Otros ejemplos del rol de los militares en la política exterior

instance of the plaintiff$

:ismissal is not procured b# plaintiff

though /ustified b#

causes imputable to him$

:ismissal is a matter of procedure, without

pre/udice unless otherwise stated in

:ismissal is a matter of evidence, an ad/udication on the

merits$

REMEDIAL LAW COMMITTEE

CHAIRPERSON:  Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae

%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+

S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence

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the order of the court or on plaintiffs motion to dismiss his

own complaint$

:ismissal is without pre/udice to the right

of the defendant to prosecute his counterclaim in a separate action unless

wJin 1+ da#s from notice of the motion

he manifests his intention to have his counterclaim resolved

in the same action

:ismissal is without pre/udice to the right

of the defendant to prosecute his counterclaim on the

same or separate action.

RULE 1

PRE>TRIAL

PRE>TRIAL- a mandator# conference and personal confrontation before the /udge between the parties and their respective counsel.

he plaintiff must promptl# move e"

parte that the case be set for pre-trial , and this he must do upon the service and filing of the last pleading.

he pre-trial and trial on the merits of the case must be held on separate dates.

;6en non>a//earance o' a /art) &a) (e ec,sed 7Sec.58*

1. *f a valid cause is shown therefore

%. *f a representative shall appear in his behalf full# authoriFed in writing to!

a. 5nter into an amicable settlement

b. Submit to alternative modes of dispute resolution

c. 5nter into stipulations or admissions of facts and of documents

( special authorit# for an attorne# to compromise is re>uired under Sec. 03

R,-e 13. Under Art. 1B 7c8 o' t6e

Civi- Code, a special power of attorne#

is re>uired.

E!!ECT O! NON>APPEARANCE O!

PLAINTI!!!

Cause for dismissal of the action, with pre/udice, unless otherwise ordered b#

the court.

E!!ECT O! NON>APPEARANCE O!

DE!ENDANT*

Cause to allow the plaintiff to present evidence e" parte and the court to render /udgment on the basis thereof.

Pre>tria- (rie'. *t is the mandator# dut#

of the parties to seasonabl# file their pre-trial briefs under the conditions and with the sanctions provided therein.

ailure to file pre-trial brief has the same effect as failure to appear at the pre-trial.

Record o' /re>tria-. he contents of the D65-6*(; order shall control the subse>uent course of the action, UA;5SS modified before trial to prevent manifest in/ustice.

( part# is deemed to have waived the delimitations in a pre-trial order if he failed to ob/ect to the introduction of evidence on an issue outside of the pre-trial order, as well as in cross-e"amining the witness in regard to said evidence.

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@- C+! - P84!7 P7S. S + A

P!G.

RULE 1=

INTERVENTION

;2O &a) intervene

1. 0ne who has legal interest in the matter in litigation

%. 0ne who has legal interest in the success of either of the parties,

&. 0ne who has an interest against both parties

?. 0ne who is so situated as to be adversel# affected b# a distribution or other disposition of propert# in the custod# of the court or of an officer thereof.

!ACTORS TO E CONSIDERED " T2E COURT

1. <hether or not the intervention will undul# dela# or pre/udice the ad/udication of the rights of the original parties$

%.

<hether or not the intervenors rights ma# be full# protected in a separate proceeding.

he interest which entitles a person to intervene in a suit must be on the matter in litigation and of such direct

REMEDIAL LAW COMMITTEE

CHAIRPERSON:  Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae

%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+

S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence

PRE>TRIAL

(micable Settlement

ailure to (ppear

*f plaintiff is (bsent, when so re>uired to attend, the

court ma#

dismiss the case

Co,rt renders decision

*f evidence is insufficient to prove plaintiffs cause of

action or defendants counterclaim, court rules in

favor of either one or dismisses the case Ao

Settlement

TRIAL (greements made b# parties$

(mendments to pleading$

Schedule of trial

*f defendant is absent, court ma#

hear evidence of plaintiff

e" parte

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and immediate character that the intervenor will either gain or lose b# the direct legal operation and effect of the /udgment.

INTERVENTION INTERPLEADER   (n ancillar# action. (n original action.

Droper in an# of the four situations mentioned in this

6ule.

Dresupposes that the plaintiff has no interest in the sub/ect

matter of the action or has an interest

therein, which in whole or in part, is not

disputed b# the other parties to the action.

:efendants are alread# original parties to the pending

suit

:efendants are being sued precisel# to

implead them

Section 0. Ti&e to intervene.

(t an# time before rendition of /udgment b# the trial court.

4USTI!ICATION* 3efore /udgment is rendered, the court, for good cause shown, ma# still allow the introduction of additional evidence and that is still within the liberal interpretation of the period for trial.

Since no /udgment has #et been rendered, the matter sub/ect of the intervention ma# still be readil# resolved and integrated in the /udgment disposing of all claims in the case.

REEDIES !OR T2E DENIAL O!

INTERVENTION*

1. !PP!7

%. M!!M0S if there is grave abuse of discretion

*f there is improper granting of intervention, the remed# of the part# is certiorari

.

RULE 01 SUPOENA

SUPOENA SUONS

an order to appear and testif# or to produce boos and documents

0rder to answer complaint ma# be served to a

non-part#

Served on the defendant needs tender of

ilometrage, attendance fee and

reasonable cost of production fee

does not need tender of ilometrage and

other fees

SUPOENA AD TESTI!ICANDU @ a process directed to a person re>uiring him to attend and to testif# at the hearing or the trial of an action, or at an# investigation conducted b#

competent authorit#, or for the taing of his deposition.

SUPOENA DUCES TECU @ a process directed to a person re>uiring him to bring with him boos, documents, or other things under his control.

Section 0. ) 6o& iss,ed

;2O &a) iss,e

1. Court before whom the witness is re>uired to attend

%. Court of the place where the deposition is to be taen

&. 0fficer or bod# authoriFed b#

law to do so in connection with investigations conducted b# said officer or bod#

?. (n# 4ustice of the SC or of the C( in an# case or investigation pending within the Dhilippines.

SU3D05A( 0 ( D6*S0A56 @ must be for a valid purpose$ if prisoner re>uired to appear in court is sentenced to death, reclusion perpetua or life imprisonment and is confined in prison @ must be authoriFed b# the SC.

Section 5. #UAS2ING A SUPOENA.

(. S,(/oena DUCES TECU ma# be

>uashed upon proof that!

1. *t is unreasonable and oppressive$

%. he articles sought to be produced do not appear prima facie to be relevant to the issues$

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&. he person asing for the subpoena does not advance the cost for the production of the articles desired.

3. S,(/oena AD TESTI!ICANDU  ma#

be >uashed if the witness is not bound thereb#.

*n 5*E56 case, the subpoena ma# be

>uashed for failure to tender the witness fees and ilometrage allowed () t6e R,-es.

GENERAL RULE

a. he court which issued the subpoena ma# issue a warrant for the arrest of the witness and mae him pa# the cost of such warrant and seiFure, if the court should determine that his disobedience was willful and without /ust cause 'Sec. 8$

b. he refusal to obe# a subpoena without ade>uate cause shall be deemed a contempt of the court issuing it 'Sec.9.

Ece/tions*

Drovisions regarding the compelling of attendance 'Sec. 8 and contempt 'Sec.

9 does not appl# where!

a. <itness resides more than 1II

m from his residence to the place where he is to testif# b#

the ordinar# course of travel, generall#, b# overland transportation 7VIATOR"

RIG2T8.

b. Dermission of the court in which the detention prisoners case is pending was not obtained.

RULES O! DISCOVER"

DISCOVER" - is the procedure b# which one part# in an action is enabled to obtain before trial nowledge of relevant facts and of material evidence in the possession of the adverse part# or of a witness.

Rationa-e o' discover)* to enable the parties to obtain the fullest possible

nowledge of the issues and evidence long before the trial to prevent such trial from being carried on in the dar.

odes o' discover) ,nder t6e R,-es o' Co,rt

1. :epositions pending action '6ule

%&.

%. :epositions before action or pending appeal '6ule %?.

&. *nterrogatories to parties '6ule

%+.

?. (dmission b# adverse part# '6ule

%.

+. Droduction or inspection of documents, or things '6ule %7.

. Dh#sical and mental e"amination of persons '6ule %8.

Discover) (e'ore anser.

*t is onl# in the e"ceptional or unusual case that the need for discover# arises, or that it should be allowed before service of answer.

=odes of :iscover# are intended to be CU=U;(*)5, and not alternative nor mutuall# e"clusive.

:iscover# is A0 =(A:(06K but failure to avail carries sanctions in R,-es 0% and 0+.

RULE 03

DEPOSITIONS PENDING ACTION DEPOSITION @ is a written testimon# of a witness given in the course of a /udicial proceeding in advance of the trial or hearing upon oral e"amination or in response to written interrogatories and where an opportunit# is given for cross-e"amination.

:epositions are intended as a means to compel disclosure of facts resting in the

nowledge of a part# or other person, which are relevant in a suitJproceeding.

CLASSI!ICATIONS O! DEPOSITIONS 1. :epositions on 06(;

5L(=*A(*0A and :epositions

upon <6*5A

*A56602(06*5S

REMEDIAL LAW COMMITTEE

CHAIRPERSON:  Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae

%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+

S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence

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%. :epositions "! B!N! !SS!  -those taen for purposes of a pending action '6ule %& $ and

&. :epositions (N P!RP!T/A R!(

 !OR(A - those taen to perpetuate evidence for purposes of anticipated action, or in the event of further proceedings in a case on appeal, and to preserve it against danger of loss '6ule %?.

;2EN TAFEN

<*E ;5()5 0 C0U6

1. after /urisdiction has been obtained over an# defendant or over the propert# which is the sub/ect of the action and 35065 answer.

%. :eposition of a person confined in prison.

<*E0U ;5()5 0 C0U6

(56 answer (A: deponent is not confined in prison.

Section 5. Use o' de/ositions.

<here the witness is available to testif#

and the situation is not one of those e"cepted under Sec. ?, his deposition is inadmissible in evidence and he should be made to testif#.

*t can be used as evidence b# a part# for an# purpose under the specific conditions in Sec. ?.

DEPONENT USE

(n# person 3# an# part# for contradicting or impeaching the testimon# of deponent

as witness ( part# or an# one

who at the time of the deposition was

an 0*C56, :*65C06, or

=(A(2*A2 (25A of a public or private corp., partnership, or association which

is a part#

3# an adverse part# for an# purpose

<itness, whether or not a part#

3# an# part# for an#

purpose if the court finds the + instances

occurring

SCOPE O! IN#UIR" IN DEPOSITIONS*

1. =atter which is relevant to the sub/ect of the pending action$

%. Aot privileged

&. Aot restricted b# a protective order

Certiorari will not lie against an order admitting or re/ecting a deposition in evidence, the remed# being an appeal from the final /udgment.

Section B. E''ect o' ta@ing de/ositions.

( part# shall not be deemed to mae a person his own witness for an# purpose b# taing his deposition because depositions are taen for discover# and not for use as evidence.

Ece/tion* *f a part# offers the deposition in evidence, then he is deemed to have made the deponent his witness 7Sec.8

Ece/tion to t6e Ece/tion* Unless the deposition is that of an# adverse part#, and unless, of course, the deposition is used for impeaching or contradicting the deponent 7Sec.8.

Section 1 and 11. Persons (e'ore

6o& de/ositions &a) (e ta@en.

;IT2IN T2E P2ILIPPINES*

1. /udge

%. notar# public

&. an# person authoriFed to administer oaths, as stipulated b# the parties in writing

OUTSIDE T2E P2ILIPPINES*

1. on notice, before a secretar# of embass# or legation, consul general, consul, vice-consul, or consular agent of the Dhil.

%. before such person or officer as ma# be appointed b# commission or letters rogator#

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&. an# person authoriFed to administer oaths, as stipulated b# the parties in writing Section 10. Co&&ission or -etters rogator).

COISSION LETTERS ROGATOR"

*ssued to a non-/udicial foreign officer

who will directl# tae the testimon#

*ssued to the appropriate /udicial officer of the foreign countr# who will direct

somebod# in said foreign countr# to tae

down testimon#

(pplicable rules of procedure are those of

the re>uesting court

(pplicable rules of procedure are those of

the foreign court re>uested to act 6esorted to if

permission of the foreign countr# is

given

6esorted to if the e"ecution of the commission is refused in

the foreign countr#

;eave of court is not necessar#

;eave of court is necessar#

Section 1. otion to ter&inate or -i&it ea&ination.

A" E !ILED*

1. an# time during the taing of the deposition

%. on motion or petition of an#

part# or of the deponent$ or

&. upon showing that the e"amination is conducted in !

a. bad faith

b. in such manner as unreasonabl# to anno#, embarrass, or oppress the deponent or part#

RULE 05

DEPOSITIONS E!ORE ACTION OR PENDING APPEAL

:epositions under this 6ule are also taen conditionall#, to be used at the trial onl# in case the deponent is not available.

:epositions under this 6ule do not prove the e"istence of an# right and the testimon# perpetuated is not in itself conclusive proof, either of the e"istence

of an# right nor even of the facts to which the# relate, as it can be controverted at the trial in the same manner as though no perpetuation of testimon# was ever had. Eowever, in the absence of an# ob/ection to its taing, and even if the deponent did not testif#

at the hearing, the perpetuated testimon# constitutes  prima 'a#ie proof of facts referred to in the deposition.

Section +. Use o' de/osition.

*f deposition is taen under this 6ule, it ma# be used in an# action involving the S(=5 SU345C =(56 subse>uentl#

brought.

Section B. De/ositions /ending a//ea-.

Sec. 7 is the procedure in perpetuating testimon# (56 4U:2=5A *A E5 6C and :U6*A2 E5 D5A:5ACK 0 (A (DD5(;.

RULE 0%

INTERROGATORIES TO PARTIES DU6D0S5 of <ritten *nterrogatories! to elicit facts from an# adverse part#

'answers ma# also be used as admissions of the adverse part#

<ritten interrogatories and the answers thereto must both be *;5: and S56)5:.

Interrogatories i-- o' Partic,-ars ( part# ma# properl#

see disclosure of matters of proof which ma# later be made a part of the records as evidence.

( part# ma# properl#

see disclosure onl# of matters which define the issues and become

a part of the pleadings.

( part# ma# serve written interrogatories!

1. <*E0U ;5()5 0 C0U6 @ after answer has been served, for the first set of interrogatories.

%. <*E ;5()5 0 C0U6 @ before answer has been served '65(S0A! at that time, the

REMEDIAL LAW COMMITTEE

CHAIRPERSON:  Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae

%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+

S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence

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issues are not #et /oined and the disputed facts are not #et clear, when more than one set of interrogatories is to be served.

( /udgment b# default ma# be rendered against a part# who fails to answer written interrogatories

0nl# one set of interrogatories b# the same part# is allowed. ;eave of court is necessar# for succeeding sets of interrogatories.

Section +. E''ect o' 'ai-,re to serve

ritten interrogatories.

6ule %+ and 6ule % are directed to the part# who fails and refuses to 65S06 to the discover# procedures, and should not be confused with the provisions of 6ule

%9 which provides for sanctions or other conse>uences upon a part# who refuses or fails to C0=D;K with discover#

procedures dul# availed of b# opponent.

he /ustification for this provision is that the part# in need of relevant facts having foregone the opportunit# to in>uire into the same from the other part# through means available to him, he should not thereafter be permitted to undul# burden the latter with courtroom appearances or other cumbersome processes.

Unless a part# had been served written interrogatories, he ma# not be compelled b# the adverse part#!

1. to give testimon# in open court, or

%. give a deposition pending appeal.

he onl# ece/tion  is when the court allows it for 200: C(US5 shown and to prevent a failure of /ustice.

De/ositions U/on

;ritten Interrogatories to Parties ,nder R,-e

03 Sec. 0%

Interrogatories to Parties ,nder R,-e

0%

(s to :eponent Dart# or ordinar#

witness

(s to :eponent part# onl#

(s to Drocedure

<ith intervention of the officer authoriFed

b# the Court to tae deposition

(s to Drocedure no intervention.

<ritten interrogatories are directed to the part#

himself  (s to Scope

:irect, cross, redirect, re-cross

(s to Scope onl# one set of interrogatories

*nterrogatories no fi"ed time

*nterrogatories 1+ da#s to answer unless e"tended or reduced b# the court

RULE 0+

ADISSION " ADVERSE PART"

Section 1. Re9,est 'or ad&ission.

DU6D0S5 0 written re>uest for admission is to e"pedite trial and relieve the parties of the costs of proving facts which will not be disputed on trial and the truth of which can be ascertained b#

reasonable in>uir#.

<hen re>uest ma# be made! at an# time after the issues have been /oined.

;6at re9,est &a) inc-,de

1. (dmission of the genuineness of an# material and relevant document described in and e"hibited with the re>uest.

%. (dmission of the truth of an#

material and relevant matter of fact set forth in the re>uest.

&. Under this rule, a matter of fact not related to an# documents ma# be presented to the other part# for admission or denial.

Section 0. I&/-ied Ad&ission.

he effect of a (*;U65 to mae a repl#

to a re>uest for admission is that each of the matters of which an admission is re>uested is deemed admitted.

( sworn statement either den#ing specificall# each matter or setting forth

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in detail the reasons wh# he cannot

in detail the reasons wh# he cannot

In document LA PAZ COMO CULTURA, ÉTICA Y LIBERTAD (página 185-188)