When case may be referred by the order of the court to a commissioner
a. By written consent of both parties b. By motion of either party or on the
court’s initiative in the following cases:
1. When the trial of an issue if fact requires the examination of a long account on wither side;
2. 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; or
3. When a question of fact, other than upon pleadings, arise upon motion or otherwise, in any stage of a case, or for carrying a judgment or order into effect.
c. In expropriation cases for the purpose of determining just compemsation. (Sec. 5, Rule 67)
d. In partition cases, where the parties are unable to agree upon a partition. (Sec. 3, Rule 69)
Powers of the Commissioner
1. Regulate the proceedings in every hearig before him and to do all acts and take all measures necessary and proper for the efficient performance of his duties under the order of reference;
2. Issue subpoenas and subpoenas duces tecum;
3. Swear witnesses;
4. Unless otherwise provided in the order of reference, he may rule upon the admissibility of evidence.
If a witness refuse to obey a subpoena issued by the commissioner or to give evidence before him, the witness shall be deemed in contempt if the court which appointed the commissioner. (Sec. 7) The commissioner has no power to cite the witness in contempt. Such refusal constitutes an indirect contempt. (Sec. 3) Upon the completion of the trial or hearing or proceeding before the commissioner, the latter shall file within the court his report in writing upon the matters submitted to him by the order of reference. He shall attached thereto all exhibites, affidavots, depositions, papers and the transcript, if any, of the testimonial evidence presented before him.
Thereafter, the court shall set the report for hearing, after which the court shall issue an order adopting, modifying or rejecting the report in whole or in part, or recommitting it with instructions or requiring the parties present further evidence before the commissioner or the court. (Sec. 11). If the parties had stipulated that the commissioner’s factual findings shall be final, the court may only
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consider questions of law arising from the report. (Sec. 11)
RULE 33
DEMURRER TO EVIDENCE
Grounds:
1. Demurrer to evidence is a motion to dismiss based on the ground of insufficiency of evidence and is presented after the plaintiff rests his case
2. A motion to dismiss filed by the defendant after the plaintiff has completed the presentation of his evidence on the ground that upon the facts and the law, the plaintiff has shown no right to relief (Riguera, 2013).
Nature: There is only a one-sided trial.
Example: It is only the plaintiff who has presented evidence.
Purpose: To discourage prolonged litigations.
Effects of Denial:
1. Defendant shall have the right to present evidence
2. The date for reception of defendant’s evidence should be set
3. The order is interlocutory and therefore not appealable but can be subject of petition for certiorari in case of grave abuse of discretion or oppressive exercise of judicial authority.
Effects of Grant:
1. The case shall be dismissed
2. The appellate court should render judgment
3. On appeal, if the order of dismissal is reversed, the movant shall be deemed
to have waived his right to present evidence.
This means the plaintiff already wins the case since the appellate court should render judgment for the plaintiff on the basis of his evidence alone (Riguera, 2015).
Waiver of Right To Present Evidence Occurs when the motion to dismiss on the ground of demurrer to evidence has been granted by the lower court but reversed on appeal.
Movant is deemed to have waived his right to present evidence. The decision of the appellate court will be based only on evidence of the plaintiff as the defendant loses his right to have the case remanded for reception of his evidence.
Q: After the prosecution had rested and made its formal offer of evidence, with the court admitting all of the prosecution evidence, the accused filed a demurer to evidence with leave of court. The prosecution was allowed to comment thereon. Thereafter, the court granted the demurer, finding that the accused could not have committed the offense charged.
If the prosecution files a motion for reconsideration on the ground that the court order granting the demurer was not in accord with law and jurisprudence, will the motion prosper? (BAR 2009)
A:NO, the motion will not prosper. With the granting of the demurrer, the case shall be dismissed and the legal effect is the acquittal of the accused. A judgment of acquittal is immediately executor and no appeal can be made therefrom.
Otherwise the Constitutional protection against double jeopardy would be
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violated.
Civil Cases Criminal Cases AS TO REQUIREMENT FOR
LEAVE OF COURT Not required before
filing a demurrer May be filed with or without leave of court
RIGHT TO APPEAL 1. If demurrer is
granted, the order of dismissal is
appealable. Refer to Rule 33, Sec.1.
2. If on appeal and the order of dismissal was reversed by the appellate court, the defendant loses his right to present evidence (Radiowealth v Sps. Del Rosario, GR No. 138739, 2000).
The order of dismissal is not appealable
because of the constitutional policy against double jeopardy.
EFFECTS OF DENIAL If demurrer is denied,
the defendant may proceed to present his evidence.
If denied:
1. With leave of court, accused may present his evidence.
2. Without leave of court, accused can no longer present his evidence and submits the case for decision based
on the
prosecution’s evidence.
JUDGMENTS AND FINAL ORDERS Judgment – the final consideration and
determination by a court of the right of the parties, upon matters submitted to it in an action or proceeding.
Requisites for a Valid Judgment:
1. The court or tribunal must be clothed with authority to hear and determine the matter before it (Riano, 2015 citing Acosta vs.COMELEC, 293 SCRA 578, 580).
The term "clothed with authority"
includes jurisdiction over the subject matter of the case and over the person of the defendant, or over the res, in an action in personam or quasi in rem (SPR). (Riguera, 2015).
2. Parties must have been given an opportunity to adduce evidence in their behalf (Riano, 2011 citing Acosta vs. COMELEC, 293 SRA 578, 580).
Indispensible parties should have been impleaded. (Riguera, 2013) 3. It should be in writing. A verbal
judgment is, in contemplation of law, not in esse, therefore, ineffective (Riano, 2014 citing Corpus vs.
Sandiganbayan, 442 SCRA 294, 309);
4. It must state clearly and distinctly state the facts and the law on which it is based, signed by the judge and filed with the clerk of court; and
5. It should contain a dispositive part (Riano 2014, citing Cu-Unjieng vs.
Mabalacat Sugar Co., 70 Phil. 384) and should be signed by the judge and filed with the clerk of court.
Note: Findings of fact – Statement of facts in judgment must be supported by evidentiary facts. This rule, however, does not require that the
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court shall state in its decision all the facts found in the records (Riano 2011, citing People vs. Derpo, 168 SCRA 447, 455).
TYPES OF JUDGMENTS:
1. Judgment by Default - It is a judgment granting the claimant such relief as his pleading may warrant after the defending party fails to answer within the time allowed therefore, upon motion of the claiming party, with notice to the defending party, and proof of such failure to answer. (Rule 9, Sec. 3)
2. Judgment on the Pleadings - It is a judgment based solely on the relief prayed for in the complaint without plaintiff adducing any evidence (Riguera, 2014).
3. Summary Judgment - A judgment rendered by a court without a full-blown trial, if the court finds that, except as to the amount of damages, there is no genuine issue as to any material fact and the plaintiff or defendant is entitled to a judgment as a matter of law (Riguera 2015).
4. Several Judgment - A judgment rendered by a court against one or more defendants, but not against all, leaving the action to proceed against the others (Riano, 2014 citing Rule 36, Sec. 4).
5. Separate Judgment - This kind of judgment presupposes that there are several claims for relief presented in a single action. The court may render separate judgment on one of the several claims. The judgment will terminate the action with respect to that claim and the action shall proceed as to the remaining claims.
The court may stay the execution of the separate judgment until the rendition of a judgment on all the other claims (Riano, 2011 citing Rule 36, Sec. 5).
6. Judgment for Specific Acts - A judgment which directs a party to execute a conveyance of land or personal property, or to deliver deeds or other documents, or to perform any other specific act. ( Rule 39, Sec. 10)
7. Special Judgments - One which requires the performance of any act, other than the payment of money or the sale or delivery of real or personal property, which a party must personally do because his personal qualifications and circumstances have been taken into consideration (Riguera, 2013 citing Caluag vs.
Pecson, 82 Phil. 8; Rule 39, Sec.11).
8. Judgment upon a Confession (Cognovit Judgment) – one entered against a person upon his admission or confession of liability without the formality, time and expense involved in an ordinary proceeding.
9. Judgment upon Compromise – judgment rendered with the consent of the parties for the purpose of effecting compromise or settlement of an action.
General Rule: A lawyer cannot compromise his client’s litigation without special authority.
Exception: If upon knowledge of such compromise, the client failed to repudiate the action of the lawyer.
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Note: Effect of Compromise agreement entered into by a lawyer without special authority is Unenforceable.
Effect of a judgment based upon Compromise Agreement
a. The compromise agreement is not appealable and it is immediately executory
b. It cannot be annulled
Unless vitiated with error, deceit, violence or forgery of documents c. It constitutes res judicata
Judicial Compromise – Substantive law does not require a court approval for the res judicata effect of a compromise agreement to attach. However, there shall be no execution of the compromise agreement except in compliance with a judicial compromise (Riano 2011, citing Art. 2037, Civil Code).
10. Clarificatory Judgment - Where the judgment is difficult to execute because of ambiguity in its terms, it is suggested that the remedy to avail of is to have the court remove the ambiguity by the filing of a motion for a clarificatory judgment and not to assail the judgment as void (Riano, 2014).
11. Nunc Pro Tunc Judgment (Judgment now for then) – entry made now of something which was actually previously done; One rendered to record some judicial act done at a former time but which was not carried into record (Riguera 2013).
It cannot correct judicial errors, however flagrant and glaring these may be (Riguera 2013, citing Henderson v Tan, 87 Phil. 466), nor can it construe what a judgment
means (Lichauco v Tan Po, 51 Phil.
862).
12. Sin Perjuicio Judgment – one which contains only the dispositive portion of the decision and reserves the making of findings of fact and conclusions of law in a subsequent judgment. They are prohibited. They are judgments without statement of facts in support of its conclusion which is void for it violates Sec. 15, Article VIII of the Constitution.
Thus, the party adversely affected would be unable to file a motion for reconsideration or appeal the judgment for he has to speculate on the grounds upon which the judge based his decision (Riguera 2013).
13. Conditional Judgment – one which is subject to the performance of a condition precedent and is not final until the condition is performed. Such judgment is generally void because of the absence of a disposition (Riano 2011, citing Cu-Unjieng v Mabalacat Sugar Co., 70 Phil. 384)
14. Incomplete Judgment – one which leaves certain matters to be settled in a subsequent proceedings.
Default Judgment
Judgment upon the Pleadings
Judgment upon Confession Defendant
failed to file an answer.
Defendant filed an answer but
does not contain any
defense.
Defendant will not file an
answer but will tell the court the he is admitting his liability.
Judgment upon Judgment upon
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Compromise Confession 1. The liability of
the defendant is to be determined in accordance with the terms of the agreement of the parties
1. The defendant confesses the action and consents to the judgment that the court may render in
accordance with the compromise and the prayer.
2. There is mutual or reciprocal concessions
2. It is unilateral.
It only comes from the defendant.
Dormant Judgment – one that is not enforced within 5 years.
Rendition of Judgment
The filing of the same with the clerk of court, not the pronouncement of judgment in open court (Riano, 2011).
Even if the judgment has already been put in writing and signed, it is still subject to amendment if it has not yet been filed with the clerk of court and before its filing it does not yet constitute the real judgment of the court (Riano, 2011 citing Ago v CA, 6 SCRA 530, 535).
JUDGMENT WITHOUT TRIAL
1. Default Judgment – A binding judgment in favor of either party on some failure to take action by the other party.
It is a judgment granting the claimant such relief as his pleading may warrant after the defending party fails to answer within the time allowed, upon motion of the claiming party, with notice to the defending party and
proof of such failure to answer or appear before the court of law. Refer to Rule 9, Sec.3.
2. Summary Judgment – A determination made by a court without a full trial.
Judgment may be issued as to the merits of an entire case or specific issues in that case.
3. Voluntary Dismissal – The lawsuit is terminated by voluntary request of the plaintiff. Refer to Rule 17, Secs. 1-2.
CONTENTS OF JUDGMENT
1. The opinion of the court – contains the findings of facts and conclusion of law
2. The disposition of the case (Dispositive part)– final and actual disposition of the rights litigated 3. Signature of the judge(Herrera) Conflict between the Dispositive Portion (fallo) and Body of the Decision (ratio decidendi)
General Rule: The fallo controls. The fallo is the final order while the opinion in the body is merely a statement ordering nothing.
Exception: The body or ratio decidnedi will prevail while the inevitable conclusion from the body of the decision is so clear that there was a mere mistake in the dispositive portion (Riano, 2014 citing So v Food Fest Land Inc., 642 SCRA 492, 2011).