FINALS with pointers (Trial to judgement)

Question 1

What is a trial?

Answer 1

Defined in Rule 30 of the rules of court, a trial is the judicial examination and determination where parties, following the issues, defined pre-trial and considering any preliminary motions, resolved, present their respective evidence in support of their claims or defenses

Question 2

What happens during trial?

Answer 2

The parties present evidence of their claims and defenses, which shall constitute the basis for the court’s judgment.

Question 3

When is a trial necessary?

Answer 3

When the issues are to be tried due to the specific denial of the material allegations in the complaint.

Question 4

When can civil cases be adjudicated without need for trial?

Answer 4

1. when pleadings tender no issue
2. When there is no genuine issue
3. when parties have entered into a compromise or amicable settlement
4. When complaint has been dismissed with prejudice or when the dismissal has the effect of an adjudication on the merits
5. if case falls under the operation of the rules on summary procedure
   If parties submit the case for judgment on the facts agreed upon

Question 5

Order of trial PDTERA

Answer 5

Section 5 Rule 30

a. Plaintiff’s evidence (set not later than 30 days from the termination of pre-trial)

b. Defendant’s evidence (Set not later than 30 calendar days from court’s ruling on plaintiff’s formal offer of evidence)

c. Third party’s evidence (as determined by court)

d. Evidence against counterclaim or crossclaim (as determined by court, as deemed necessary)

e. Rebuttal evidence (As determined by court)
f. Arguments/Memoranda

Question 6

Can additional evidence be presented at the rebuttal stage?

Answer 6

GR: No

E: Subject to the discretion of court, the additional evidence may be admitted if :
1. merely discovered
2. Omitted through mistake or inadvertence
3. when the purpose is to correct evidence previously offered.

Question 7

Reversal of trial

Answer 7

If the defendant in his answer admits the obligation alleged in the complaint but raises special defenses, then the plaintiff is relieved of the duty to present evidence in chief and so the defendant should start the proceeding by presenting his evidence to support his special defenses

Question 8

Who may receive evidence adduced by the parties?

Answer 8

Section 9, Rule 30

As a general rule, the judge shall personally receive the evidence to be adduced by the parties. The rules provide cases where it may be delegated to the clerk of court, who is a member of the bar:
a. in default hearings
b. in ex parte hearing or
c. in any case by written agreement of the parties.

Question 9

Can the clerk of court rule on the objections to ask questions?

Answer 9

No, the delegation is only for the reception. The clerk of the court has no power to:
a. Rule on the objections to any question or
b. to the admission of exhibits.

Objections shall be ruled by the Court upon submission of his report and transcripts within 10 calendar days from the termination of the hearing

Question 10

What happens after the reception of evidence?

Answer 10

the delegate transmits the entire record, including transcripts and exhibits, to the judge for final decision

Question 11

What is consolidation?

Answer 11

As per Rule 31 of the rules of court, consolidation is the process by which two or more actions involving a common question of law or fact are joined and tried together.

It is a procedural device, granted to the court, as an aid in deciding how cases in its docket are to be tried, so that the business of the court may be dispatched expeditiously while providing justice to the parties. (Republic vs. Heirs of Oribello 2013)

Question 12

Is consolidation a matter of duty?

Answer 12

The general rule is that consolidation is discretionary upon the court.

It becomes a matter of duty when the cases are:
1. Pending before the same judge; or
2. Filed with different branches of the same Regional Trial Court and one of such cases has not been partially tried.

Question 13

When is consolidation proper?

Answer 13

1. Ttwo or more actions involve the same or a common question of law of facts;
2. The said actions (at least 2) are pending before the same court
3. If filed with different courts, an authorization from the Supreme Court is necessary

Question 14

Ways of consolidating cases

Answer 14

a. quasi-consolidation
b. actual consolidation
c. consolidation for trial

Question 15

Quasi-consolidation

Answer 15

where all, except one of the several actions are stayed until one is tried, in which case the judgment in the one trial is conclusive as to the others.

Question 16

Actual Consolidation

Answer 16

where several actions are combined into one, lose their separate identity, and become a single action in which a single judgment is entered

Question 17

Consolidation for Trial

Answer 17

where several actions are ordered to be tried together, but each retains an entry of a separate judgment. It does not merge suits into a single action, or cause the parties to one action to be parties to the other

Question 18

Effect of Consolidation

Answer 18

1. Single or Joint Trial - depending on whether is it true consolidation or joint trial, the court can hold all proceedings together
2. Possible Single Judgment or Separate Judgments -

Question 19

Can consolidated cases be appealed separately?

Answer 19

In Republic v Heirs of Oribello Jr.
Consolidated cases may be appealed separately

Question 20

What is severance?

Answer 20

-a single action having a number of claims, counterclaims, cross claims, third party complaints or issues which may be separately tried from the main action.

Question 21

Consolidation vs. Severance

Answer 21

Consolidation is done to combine pending actions with common question of law or fact to be tried together while severance is done to isolate and separately try claims/ issues to be tried separately

Question 22

Requisites of a valid judgment

Answer 22

1. The court or tribunal must be clothed with authority to hear and determine the matter before it.
2. The court must have jurisdiction over the parties and the subject matter
3. The parties must have given an opportunity to adduce evidence on their behalf
4. The judgment must be in writing, personally and directly prepared by the judge
   - A verbal judgment is, in contemplation of law, not in ease, therefore, ineff ective.
5. The judgement must state clearly the facts and the law upon which it is based, signed by the judge and filed with the clerk of court.
   - the court cannot simply say that the judgment is in favor of X and Y and just leave it at that without any justification whatsoever for its action. The losing party is entitled to know why he lost, so he may appeal to the higher court, if permitted, should he believe that the decision should be reversed.

Question 23

Parts of a judgment

Answer 23

1. the body of the judgment or ratio decidendi
   - Not the part of the judgement
2. the dispositive portion of the judgment or fallo
   - Constitutes the judgment of the court
   - Operative part in every judgement
   - Shall state whether the complaint or petition is granted or denied, the specific relief and the costs

Question 24

Rule in case of conflict between the dispositive portion and body of the decision:

Answer 24

GENERAL RULE: The fallo prevails over the ratio decidendi because it is the final order

EXCEPTION: the body of the decision will prevail where the inevitable conclusion from the body of the decision is so clear that there was a mere mistake in the dispositive portion.

Question 25

Remedy for ambiguity in judgment

Answer 25

it is suggested that the remedy one should avail of, for the removal of the ambiguity in the judgment, is the filing of a motion for clarificatory judgment and not to assail the judgment as void.

Question 26

What are the kinds of judgment?

Answer 26

1. W/out reception of evidence 2. with partial reception of evidence 3. Judgment on merits 4. Judgement nun pro tunc 5. SEVERAL JUDGEMENT 6. SEPARATE JUDGEMENT 7. CONDITIONAL JUDGMENT 8. JUDGMENT SIN PERJUICIO 9. JUDGMENT UPON A COMPROMISE 10. JUDGMENT UPON A CONFESSION (COGNOVIT ACTIONEM 11. JUDGMENT AGAINST AN ENTITY WITHOUT A JURIDICAL PERSONALITY

Question 27

what is the nature of judgment without reception of evidence, on the judgment of pleadings,

Answer 27

appropriate when an answer to a claim fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading. The concept of a judgment on the pleadings will not apply when no answer is filed. It will come into operation when an answer is served and filed but the same fails to tender an issue or admits the material allegations of the adverse party's pleading (See Sec. 1, Rule 34, Rules of Court, as amended by A.M. No. 19-10-20-SC)

Question 28

Is a motion required for judgment on the pleadings?

Answer 28

General rule is that judgment on the pleadings cannot be rendered by the court motu proprio. (Section 1, rule 34) The exception to the rule is that if the parties include in the pre-trial order that the case is being submitted for judgment on the pleadings or summary judgment.

Question 29

What is the essential query in judgment on the pleadings?

Answer 29

whether or not there are issues of fact generated by the pleadings.

Question 30

Cases where judgment on the pleadings will not apply

Answer 30

1. actions for the declaration of nullity of marriage 2. actions for annulment of marriage 3. actions for legal separation

Question 31

Rules of judgment based on compromise

Answer 31

A judgment on compromise refers to a court decision that approves a compromise agreement reached by the parties involved in a case, essentially settling the dispute amicably. This judgment is final and has the same effect as a judgment on the merits, meaning it is binding and enforceable, and has the effect of res judicata. Elaboration:

Question 32

What is the effect of judgment based on compromise in civil vs. criminal cases?

Answer 32

In criminal cases, it is not allowed when evidence has already been presented, meanwhile, it can still be applicable in civil cases provided that there is no judgment or decision yet

Question 33

When is judgment on merits applicable?

Answer 33

when it amounts to a legal declaration of the respective rights and duties of the parties based upon the disclosed facts. What appears to be essential to a judgment on the merit is that it be a reasoned decision, which clearly states the facts and the law on which it is based

Question 34

Reception of evidence in Judgment based on merits

Answer 34

Before a judgment on the merits can be rendered, the court will have received all the evidence presented by the parties, including witness testimony, documents, and other exhibits.

Question 35

Reception of judgment/decision

Answer 35

Before a judgment on the merits can be rendered, the court will have received all the evidence presented by the parties, including witness testimony, documents, and other exhibits.

Question 36

Effect of partial judgment by default

Answer 36

Section 3, Rule 9 Section 3. Default; Declaration 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 notices of subsequent proceedings but shall not take part in the trial.

Question 37

Judgment by failure to attend pre-trial

Answer 37

Section 7. Rule 3 Effect of failure to appear at pre-trial. - The court shall not dismiss the complaint, except upon repeated and unjustified failure of the plaintiff to appear. The dismissal shall be without prejudice, and the court may proceed with the counterclaim. If the defendant fails to appear at the pre-trial, the court shall receive evidence ex parte.

Question 38

Judgment by Demurrer to Evidence

Answer 38

In civil cases, the granting of a demurrer leads to the dismissal of the case against the defendant. In criminal cases, it results in the acquittal of the accused.

Question 39

How is judgment/decision rendered?

Answer 39

the filing of the signed decision, judgment or order with the clerk of court, not the date of the writing of the decision or judgment, nor the signing or even the promulgation thereof

Question 40

Period for rendering a decision

Answer 40

Article VIII, Section 15 of the Ph Constitution Must be resolved by the SC within 24 months from the date of their submission for decision, and unless reduced by the SC, within 12 months for all lower collegiate courts and 3 months for all lower courts

Question 41

When is a decision deemed submitted for resolution?

Answer 41

upon the filing of the last pleading, brief or memorandum required by the Rules of Court or by the court.

Question 42

When does the 90-period for deciding the case commence?

Answer 42

from the submission of the case for decision without memoranda. In case the court requires or allows its filing, the case shall be considered submitted for decision upon the filing of the last memorandum, or the expiration of the period to do so, whichever is earlier. In cases where the court allows the filing of memoranda, no further orders announcing the submission of the case for decision is necessary before they are deemed submitted for decision

Question 43

When does a judgment become final and executory?

Answer 43

The finality of a court decision in the Philippines occurs after the lapse of the prescribed period for filing appeals or motions for reconsideration, provided no such filings are made. For trial court decisions, this period is generally 15 days, and similar timelines apply for appellate decisions. Understanding these procedural timelines is crucial for litigants to navigate the legal process effectively.

Question 44

Motion to dismiss vs. Demurrer to Evidence

Answer 44

The key difference between demurrer to evidence and a motion to dismiss under Rule 16 is that a demurrer is based on insufficient evidence presented, while a motion to dismiss can have several grounds and is filed before a responsive pleading.