TRIAL

When trial unnecessary

A civil case may be adjudicated upon without the need for trial in any
of the following cases:
5 1. Where the pleadings tender no issue at all, judgment on the
pleadings may be directed by the court [Rule 34]

When trial unnecessary

A civil case may be adjudicated upon without the need for trial in any
10 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]
5 4. Where the complaint has been dismissed with prejudice, or when
the dismissal has the effect of an adjudication on the merits [Sec. 13, Rule
15; Sec. 3, Rule 17; Sec. 5, last par., Rule 7]
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
10 litigation and submit the case for judgment on the facts agreed upon,
without the introduction of evidence [Sec. 7, Rule 30]

Trial dates
The schedule of trial dates shall be continuous and within the following
 periods:
a. Initial presentation of plaintiff’s evidence
• Shall be set not later than 30 calendar days after
termination of pre-trial conference
5 • Plaintiff shall be allowed to present evidence within a
period of 3 months or 90 calendar days which shall include the
date of JDR.
b. Initial presentation of defendant’s evidence
• Shall be set not later than 30 calendar days after the
10 court’s ruling on plaintiff’s formal offer of evidence.
• Defendant shall be allowed to present evidence within a
period of 3 months or 90 calendar days.
c. The period for presentation of evidence on the third (fourth-etc.)-
party claim, counterclaim, or cross-claim shall be determined by the
 court.
• The total of which shall in no case exceed 90 calendar days.
d. If deemed necessary, the court shall set the presentation of the
parties’ rebuttal evidence
5 • Shall be completed within 30 calendar days. [Sec. 1, Rule 30]

Periods for presentation of evidence

General Rule: The presentation of evidence of all parties shall be
terminated within 10 months or 300 calendar days.
10 Exception: If there are no third (fourth-etc.)- party claim,
counterclaim, or cross-claim, the presentation of evidence shall be
terminated within 6 months or 180 calendar days.
Note: Trial dates may be shortened depending on the number of
witnesses to be presented. [Sec. 1, Rule 30]
 Period of decision
The court shall decide and serve copies of its decision to the parties
within a period not exceeding 90 calendar days from submission of the
case for resolution, with or without memoranda. [Sec. 1, Rule 30]
5
Adjournments and Postponements
A court may adjourn a trial from day to day, and to any stated time,
as the expeditious andconvenient transaction of business may require.
[Sec. 2, Rule 30]
10
Limitations on the authority to adjourn
General rule: The court has no power to adjourn a trial for a period
longer than 1 month for each adjournment; nor more than 3 months in
all.
 Exception: When authorized in writing by the Court Administrator,
Supreme Court. [Sec. 2, Rule 30]

Requisites of Motion to Postpone Trial

5 i. For Absence of Evidence
Under the revised rules, however, such section has been
deleted, meaning that absence of evidence can no longer be used as
a basis for postponement of trial.
Under Sec. 12(f), Rule 15, postponement may only be allowed
10 due to acts of god, force majeure, or physical inability of the witness
to appear and testify. The amended Sec. 3 of Rule 30 also provides
for an additional ground which is illness of a party or counsel.
ii. For Illness of Party or Counsel
Motion to postpone trial based on illness of a party or counsel
 may be granted if accompanied by affidavit or sworn certification
showing:
1. The presence of such party or counsel at the trial is
indispensable; and
5 2. That the character of his or her illness is such as to render
his non-attendance excusable [Sec. 3, Rule 30]

Agreed Statement of Facts

10 When all facts are agreed upon

The parties may 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.
 When only some facts are agreed upon
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.
[Sec. 7, Rule 30]
5 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, G.R. L-3581 (1950)]

Order of Trial; Reversal of Order

10 Order of trial
General Rule: Trial shall be limited to the issues stated in the pre-
trial order and proceed as follows:
a. Presentation of plaintiff’s evidence in chief
 b. Presentation of defendant’s evidence in chief and evidence in
support of his counterclaim, cross-claim and 3rd-party complaint
c. 3rd-party defendant shall adduce evidence of his defense,
counterclaim, cross-claim, and 4th party complaint
5 d. 4th-party defendant shall adduce evidence, and so forth
e. 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
f. Parties may then respectively adduce rebutting evidence only,
10 unless the court permits them to adduce evidence upon their original
case
g. Upon admission of the evidence, the case shall be submitted for
decision, unless the court directs parties to argue or to submit respective
memoranda or any further pleading
 Note: Such is subject to the provisions of Sec. 2, Rule 31 on separate
trials.
Exception: When the court for special reasons otherwise directs.
[Sec. 5, Rule 30]
5
Offer of exhibits
After the presentation of evidence, the offer of exhibits shall bemade
orally. The objections shall then be made, and the court shall orally rule
on the same. [Sec 6, Rule 30]
10
Consolidation or Severance of Hearing or Trial
When proper: When actions involving a common question of fact or
law are pending before the court. [Sec. 1, Rule 31]
 Court action
The court may
a. Order a joint hearing or trial of any or all matters in issue in the
actions
5 b. Order all actions consolidated; and
c. Make such orders concerning proceedings therein as may tend to
avoid unnecessary costs or delay. [Sec. 1, Rule 31]
Where a case has been partially tried before one judge, the
consolidation of the same with another related case pending before
10 another judge who had no opportunity to observe the demeanor of the
witness during trial makes the consolidation not mandatory. [PCGG v.
Sandiganbayan, G.R. No. 102370-71 (1992)]
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,
G.R. No. 86602 (1990)]
5
Kinds of consolidation
a. 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
10 b. Actual consolidation – where several actions are combined into one,
lose their separate identity, and become one single action in which judgment is
rendered
c. Consolidation for Trial – where several actions are ordered to be tried
together, but each retains its separate character, and equires the entry of
15 separate judgment [Republic v. Sandiganbayan, G.R. No. 152375 (2011)]
 Severance
The court may order a separate trial of any claim, cross-claim,
counterclaim, or third-party complaint, or of any separate issue. [Sec. 2,
Rule 31]
5 When proper: In furtherance of convenience or to avoid prejudice. [Sec.
2, Rule 31] When a 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
10 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. [1 Regalado 394, 2010 Ed.]
 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 [Sec. 9, R30]
Exception: The court may delegate the reception of evidence to its COC
5 in: a. Default hearings
b. Ex parte hearings, or
c. Cases where parties agree in writing.
Note: In order to be able to receive evidence, the clerk of court must be a member
of the bar. [Sec. 9, Rule 30]
10
Objections
The COC has no power to rule on objections to any question or to the
admission of exhibits. Objections shall be resolved by the court upon
submission of the clerk’s report and the TSN within 10 calendar days from
15 termination of the hearing. [Sec. 9, Rule 30]
 Trial by Commissioners
Note: as used in the Rules, “commissioner” includes a referee, an auditor,
and an examiner. [Sec. 1, Rule 32]
5 General Rule: Trial by commissioner depends largely upon the discretion
of the court. [Secs. 1-2, Rule 32]
Exceptions: In the following instances, appointment of a commissioner is
necessary:
a. Expropriation [Rule 67]
10 b. Partition [Rule 69]

Kinds of trial by commissioners

a. Reference by consent of both parties
b. Reference ordered on motion [Secs. 1-2, Rule 32]
 i. Reference by Consent or Ordered on Motion
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. [Sec. 1, Rule 32]
Commissioners are to be:
5 1. Agreed upon by the parties; or
2. Appointed by the court. [Sec. 1, Rule 32]
Reference ordered on motion
When the parties do not consent, the court may, upon the
application of either or of its own motion direct a reference to
10 commissioner in the following cases:
1. 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,
 2. 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,
3. When a question of fact, other than upon the pleadings, arises
5 upon motion or otherwise, in any stage of a case, or for carrying a
judgment or order into effect. [Sec. 2, Rule 32]
Order of reference
When a reference is made, the clerk shall furnish the commissioner
with a copy of the order of reference, which may contain the following:
10 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; and
3. The date for beginning and closing the hearings, and that for the
filing of his report. [Sec. 3, Rule 32]
 ii. Powers of The Commissioner
Subject to the limitations and specifications in the order, the
commissioner has and shall exercise the power to:
a. Regulate the proceedings in every hearing before him;
5 b. Do all acts and take all measures necessary or proper for the
efficient performance of his duties under the order;
c. Issue subpoenas and subpoenas duces tecum;
d. Swear witnesses; and
e. Unless otherwise provided in the order of reference, he may rule
10 upon the admissibility of evidence. [Sec. 3, Rule 32]

Proceedings before the commissioner

a. Upon receipt of the order of reference, the commissioner shall set
a time and place for the first meeting of parties or their counsel;
 b. Notices shall be sent to parties or counsel; and
c. Hearing is to be held within 10 calendar days after the date of
order of reference. [Sec. 5, Rule 32]

5 Effect of party’s failure to appear

The commissioner may, in his discretion,
a. Proceed ex parte; or
b. Adjourn the proceedings to a future date giving notice to the
absent party or his counsel. [Sec. 6, Rule 32]
10
a. Commissioner’s Report; Notice to Parties and Hearing on The Report
Report of the commissioner
Upon the completion of the trial or hearing or proceeding before the
commissioner, he shall file with the court his report in writing upon
 the matters submitted to him by the order of reference.

Notice and objections

Upon the filing of the report, the parties shall be
5 1. Notified by the clerk; and
2. Allowed 10 calendar days within which to object to the findings of
the report, if they so desire [Sec. 10, Rule 32]
Upon the expiration of the 10-day period to file objections, the
report shall be set for hearing. After such hearing, the court shall issue
10 an order:
1. Adopting, modifying, or rejecting the report, in whole or in part, or
2. Recommitting it with instructions, or
3. Requiring the parties to present further evidence before the
commissioner or the court. [Sec. 11, Rule 32