The plaintiff’s failure to appear at the trial after he has presented his evidence and rested his case DOES NOT WARRANT the dismissal of the case on the ground of failure to prosecute. It is merely a waiver of his right to cross-examine and to object to the admissibility of evidence
Complaint may be dismissed
1. Upon motion of the defendant; or 2. Upon the court’s own motion.
Dismissal shall have the effect of an ADJUDICATION UPON THE MERITS (RES JUDICATA), unless otherwise declared by the court.
SECTION 2 SECTION 3
Dismissal is at the
instance of the plaintiff. Dismissal is not procured by plaintiff though justified by causes imputable to him.
Dismissal is a matter of procedure, without prejudice unless otherwise stated in the
order of the court or on plaintiff’s motion to dismiss his own complaint.
Dismissal is a matter of evidence, an adjudication on the merits.
Dismissal is without prejudice to the right of the defendant to prosecute his counterclaim in a
separate action unless w/in 15 days from notice
Dismissal is without prejudice to the right of the defendant to
prosecute his counterclaim on the same
QuickTime™ and a TIFF (Uncompressed) decompressor
are needed to see this picture. of the motion he manifests his intention to have his counterclaim resolved in the same action.
Section 4. Dismissal of counterclaim, cross-claim or third party complaint
RULE 18 PRE-TRIAL
PRE-TRIAL – a mandatory conference and personal confrontation before the judge between he parties and their respective counsel.
Section 1. When conducted
The plaintiff should promptly file a motion ex parte that the case be set for pre-trial, and this he must do upon the service and filing of the last pleading. Sarmiento v. Juan 120 SCRA 403 (1983)
The “last pleading” need not be literally construed as the actual filing of the last pleading. For purposes of the pre-trial, the expiration of the period for filing the last pleading is sufficient .
Section 2. Nature and purpose The court shall consider:
1. The possibility of an AMICABLE SETTLEMENT or of a submission to alternative modes of dispute resolution; 2. The SIMPLICATION OF ISSUES;
3. The necessity or desirability of AMENDMENTS TO THE PLEADINGS; 4. The possibility of obtaining
STIPULATIONS or ADMISSIONS of facts and documents to avoid unnecessary proof;
Filoil Marketing Corp. v. Dy Pac & Co. 160 SCRA 133 (1988)
The process of securing admissions, whether of facts or evidence, is essentially voluntary. Whether of facts or evidence, is essentially voluntary. When the parties are unable to arrive at a stipulation of agreed facts, the court must close the pre-trial and proceed with the trial of the case.
5. The limitation of the number of WITNESSES;
6. The advisability of a PRELIMINARY REFERENCE of issues to a commissioner;
7. The property of RENDERING JUDGMENT on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefore be found to exist;
8. The advisability or necessity of SUSPENDING THE PROCEEDINGS; and
9. Such OTHER MATTERS as may aid in the prompt disposition of the case. Section 3. Notice of Pre-trial
Section 4. Appearance of parties
When non-appearance of a party may be excused:
1. If a valid cause is shown therefore; 2. If a representative shall appear in his
behalf fully authorized in writing to: a. Enter into an amicable settlement;
b. Submit alternative modes of dispute resolution;
c. Enter into stipulations or admissions of facts and of documents.
NOTE: the mere presentation of such written authority is not sufficient, but must be complemented by a showing of valid cause for the non-appearance of the party himself.
Section 5. Effect of failure to appear
EFFECT OF NON-APPEARANCE OF PLAINTIFF: Cause for dismissal of the action, with prejudice, unless otherwise ordered by the court.
EFFECT OF NON-APPEARANCE OF DEFENDANT:
Cause the plaintiff to present evidence ex parte and for the court to render judgment on the basis thereof. Section 6. Pre-trial brief
Failure to file pre-trial brief has the same effect as failure to appear at the pre-trial.
Section 7. Record of pre-trial
The contents of the PRE-TRIAL order shall control the subsequent course of the action, UNLESS modified before trial to prevent manifest injustice.
QuickTime™ and a TIFF (Uncompressed) decompressor
are needed to see this picture.
A party is deemed to have waived the delimitations in a pre-trial order if he failed to object to the introduction of evidence on an issue outside of the pre-trial order, as well as in cross-examining the witness in regard to said evidence.
PRE-TRIAL
RULE 19 INTERVENTION
Intervention - is a legal proceeding by which a third person is permitted by the court to become a party by intervening in a pending action after meeting the conditions and requirement set by the Rules of Court NOTE: Intervention is never an independent proceeding but is ancillary and supplemental to an existing litigation. Hence the final dismissal of the principal action results into dismissal of said ancillary action.
Section 1. Who may intervene
1. One who has legal interest in the matter in litigation
f the parties
cted by distribution of other disposition of
FACTO SIDERED BY THE COURT
1. Whether the intervention will unduly delay or 2.
parate proceeding.
The inte in a
uit must be on the matter in litigation and of such 2. One who has a legal interest in the success
of either o
3. One who has an interest against both parties or
4. One who is so situated as to be adversely affe
property in the custody of the court or of an officer thereof. RS TO BE CON No settlement Amicable Settlement Agreements made by parties; Amendments to pleading; Schedule of trial If plaintiff is absent, when so required to attend, the court may dismiss the case
TRIAL Court
renders
If evidence is sufficient to prove plaintiff’s cause of action or defendant’s counterclaim, court rules in favor of either one or dismisses the case
prejudice the adjudication of the rights of the Failure to
appear original parties; and
Whether the in intervenor’s rights may be fully protected in a se
If defendant is absent, court may hear evidence of plaintiff ex parte
rest which entitles a person to intervene s
direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.
INTERVENTION INTERPLEADER
An ancillary action An original action Proper in any of the
four situations mentioned in this Rule.
Presupposes that the plaintiff has no interest in the subject matter of the action or has an interest therein which in whole or in part is not disputed by the other parties to the action.
Defendants are
already original parties precisely to to the pending suit
Defendants are being sued
implead them.
Section 2. Time to inter
be filed at any time efore the rendition of judgment by the trial court.
to tervene is barred, even if the judgment itself
- if intervenor asserts a claim against parties.
2. Ans
vene The motion to intervene must b
NOTE: After rendition of judgment, a motion in
recognizes the right of the movant. The remedy of the movant is to file a separate action.
Section 3. Pleadings-in-intervention
1. Complaint-in-intervention either or all of the original wer-in-intervention
QuickTime™ and a TIFF (Uncompressed) decompressor
are needed to see this picture.
- if intervenor unites with the defendant in ection 4. Answer to a complaint-in-intervention
ithin 15 days from notice of the order admitting the EMEDIES FOR THE DENIAL OF INTERVENTION
1. Appeal
s, if there is grave abuse of there is improper granting of intervention, the
RULE 20
CALEN ASES
Section 1. Calendar of cases ection 2. Assignment of cases.
RULE 21 S
ection 1. Subpoena and subpoena duces tecum
WO KINDS OF SUBPOENA
resisting a claim against the latter S W same R 2. Mandamu discretion If
remedy of the party is Certiorari.
DAR OF C S UBPOENA S T – process directed any books, r
under his control.
2. Subpoe andum – process
hearing or the trial of an b. vestigation conducted by
c. deposition.
ection 2. By who issued ection 3. Form and Contents
HO ISSUES A SUBPOENA
witness is required to 2. rt of the place where the deposition 3. body authorized by law to do
4. r of the
A subpoena is signed by the Clerk of Court.