case will be scheduled for trial (set during pre-trial)

6th: Court-Annexed mediation

Mandatory under Sec.8, Rule 18.

Optional: Judicial Dispute Resolution

7th: TRIAL PROPER

Trial shall commence not more than 30 calendar days from the time of the termination of the pre-trial.

(1) Plaintiff presents evidences and witnesses within 90 days. This shall be set not later than 30
calendar days from the termination of pre-trial.
Topic: Rules 30-35 of the Rules of Court

(2) Formal offer of documentary exhibits.

Testimonial evidences: Done before witness testifies. Formal offer of testimonial evidence is
done by stating the purpose of testimony.
Documentary exhibits: After all the testimonies, formal offer of documentary exhibits follows. It
shall be done orally and shall state the purpose of each documentary exhibit.
(3) After formal offer, objections may be made orally.
(4) Court shall rule on the admissibility of documentary exhibits.
(5) Plaintiff rests his case.
(6) Defense presents evidences and witnesses within 90 days. This shall be set not later than 30
calendar days from formal offer or evidences.
(7) Formal offer of evidences done orally.
Note: Admission of documentary exhibits means that they are considered in the resolution of the
case, not that the court has given evidentiary weight or probative weight
Admissible: If evidences are not contrary to law and rules
(8) Court rules on the offer.
(9) Defendant rests his case.
(10)Cross-claim, third-party claim, etc.. presents their evidences (90 days)
(11)Parties may be given time for rebuttal (30 days)
(12)Case shall be submitted for decision
(13)Court has 90 calendar days to issue a decision

Whenever trial is commenced, it shall be day-to-day, Mondays to Thursdays.

Friday is a motion day (Rule 15)
Court cannot adjourn for more than three months

Who receives the evidence from the parties?

GR: Judge
XPN: Judge delegates to clerk of court who is a lawyer

Consolidation
Pending cases involving the same issues, common issue of law or fact, are consolidated and shall try the
same jointly

Severance
Trying a case separately, i.e. cross-claim, and court determines that issue involves a separate
controversy. Parties are advised to file case separately and it shall be severed from the main case to
expediate the latter.

Trial by Commissioner
Assigned whenever issues involve several accounts, technicalities, receipt of several documents
involving expertise or assistance of a person who can receive evidence for the court.

Example: Boundary dispute, court may appoint a geodetic engineer to determine if there is
encroachment of property. Commissioner shall receive evidence, conduct proceedings, and submit his
report to the court which shall be its basis in rendering the decision. Commissioner may also be
presented as a witness

Clerk of court, referee, an auditor, an examiner, CPA, etc., may be commissioners

Topic: Rules 30-35 of the Rules of Court

 When commissioner is appointed, there shall be agreement by both parties or by court’s

discretion.
 Order of referral is sent to commissioner.
 Commissioner shall take his oath before he commences the reception of evidence.
 Court may limit or extend the power of the commissioner.
 After reception of evidence, commissioner submits report to court.
 Clerk of court shall notify the parties and they shall be given 10 calendar days to submit any
objections to the said report.

Note: If objections raised were already existing when parties presented evidence with the commissioner,
said objection shall not be allowed. Objection shall only be allowed when it refers to conclusions made by
commissioner during the admission of evidences, not with respect to the issues pending to the
commissioner but not raised during the presentation. Late objection equals estoppel

 Court sets it for hearing or may issue an order adopting the report, modifying, rejecting,
recommitting it back to commissioner, requiring parties to submit additional evidence.

DEMURRER TO EVIDENCE
Filed after the plaintiff has rested his case.
Purpose: To question the presentation of evidence of the plaintiff and alleging insufficiency of evidence.
Plaintiff has failed to prove a prima facie case

Failure to state cause of action:

-an affirmative defense and case may be dismissed after filing of the complaint.
Insufficiency of evidence/cause of action:
-after plaintiff presents evidences

Is it required to file a leave of court before demurrer of evidence?

Civil cases, no need. Criminal cases, needs leave of court.

Civil cases
If demurrer is denied in civil cases, court will proceed to trial and defendant may still present his
evidence.
If demurrer is granted, case shall be dismissed, a judgment on the merits. Final order is appealable.
If reversed on appeal, case is restated. Defendant can no longer present the evidence.
An action of the court od DoE cannot be subject of appeal, certiorari, mandamus.

Criminal cases
Criminal cases, needs leave of court. If no leave of court is filed and is denied, accused is deemed to
have waived presentation of evidence. If with leave of court, accused may still present his evidence
JUDGMENT ON THE PLEADINGS.
Judgment made on the basis of the pleadings, complaint and answer, no need for trial, since answer
failed to tender an issue since it admits the material facts in the complaint.

When will an answer have an effect of admitting the material allegation in the complaint?
Topic: Rules 30-35 of the Rules of Court

Rule 34: When the defendant files an answer with defenses which are negative pregnant (equivalent to
admission), admissions of material allegations, and failure to state specific denial.

Note: Defendant shall allege defenses in accordance with the rules. Violation of rules in specific denials,
equivalent to admission of material facts of allegations in the complaint.
Denials: Absolute, partial, denial by disavowal of knowledge.

 Plaintiff may move for judgment on the pleadings on the grounds of failure to tender an issue
and admission of material allegation.
 Court may issue a judgment on the pleading.

Can the court moto propio render judgment on the pleadings?

Yes, it may render, on its own, judgment on the pleadings. (Sec. 2, Rule 34)

When may the court render a judgment on the pleadings?

Any time after the answer is filed, not necessarily during or after a pre-trial. Rule 18 is mere directory.

SUMMARY JUDGMENT
Rendered by the court after it finds out that there is no genuine issue of the material fact, except on
the amount of damages. Cannot be rendered moto propio but with a motion submitted by either of the
parties.

“no genuine issue of the material fact”

Allegation: Issues raised are false, sham, or fictitious. Thus, no genuine issue.
Said motion shall be supported with affidavit and documents to support the allegation.
Court shall only apply the law based on existing facts considered admitted.

Summary judgment and judgment on the pleadings

cannot be subject of an appeal, mandamus, certiorari, prohibition

CLARIFICATIONS:
 Pre-trial: Narrow down issues, only those not admitted may be taken up in the trial.
 Trial: Facts agreed upon need not be taken up on trial.
 Admission of facts during pre-trial is different as to those admitted in the answer.