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VI VII Rem Homework

This document outlines various pre-trial motions and discovery procedures under Philippine civil procedure rules. It discusses plaintiff and defendant motions like motions to present evidence ex parte, motions to dismiss, and motions to postpone. It also covers joinder of claims, parties, depositions, interrogatories, admission of facts, document production, and physical/mental examinations. The overall purpose is to provide an overview of key pre-trial processes to clarify issues, ascertain facts, and avoid unnecessary proof before trial.
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0% found this document useful (0 votes)
119 views5 pages

VI VII Rem Homework

This document outlines various pre-trial motions and discovery procedures under Philippine civil procedure rules. It discusses plaintiff and defendant motions like motions to present evidence ex parte, motions to dismiss, and motions to postpone. It also covers joinder of claims, parties, depositions, interrogatories, admission of facts, document production, and physical/mental examinations. The overall purpose is to provide an overview of key pre-trial processes to clarify issues, ascertain facts, and avoid unnecessary proof before trial.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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VI.

PRE-TRIAL

A. Plaintiff’s Motions

1. To present evidence ex parte and render judgment - The motion to present


evidence ex parte and render judgment is filed by the Plaintiff whenever there is
failure to appear by the defendant during pre-trial. (Section 5, Rule 18, Rules of Court)
It is a motion that when granted by the Court allows the Plaintiff to present his
evidence ex parte but it does not dispose of the case with finality. It is an interlocutory
order and thus unappealable. The aggrieved defendant however may move for the
reconsideration of the order and if denial is tainted with grave abuse of discretion, he
may file a petition for certioari. (Riano, Civil Procedure Vol. I)

B. Defendant’s motion

1. Motion to Dismiss - a motion to dismiss is filed when the defendant elects not
to file an answer first and when there is a ground for such dismissal as enumerated
under Rule 16 of the Rules of Court. If there is no available ground for dismissal, the
defendant must file his answer. (Riano, Civil Procedure Vol. I)

C. Common Motions

1. To postpone - This motion is filed to postpone hearing or trial. There are two
grounds provided under the Rules of Court for the motion to postpone. The first is on
the ground of absence of evidence and the second is on the ground of illness.

(a) Sec. 3, Rule 30 Requisites of motion to postpone trial for absence of evidence. — A
motion to postpone a trial on the ground of absence of evidence can be granted only
upon affidavit showing the materiality or relevancy of such evidence, and that due
diligence has been used to procure it. But if the adverse party admits the facts to be given
in evidence, even if he objects or reserves the right to object to their admissibility, the
trial shall not be postponed.

(b) Sec. 4, Rule 30 Requisites of motion to postpone trial for illness of party or counsel. — A
motion to postpone a trial on the ground of illness of a party or counsel may be granted if
it appears upon affidavit or sworn certification that the presence of such party or counsel
at the trial is indispensable and that the character of his illness is such as to render his
non-attendance excusable.
As a rule, the grant or denial of a motion for postponement is addressed to the sound
discretion of the court which should always be predicated on the consideration that more than the
mere conviences of the courts or parties, the ends of justice and fairness should be served thereby.
Furthermore, this discretion must be exercised intelligently. (Milwaukee Industries vs. Court of
Tax Appeals, 636 SCRA 70)

2. For consolidation or severance - 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
parties (Republic vs. Heirs of Oribello, Jr. 692 SCRA 645).

The action to be consolidated must involve a common question of law or fact.


The rule is clear: “When actions involving a common question of law or fact are pending before
the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it
may order all the actions consolidated, and it may make such orders concerning proceedings
therein as may tend to avoid unnecessary costs or delay.” (Sec. 1, Rule 31, Rules of Court). This
means that the several actions which are pending before the court . arise from the same act, event
or transaction, involve the same of like issues, and depend largely or substantially on the same
evidence (Puncia vs. Toyota Shaw/Pasig Inc. G.R. No. 214399).

On the other hand, the court may also order a separate trial of any cross-claim, counterclaim,
or third-party complaint or issues. The court may do so in furtherance of convenience, or to avoid
prejudice (Sec. 2, Rule 31, Rules of Court).

3. For trial by commissioner - This is a motion filed when the parties do not consent,
in order for the court to direct a reference to a commissioner in the following cases:

(a) 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;

(b) 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.

(c) 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. (Sec. 2, Rule 32, Rules of Court).

D. Joinder

1. Joinder of claims or causes of actions - joinder of causes of action is the assertion


of as many causes of action as a party may have against another in one pleading alone.
It is the process of uniting two or more demands or rights of action in one action
(Unicaptial Inc. Vs. Consing, Jr. G.R. No. 192073)

Rule 2 Section 5 provides: A party may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may have against an opposing party, subject
to the following conditions:
(a) The party joining the causes of action shall comply with the rules on joinder
of parties;

(b) The joinder shall not include special civil actions or actions governed by
special rules;

(c) Where the causes of action are between the same parties but pertain to
different venues or jurisdictions, the joinder may be allowed in the Regional
Trial Court provided one of the causes of action falls within the jurisdiction
of said court and the venue lies therein; and

(d) Where the claims in all the causes action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction.

2. Joinder of parties - The union in one lawsuit of multiple parties who have the same
rights or against whom rights are claimed as co-plaintiffs or co-defendants.

There are two kinds of joinder of parties, the first being permissive joinder of
parties and the second being compulsory joinder of indispensable parties. Rule 3
Section 6 on permissive joinder of parties provide that: All persons in whom or
against whom any right to relief in respect to or arising out of the same transaction or
series of transactions is alleged to exist, whether jointly, severally, or in the alternative,
may, except as otherwise provided in these Rules, join as plaintiffs or be joined as
defendants in one complaint, where any question of law or fact common to all such
plaintiffs or to all such defendants may arise in the action; but the court may make
such orders as may be just to prevent any plaintiff or defendant from being
embarrassed or put to expense in connection with any proceedings in which he may
have no interest. Rule 3 Section 7 on compulsory joinder of parties provide: Parties in
interest without whom no final determination can be had of an action shall be joined
either as plaintiffs or defendants.

VII. DEPOSITIONS AND DISCOVERY

A. Depositions - A deposition is the taking of testimony of any person, whether he be


a party or not, but at the instance of a party to the action. This testimony is taken out
of court.

The rule provides for either of the two methods in taking depositions. It may
either be by (a) an oral examination or by (b) a written interrogatory (Sec.1, Rule 23,
Rules of Court).
A deposition may be sought for use in a pending action (Rule 23), a future action
(Rule 24), or for use in a pending appeal (Rule 24). (Riano, Civil Procedure Vol. 1)

B. Interrogatories to Parties - This is a mode of discovery availed of by a party to


the action for the purpose of eliciting material and relevant facts from any adverse
party (Sec. 1, Rule 25, Rules of Court).

The purpose of written interrogatories is to assist the parties in clarifying the


issues and in ascertaining the facts involved in a case (Philippine Health Insurance
Corp. v. Our Lady of Lourdes Hospital, G.R. No. 193158, November 11, 2015).

C. Admission by Adverse Party - This is a mode of discovery that allows one party
to request the adverse party , in writing, to admit certain material and relevant matters
which, most likely, will not be disputed during trial. To avoid unnecessary
inconvenience to the parties in going through the rigors of proof before the trial, a
party may request the others to:

(a) Admit the genuineness of any material and relevant document described in
and exhibited with the request; or
(b) Admit the truth of any material and relevant matter of fact set forth in the
request (Sec. 1, Rule 26, Rules of Court).

D. Production or Inspection of Documents of Things - This is a mode of discovery


the purpose of which is to allow a party to seek an order from the court in which the
action is pending to:

(a) Order any party to produce and permit the inspection and copying or
photographing, by or on behalf of the moving party, of any designated
documents, papers, books, accounts, letters, photographs,objects, or tangible
things, not privileged, which constitute or contain evidence material to any
matter involved in the action and which are in his possession, custody or
control; and
(b) Order any party to permit entry upon designated land or other property in his
possession or control for the purpose of inspecting, measuring, surverying, or
photographing the property or any designated relevant object or operation
thereon (Sec. 1, Rule 27, Rules of Court).
E. Physical and Mental Examination of the Parties - This is a mode of discovery
that applies to an action in which the mental or physical condition of a party is in
controversy (Sec. 1, Rule 28, Rules of Court). Examples of this action would be:

(a) An action for annulment of a contract where the ground relied upon is
insanity.
(b) A petition for guardianship of a person alleged to be insane.
(c) An action to recover damages for personal injury where the issue is the extent
of the injuries of the plaintiff.

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