O. TRIAL (Rule 30) Flashcards
Definition of Trial
The judicial process of investigating and determining the legal controversies, starting with the production of evidence by the plaintiff and ending with his closing argument. [Acosta v. People, G.R. No. L-17427 (1962)]
Periods for presentation of evidence
GR: Presentation of evidence of all parties shall be terminated within 10 months or 300 calendar days.
EXC: If there are no third (fourth-etc.)- party claim, counterclaim, or cross-claim, the presentation of evidence shall be terminated within 6 months or 180 calendar days.
Note: Trial dates may be shortened depending on the number of witnesses to be presented. [Sec. 1, Rule 30]
When can a court adjourn a trial?
A court may adjourn a trial from day to day, and to any stated time, as the expeditious and convenient transaction of business may require. [Sec. 2, Rule 30]
Limitations on the authority to adjourn
GR: The court has no power to adjourn a trial for a period longer than 1 month for each adjournment; nor more than 3 months in all.
EXC: When authorized in writing by the Court Administrator, Supreme Court. [Sec. 2, Rule 30]
What is the principle for postponement?
A motion for postponement should not be filed in the last hour especially when there is no reason why it could not have been presented earlier. [Cañete v. Judge, CFI Zamboanga del Sur, G.R. No. L-21743 (1968)]
Postponements are discretionary on the court.
Valid grounds for postponement
- Acts of god
- Force majeure
- Physical inability of the witness to appear and testify
- Illness of a party or counsel
NOTE: Illness must be accompanied by affidavit or sworn certification
Agreed Statement of Facts
Parties can agree to submit case for judgment on the facts agreed upon without the introduction of evidence.
When only some facts are agreed upon: trial shall be held as to the disputed facts.
An agreed statement of facts is conclusive on the parties and on the court.
Order of trial; reversal of order
GR: Trial shall be limited to the issues stated in the pre-trial order and proceed under the rules
EXC: When the court for special reasons otherwise directs
What is Consolidation and when is it proper?
Consolidation 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 v. Heirs of Oribello, G.R. No. 199501 (2013)]
When proper: When actions involving a common question of fact or law are pending before the court. [Sec. 1, Rule 31]
Severance
The court may order a separate trial of any claim, cross-claim, counterclaim, or third-party complaint, or of any separate issue. [Sec. 2, Rule 31]
When proper: In furtherance of convenience or to avoid prejudice. [Sec. 2, Rule 31]
When a separate trial of claims is conducted by the court under this section, it may render separate judgments on each claim. [see Sec. 5, Rule 36
Delegation of Reception of Evidence
GR: The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties [Sec. 9, Rule 30]
EXC: The court may delegate the reception of evidence to its COC in:
a. Default hearings
b. Ex parte hearings, or
c. Cases where parties agree in writing.
Note: In order to be able to receive evidence, the clerk of court must be a member of the bar. [Sec. 9, Rule 30]
Objections to Reception of Evidence (as to the Clerk of Court)
The COC has no power to rule on objections to any question or to the admission of exhibits. Objections shall be resolved by the court upon submission of the clerk’s report and the transcripts within 10 calendar days from termination of the hearing. [Sec. 9, Rule 30]
Trial by Commissioner, when discretionary and when necessary
GR: Trial by commissioner depends largely upon the discretion of the court. [Secs. 1-2, Rule 32]
EXC: In the following instances, appointment of a commissioner is necessary:
Expropriation [Rule 67]
Partition [Rule 69]
Reference by consent
The court may order any or all of the issues in a case to be referred to a commissioner by written consent of both parties. [Sec. 1, Rule 32]
Commissioners are to be:
Agreed upon by the parties; OR
Appointed by the court. [Sec. 1, Rule 32]
Reference on motion
When the parties do not consent, the court may, upon the application of either or of its own motion direct a reference to a commissioner in the following cases:
When the trial of an issue of fact requires the examination of a long account on either side, in which case the commissioner may be directed to hear and report upon the whole issue or any specific question involved therein,
When the taking of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect,
When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of a case, or for carrying a judgment or order into effect.
