Can trial be adjourned and postponed?

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, but shall have no power to adjourn a trial for
a longer period than one month for each adjournment, nor more than three months in all, except
when authorized in writing by the Court Administrator, Supreme Court.

Can a trial be postponed for how long?

GR: Not more than 30 days or 1 month.

Is there a distinction between hearing and trial?

Yes.

Hearing is a procedure before a court or any decision-making body or any higher

authority.

Trial happen when the parties in a dispute come together to present their evidentiary
information before an authority or a court.

Is adjournment and postponement the same?

No.

Adjournment may be done on a day to day basis. And it happens when the proceedings
have already commenced then a suspension is to be made.

Postponement refers to the suspension of the holding of the meeting itself.

What are the requisites for motion of postponement of trial?

a. A motion stating the circumstances relied upon.

b. Upon affidavit showing the materiality or relevancy of such evidence
b. That a due diligence has been used to procure it.

Postponement is based on what?

Absence of evidence.

When will the trial cannot be postponed even there is absence of evidence?

When the adverse party ADMITS the facts given, trial cannot be postponed.

How about for postponement due to illness?

 a. There should be a proper motion
b. An affidavit or sworn certificate that the presence of such party or counsel at the trial is
INDISPENSABLE
c. The character of his illness is such as to render his NON-ATTENDANCE
EXCUSABLE

How about the certification coming from the doctor stating that you are sick, is that
admissible also as a ground for postponement due to illness?

Yes, provided that such medical certificate is made under oath or in the form of affidavit.

Before that the trial should be limited to what?

Limited to issues agreed during the pre-trial.

Who will present first?

The plaintiff will present first his evidences to prove his claim.
Then, the defendant will present his evidence also to support his defense, counter-claim,
cross-claim, third-party complaint.

When will the defendant present his evidence?

1. After the plaintiff presented his last witness.

2. And made an offer of all his documentary and object evidences be admissible.
3. This must be connected with Sections 34,35,36, and 38 of Rule 132. It is only then
after the order of the court that the other party may be able to present evidence but before that the
party cannot present evidence.

Section 34, Rule 132

means that even if you have presented already the evidences, you still have to offer it for
admission. And not only to offer it but you also have to state the purpose of the offer. Otherwise,
if you only make an offer and did not have state the purpose - the court still not consider the offer
as an evidence.

When do you make your formal offer of evidence?

If testimonial evidence - it must be made at the time the witness is called to testify.
If documentary evidence - it must be offered AFTER the presentation of a party’s
testimonial evidence. Such offer shall be done orally unless allowed by the court to be done in
writing.

Do not be confused because during the PRE-TRIAL CONFERENCE - you will mark your
documentary and object evidence but it is merely a marking.
Evidence already marked, you can still choose not to offer that for admission.
Markings:
Plaintiff - in letters …. A B C D , if you have exhausted all letters, you have to use
doubles/tripples. eg. AA, BB, CC

if testimonial evidence
offer shall be made BEFORE the witness is allowed to testify.
if no objection - ADMITTED!
if during questions and answers, no objection - ADMITTED!

E.g. the other party will propose which call for hearsay evidence.
YOU HAVE TO OBJECT. Otherwise it shall be admitted
but then it is still a hearsay - the non objection does not cure the defect. Because
hearsay has no probative value. Then apply the weight and relevancy of the evidence.

In case of the defendant

he also has to made an offer. If not, all evidence will not be considered by the court.
There must always be an OFFER + STATE THE PURPOSE.

Defendant now after the offer and the ruling of the court
When the ruling of the court is
* ADMITTED - time for the defendant to present evidences.
* DENIED - still present your evidence because there’s already a ruling from the court.
Then the adverse party who made an offer can always make an oral motion for
reconsideration.

if MR is DENIED, defendant will present evidences.

Then in case there is third party complainant and so on, they can now adduce their evidences.
After admission of evidence (after applying sec 34, rule 132), then letter G of sec 5 rule 30 will
apply. This is the time the case shall be submitted for decision, unless the court directs the parties
to argue (closing argument - called in US) or to submit their respective memoranda or any other
further pleadings.

In PRE-TRIAL, there is a request for admission.

It is available also during TRIAL under sec 6 rule 30. But you have to make a request for
admission during the pre-trial. Otherwise, you cannot present evidence on the issue which is
supposed to be the subject of admission.

Everything that happens in court shall be recorded by way of the stenographic notes.
Tape recorder not allowed.

Sometimes when you have ex parte proceeding, you can present evidences before
* the judge himself or
* the clerk of court provided that he must be a member of the bar. However the clerk of court
cannot rule on any objections or questions. It is still the judge who will rule.

E.g. Ex parte proceeding

submitted before the clerk
even ex parte, it shall still be submitted to the JUDGE for him to rule.

When is the time to present the newly discovered evidence?

file a written motion for you to be allowed to present a newly discovered evidence.
because it is the pre-trial who will control now the order of Trial.

Then there will be a ruling on your motion. Adverse party must be notified.
Ask for a written interrogatories which have to be answered by the PARTY not by the
counsel.

Section 1 Rule 31 CONSOLIDATION

When to consolidate?
1. you consolidate cases when they are filed in the same court.
e.g. Branch 1 - 1st case filed between the same parties
2nd case filed between the same parties, same cause
= You can consolidate.
To avoid multiplicity of suits.
(Same evidences, same parties, same cause of action.)

2. You consolidate common questions of law or fact and pending before the court

GR: you can consolidate only cases within the same brach of court.
XPN: you can consolidate cases from different branches provided it is authorized by the
Supreme Court.

If you can consolidate, you can also have a separate trials.

When there is separate trials, there will be separate judgement on each claims.

RULE 32
There are issues between the parties which are complicated and needs a specialized study. So
you refer the case to a Commissioner.
Reference to a commissioner are of 2 types
1. Written content by parties
2. Court orders (any or all issues)

if the parties will not agree on it, the court, motu proprio order the reference to a
Commissioner.

Grounds:
 (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.
(most question of fact includes parcel of lands —- referred to juridic engineer —-
under oath —— it is as if he is the judge —— has rights and duties of a judge —— report is
subject to the approval of court and there will be hearing of his report within a period of 10 days
—— set for hearing ——- court will then issue an order whether adopting or modifying or
rejecting and rule on it.

RULE 33 DEMURRER TO EVIDENCE

Distinguish demurrer to evidence in civil cases and criminal cases.

DEMURRER TO EVIDENCE IN CIVIL CASES DEMURRER TO EVIDENCE IN CRIMINAL

CASES

When the movant files for demurrer there is NO NEED When the movant files for demurrer it is only
TO FILE FOR A MOTION FOR LEAVE OF OPTIONAL - TO FILE FOR A MOTION FOR
COURT LEAVE OF COURT

ATTACHED the demurrer to evidence to the motion If evidence is ambiguous - file a motion for leave of
court (if granted, then); motion for demurrer to
evidence

( no need to comply with sec 9 rule 15, no need to

attach the pleading)

Motion is GRANTED; Motion is GRANTED;

The case is DISMISSED. The case is DISMISSED.
Dismissal is final. Dismissal is final.
Remedy is APPEAL. NOT APPEALABLE.

Motion is DENIED; Motion is DENIED

Order is interlocutory. - With leave of court — defendant can present
Remedy is the defendant proceeds to adduce/present evidence.
his evidence within the time remaining but not less than - Without leave of court — defendant cannot present
5days evidence.

Rule 119, section 17

opposite/reversed.
 file first MOTION TO DISCHARGE of accused to be state witness before prosecution
rest its case. Otherwise you can no longer file when the prosecution has rested its case.
while in DEMURRER, you have to wait until the plaintiff rest its case.

Motion - “before”
Demurrer - “after”

RULE 34
JUDGMENT ON THE PLEADINGS
What is important in the judgment on the pleadings?
an answer fails to tender an issue, or admits the material allegations
e.g. answer of defendant in civil cases are of general denial
general denial = admissions
no more trial.
immediately file a motion for judgement on the pleadings.
because they are already judicial admissions, unless there is miscarriage of
justice.

JUDGMENT ON THE PLEADINGS SUMMARY JUDGMENT

ONLY PLAINTIFF/DEFENDANTS EITHER PLAINTIFF/DEFENDANT may file

Can file as far as the claim, or cross-claim, or counter-
claim.. is concerned
Limit the party to their recovery of claim, cr-claim, co-
claim or to obtain declaratory relief..
File it at any time after the pleading in an answer has
been served
Moved it with supporting affidavits.

Based only on the pleadings Based not only on the pleadings but also to :
Supporting affidavits
Deposition
Admissions
—are available only in summary judgement

Movant must comply with the 3 day notice rule for Exception to the 3day notice rule
hearing 10 day notice applies

Answer does NOT tender an issue Tendered an issue but not genuine or real issue as may
be shown by the affidavits

ENTIRE CASE may be terminated ONLY PARTIAL may be terminated