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TRIAL and HEARING NATURE OF TRIAL A trial is a judicial process of investigating and determining the legal controversies, starting

with the production of evidence by the plaintiff and ending with his closing arguments. The term trial and hearing are sometimes interchangeably used. There is however a marked difference between these terms. A Hearing is a broader term. It is not confined to the trial and presentation of evidence because it actually embraces several stages in litigation. It includes the pretrial and the determination of granting or denying a motion.

CIVIL PROCEDURE When trial is unnecessary A civil case may be adjudicated upon without the need for trial in any of the following cases: a. Judgment on the pleadings where the pleadings of the parties tender no issue at all, a judgment on the pleadings may be directed by the court. b. Summary Judgment Where the pleadings, affidavits, depositions and other papers tender no genuine issue. c. Compromise or Amicable settlement where the parties have entered into a compromise or amicable settlement either during the pretrial or while the trial is in progress. d. Dismissal with prejudice in the following cases: o Sec. 5 Rule 7 failure to comply with certification against non-forum shopping o Sec. 5 Rule 16 in relation to Sec. 1 of the same: (f) that the cause of action is barred by prior judgment or by the statute of limitations (h) that the claim or demand set forth in the plaintiffs pleading has been waived, abandoned or otherwise extinguished. (i) that the claim on which the action is founded is unenforceable under the statute of frauds o Sec. 3 Rule 17 Dismissal due to fault of the plaintiff: Plaintiff fails to appear on the date of his presentation of evidence in chief Plaintiff fails to prosecute for an unreasonable length of time Plaintiff fails to comply with the Rules or any order of the court

e. Failure of plaintiff to appear during pre-trial (Sec. 5 Rule 18) f. Where the case falls under the operations of the Rules on Summary Procedure g. 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. (if however, there is no agreement as to all the facts, trial may be held only as to the disputed facts) [Sec. 6 Rule 30]

h. Sec. 1 Rule 16 Grounds for Motion to dismiss a. b. c. d. e. f. g. h. i. j. That the court has no jurisdiction over the person of the defendant That the court has no jurisdiction over the subject matter of the claim That the venue is improperly laid That the plaintiff has no legal capacity to sue That there is another action pending between the same parties for the same cause That the action is barred by prior judgment or by the statute of limitations (prescription) That the pleading asserting a claim stated no cause of action That the claim or demand set forth in the plaintiffs pleading has been paid, waived, abandoned or otherwise extinguished That the claim on which the action is founded is unenforceable under the provisions of the statute of frauds That a condition precedent for filing a claim has not been complied with.

Order of Trial in Civil Cases Sec. 5 Rule 30 a. The plaintiff shall adduce evidence in support of his complaint b. The defendant shall adduce evidence in support of his defense, counterclaim, cross-claim and third party complaint c. The third party defendant, if any, shall adduce evidence of his counterclaim, cross-claim and fourthparty complaint. d. The fourth-party and so forth shall adduce evidence of the material facts pleaded by them e. The 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 the court f. The parties may then adduce rebutting evidence only, unless the court for good reasons and in the furtherance of justice , permits them to adduce evidence upon their original claims g. Upon admission of evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsels, the court shall determine the relative order of the presentation of their evidence.

CRIMINAL PROCEDURE How commenced It is commenced by filing a complaint or information

COMPLAINT It is a sworn written statement charging a person with an offense subscribed to by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. INFORMATION it is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

When trial is not necessary a. Judgment on the pleadings b. Plea of guilty to a lesser offense c. Instances of provisional dismissal which has become permanent in one or two years as the case may be (Sec. 8 Rule 117) d. In cases of Rape, when the victim marries the accused prior to trial e. When the accused is discharged as a state witness, the same operates as an acquittal and shall be a bar to future prosecution for the same offense. f. Sec. 3 of Rule 117 Motion to Quash o That the facts charged do not constitute an offense o That the court trying the case has no jurisdiction of the offense charged o That the court trying the case has no jurisdiction over the person of the accused o That the officer who filed the information has no authority to do so o That the information does not conform substantially to the prescribed form o That more than one offense is charged except when a single punishment for various offenses is prescribed by law o That the criminal action or liability has been extinguished o That the information or complaint contains averments which if true constitutes a legal excuse or justification o That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent. Order of Trial in Criminal Proceedings (Sec. 11 Rule 119) The trial shall proceed in the following order: a. The prosecution shall present evidence to prove the charge, and in the proper case, the civil liability b. The accused may present evidence to prove his defense and damages, if any, arising from the issuance of provisional remedy in the case c. The prosecution and the defense may, in that order, present their rebuttal and sur-rebuttal evidence unless the court in furtherance of justice, permits them to present additional evidence bearing upon the main issue d. Upon admission of evidence of the parties, the case shall be deemed admitted for decision unless the court directs them to argue orally or to submit memoranda e. When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified.