III. WAIVER OF PRIVILEGE
[Rule 28, Sec. 4]Where the party examined requests and obtains a report on the results of the examination, the consequences are:
(1) He has to furnish the other party a copy of the report of any previous or subsequent examination of the same physical and mental condition; and
(2) He waives any privilege he may have in that action or any other involving the same controversy regarding the testimony of any other person who has so examined him or may thereafter examine him
O.6. CONSEQUENCES OF REFUSAL TO COMPLY
[Rule 29]
Form of
Refusal Sanctions
Refusal to answer any question [Sec. 1 and 2]
The court may, upon proper application, compel a refusing deponent to answer [Sec. 1]
(1) If granted, and refusal to answer is without substantial justification, court may require the refusing party to pay proponent the reasonable expenses incurred in obtaining the order (2) If denied, and filed
89 Form of
Refusal Sanctions
without substantial justification, court may require proponent to pay contempt of court
Refusal to be Sworn [Sec. 2]
Cite the disobedient deponent in contempt of disobedient party to support or oppose claims or defenses
(3) Strike out pleadings or parts thereof
(4) Stay further proceedings (5) Dismiss the action or pay him reasonable expenses incurred, including attorney’s fees
PROVIDED that party
requesting proves
genuineness of such document or truth
UNLESS court finds: Philippines. [Rule 29, Sec. 6]
P. TRIAL
Trial – is the judicial process of investigating and determining the legal controversies, starting with the production of evidence by the plaintiff and ending with his closing arguments [Acosta v. People [1962]].
A hearing is a broader term. It is not confined to the trial and presentation of the evidence
90 because it actually embraces several stages in the litigation. It includes the pre-trial and the determination of granting or denying a motion.
[Trocio v. Labayo [1973]]
General rule: When an issue exists, trial is necessary. Decision should not be made without trial.
Exceptions
A civil case may be adjudicated upon without the need for trial in any of the following cases:
(1) Where the pleadings tender no issue at all, judgment on the pleadings may be directed by the court [Rule 34]
(2) Where from the pleadings, affidavits, depositions and other papers, there is actually no genuine issue, the court may render a summary judgment [Rule 35]
(3) Where the parties have entered into a compromise or an amicable settlement either during the pre-trial or while the trial is in progress [Rule 18; Art. 2028, Civil Code]
(4) Where the complaint has been dismissed with prejudice, or when the dismissal has the effect of an adjudication on the merits [Rule 16, Sec. 5; Rule 17, Sec. 3; Rule 7, Sec.
5]
(5) Where the case falls under the Rules on Summary Procedure, and
(6) Where the parties agree, in writing, upon the facts involved in the litigation and submit the case for judgment on the facts agreed upon, without the introduction of evidence. [Rule 30, Sec. 6] [Riano]
Notice of Trial
Upon entry of a case in the trial calendar, the clerk shall notify parties the date of its trial, ensuring receipt of the notice at least 5 days before the trial date. [Rule 30, Sec. 1]
I. ADJOURNMENTS AND
POSTPONEMENTS
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 Limitations
The court has no power to adjourn a trial for:
(1) A period longer than one month for each adjournment; or
(2) More than 3 months in all
Exception: The court may go beyond these limitations, if authorized in writing by the Court Administrator.
Postponement
A motion for postponement should not be filed on the last hour especially when there is no reason why it could not have been presented earlier. A party asking for postponement has no absolute right to expect that his motion would be granted. [Republic v. Sandiganbayan]
Requisites of Motion to Postpone Trial
(1) For absence of evidence [Rule 30, Sec. 3] – Motion accompanied by affidavit showing:
(a) That the materiality or relevancy of the evidence; and
(b) That diligent efforts had been exerted to procure the evidence
(2) For illness of party or counsel [Rule 30, Sec.
4] -- Motion accompanied by affidavit or sworn certification showing:
(a) The presence of such party or counsel at the trial is indispensable; and
(b) That the character of his illness is such as to render his non-attendance excusable
II. AGREED STATEMENT OF FACTS
The parties may agree, in writing, upon the facts involved in the litigation and submit the
91 case for judgment in the facts agreed upon, without the introduction of evidence
If the parties agree only on some of the facts in issue, trial shall be held as to the disputed facts in such order as the court shall prescribe.
[Rule 30, Sec. 6]
Stipulation in Civil Cases
Stipulation in Criminal Cases
May be signed alone by the counsel, who has an SPA
Must be signed by both counsel and accused
May be made verbally or in writing
Strict; it must always be in writing
An agreed statement of facts is conclusive on the parties, as well as on the court. Neither of the parties may withdraw from the agreement, nor may the court ignore the same. [McGuire v.
Manufactures Life]
III. ORDER OF TRIAL
Trial shall be limited to the issues stated in the pre-trial order, except in the following cases:
(1) the court orders separate trial under Rule 31, Sec. 2, in the furtherance of convenience or to avoid prejudice; or
(2) when for special reasons the court directs otherwise
General Order of Trial
(1) Plaintiff’s evidence in chief
(2) Defendant’s evidence in chief and evidence in support of his counterclaim, cross-claim and 3rd-party complaint
(3) 3rd-party defendant shall adduce evidence of his defense, counterclaim, cross-claim, and 4th party complaint
(4) 4th-party defendant shall adduce evidence, and so forth
(5) Parties against whom any counterclaim or cross-claim has been pleaded shall adduce evidence in support of their defense, in the order to be prescribed by court
(6) Parties may then respectively adduce rebutting evidence only, unless the court permits them to adduce evidence upon original case
(7) Upon admission of evidence, case submitted for decision, unless court directs parties to argue or to submit respective memoranda or any further pleading [Rule 30, Sec. 5]
Reverse Order
The defendant presents evidence ahead of the plaintiff, when the defendant relies in his Answer only upon an affirmative defense.
Where the answer of the defendant admitted the obligation stated in the complaint, although special defenses were pleaded, the plaintiff has every right to insist that it was for the defendant to come forward with evidence to support his special defenses. [Yu v. Mapayo]
The reasoning behind this is that the plaintiff need not present evidence since judicial admissions do not require proof [Sec. 2, Rule 129]
IV. CONSOLIDATION OR SEVERANCE OF HEARING OR TRIAL
Consolidation – a procedural device, gratned to the court as an aid in deciding how case 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 (2013)]
When proper: When actions involving a common question of fact or law are pending before the court [Rule 31, Sec. 1]
Court action: The court may:
(1) Order a joint hearing or trial of any or all matters in issue in the actions
(2) Order all actions consolidated; or
92 (3) Make such orders concerning proceedings
therein as may tend to avoid unnecessary costs or delay
Purpose: To avoid multiplicity of suits, guard against oppression or abuse, prevent delay, clear congested dockets, simplify the work of the trial court and save unnecessary costs and expenses
Where a case has been partially tried before one judge, the consolidation of the same with another related case pending before another judge who had no opportunity to observe the demeanor of the witness during trial makes the consolidation not mandatory. [PCGG v.
Sandiganbayan (1992)]
It has been held that the rules do not distinguish between cases filed before the same branch or judge and those that are pending in different branches or before different judges of the same court, in order that consolidation may be proper, as long as the cases involve the resolution of questions of law or facts in common with each other [Active Woods Products Co. Inc. v. CA]
Kinds of Consolidation [Republic v. Heirs of Oribello (2013)]
(1) Quasi-consolidation – where all, except one, of several actions are stayed until one is tried, in which case, the judgment in the one trial is conclusive as to others; not actually consolidation but referred to as such
(2) Actual consolidation – where several actions are combined into one, lose their separate identity, and become one single action in which judgment is rendered (3) Consolidation for Trial – where several
actions are ordered to be tried together, but each retains its separate character, and requires the entry of separate judgment
Severance – definition
When proper: A single action has a number of claims, counterclaims, cross-claims, third-party complaints or issues which may be separately tried for convenience, or to avoid prejudice.
When 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]
This provision permitting separate trials presupposes that the claims involved are within the jurisdiction of the court
When one of the claims is not within its jurisdiction, the same should be dismissed, so that it may be filed in the proper court
V. DELEGATION OF RECEPTION OF EVIDENCE
General Rule: The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties. [Rule 30, Sec. 9]
Exception: The court may delegate the reception of evidence to its clerk of court who is a member of the bar in:
1. Default hearings;
2. Ex parte hearings;
3. Cases where parties agree in writing.
The clerk of court has no power to rule on objections to any question or the admission of exhibits. Objections shall be resolved by the court upon submission of the clerk’s report and TSN within 10 days from termination of the hearing.
The rule requires that, where the reception of evidence is delegated to the clerk of court, he must also be a member of the bar. Neither
93 agreement by parties nor their acquiescence can justify its violation. [Umali-Paco v. Quilala]
VI. TRIAL BY COMMISSIONERS
Commissioner - A person to whom a case pending in court is referred, for him to take testimony, hear the parties and report thereon to the court, and upon whose report, if confirmed, judgment is rendered
General rule: Trial by commissioner depends largely upon the discretion of the court
Exception: In the following instances, appointment of a commissioner is necessary:
(1) Expropriation [Rule 67]
(2) Partition [Rule 69]
(3) Settlement of Estate of a Deceased Person in case of contested claims; and
(4) Submission of Accounting by executors or administrators
Kinds of Trial by Commissioners
(1) Reference by consent of both parties.
(2) Reference ordered on motion when:
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. [Rule 32, Sec. 1]
Commissioners are to be:
(1) Agreed upon by the parties; or (2) Appointed by the court Reference Ordered on Motion
The court may direct reference to a commissioner, upon application of a party or upon its own motion, in the ff. cases:
(1) When trial of an issue of fact requires examination of long account;
(2) When taking of an account is necessary;
(3) When question of fact, other than upon pleadings, arises upon motion or otherwise,
in any stage, or for carrying a judgment into effect [Rule 32, Sec. 2]
Order of Reference: [Rule 32, Sec. 3]
When a reference is made, the clerk shall furnish the commissioner with a copy of the order of reference, which may contain the following:
(1) specifications or limitations of the powers of the commissioner;
(2) a direction to report only upon particular issues, to do or perform particular acts, or to receive and report evidence only
(3) the date for beginning and closing the hearings, and that for the filing of his report
Powers of Commissioner
(1) Exercise power to regulate the proceeding before him
(2) Do all acts and take all measures necessary or proper for the efficient performance of his duties
(3) Issue subpoena and subpoenas duces tecum
(4) Swear witnesses
(5) Rule upon the admissibility of evidence, unless otherwise provided in the order of reference
Note: Refusal of a witness to obey such subpoena or to give evidence before him is deemed contempt of the court which appointed the commissioner. [Rule 32, Sec. 7]
Proceedings before the Commissioner [Rule 32, Sec. 5]
(1) Upon receipt of the order of reference, the commissioner shall set a time and place for the first meeting of parties or their counsel (2) Notices shall be sent to parties or counsel (3) Hearing is to be held within 10 days after
date of order of reference
94 (4) If a party fails to appear, the commissioner
may: [Sec. 6]
(a) Proceed ex parte; or
(b) Adjourn the proceedings to a future date giving notice to the absent party or his counsel
Report of the Commissioner [Rule 32, Sec. 9]
The report is filed with the court upon completion of the trial, hearing or proceeding before the commissioner.
Contents:
(1) Report in writing upon the matters submitted to him by the order of reference (2) When his powers are not specified or
limited, he shall set forth his findings of fact and conclusions of law
(3) He shall attach all exhibits, affidavits, depositions, papers, and transcripts, if any, of testimonial evidence presented before him
Notice and Hearing on the Report [Rule 32, Secs 10-11]
Upon filing of the report of the commissioner:
(1) Parties shall be notified by the clerk (2) Parties shall be allowed 10 days within
which to object to the findings of the report Note: Objections based upon grounds which were available to the parties during the proceedings before the commissioner shall not be considered by the court, unless they were made before the commissioner
Upon expiration of the 10-day period to file objections, the report shall be set for hearing.
After such hearing, the court shall issue an order:
(1) Adopting, modifying, or rejecting the report, in whole or in part
(2) Recommitting it with instructions; or
(3) Requiring the parties to present further evidence before the commissioner or the court