PART V

1) OFFER AND OBJECTION

A. Offer of evidence

The court shall consider no evidence which has not been formally offered
The purpose for which the evidence is offered must be specified (Sec. 34,
Rule 132)

B. When to make offer

All evidence must be offered orally.

 Testimony of a witness in evidence – must be made at the time the

witness is called to testify
 Documentary and Object evidence - shall be made after the
presentation of a party’s testimonial evidence. (Sec. 35, Rule 132 as
amended)

C. When to make objection

 Objection to offer of evidence must be made orally immediately

after the offer is made.
 Objection to the testimony of a witness for lack of a formal offer
must be made as soon as the witness begins to testify.
 Objection to a question propounded in the course of the oral
examination of a witness must be made as soon as the grounds
therefor become reasonably apparent
(Sec. 36, Rule 132, as amended)

D. Repetition of objection
When it becomes reasonably apparent in the course of the examination of
a witness that the question being propounded are of the same class as those to
which objection has been made, whether such objection was sustained or
overruled, it shall not be necessary to repeat the objection, it being sufficient
for the adverse party to record his continuing objection to such class of
questions. (Sec. 37, Rule 132)

E. Ruling of court

General Rule: The ruling of the court must be given immediately after the
objection is made.

Exception: Unless the court desires to take a reasonable time to inform itself
on the question presented.

 The ruling shall always be made during the trial and at such time
as will give the party against whom it is made an opportunity to
meet the situation presented by the ruling.
 The reason for sustaining or overruling an objection need not be
stated. However, if the objection is based on two or more grounds,
a ruling sustaining the objection on one or some of them must
specify the ground or grounds relied upon. (Sec. 38, Rule 132)
F. Striking out of answer

A motion to strike may be availed of in the following instances:

 When the answer is premature;

 When the answer of the witness is irrelevant, incompetent or otherwise
improper;
 When the question is not objectionable, but the answer is not responsive
 Where a witness testifies without a questions being posed or testifies beyond
limits set by the court.

(Sec. 39, Rule 132, as amended)

G. Tender of excluded evidence

Tender of excluded evidence or offer of proof is when an attorney is not allowed

by the court to present testimony which he thinks is competent, material and necessary to
prove his case, he must make an offer of proof. This is the method properly preserving
the record to the end that the question may be saved for purposes of review. (Caraig,
Revised Rules of Evidence 2004 ed., p. 337)

How made:

1. If documents or things offered in evidence are excluded by the court, the

offeror may have the same attached to or made part of the record.

2. If the evidence excluded is oral, the offeror may state for the record the name
and other personal circumstances of the witness and the substance of the proposed
testimony

2) REVISED RULES ON SUMMARY PROCEDURE

A. Cases covered

The civil cases subject to summary procedure are:

a. All cases of forcible entry and unlawful detainer irrespective of the

amount of damages or unpaid rentals sought to be recovered; and

b. All other cases, except probate proceedings, where the total amount of
the plaintiff’s claim does not exceed P100,000 (outside MM) or does not
exceed P200,000 (in MM), exclusive of interests and costs.

The criminal cases subject to summary procedure are:

a. Violations of traffic laws, rules and regulations;

b. Violations of the rental law;

c. Violations of municipal or city ordinances;

d. All other criminal cases where the penalty prescribed by law for the
offense charged is imprisonment not exceeding six months, or a fine
not exceeding P1,000, or both, irrespective of other imposable
penalties, accessory or otherwise, or of the civil liability arising therefrom:

Provided, however, that in offenses involving damage to property through

criminal negligence, this Rule shall govern where the imposable fine
does not exceed P10,000. (A.M. No. 02-11-09-SC,amending Section
1.A(2) of the 1991 Revised Rules on Summary Procedure)
B. Effect of failure to answer

Should the defendant fail to answer the complaint within 10 days from service of
summons, the court, motu proprio, or on motion of the plaintiff, shall render judgment as
may be warranted by the facts alleged in the complaint.

 The judgment rendered by the court shall be limited to what is prayed for
in the complaint. (Sec. 6, 1991 Revised Rules on Summary Procedure)
C. Preliminary conference appearance of parties

Not later than 30 days after the last answer is filed, a preliminary conference shall
be held using the rules on pre-trial in ordinary cases unless inconsistent with the herein
rules. (Sec. 7, 1991 Revised Rules on Summary Procedure)

 The failure of the plaintiff to appear in the preliminary conference shall be

a cause for dismissal of his complaint
 If the defendant appears in the preliminary conference and the plaintiff
does not, the defendant shall be entitled to judgment on his counterclaim
 If there is only one defendant and he fails to appear, the failure of such
sole defendant to appear in the preliminary conference shall cause the
plaintiff to be entitled to judgment in accordance with Sec. 6 of the 1991
Revised Rules on Summary Procedure.

3) KATARUNGANG PAMBARANGAY LAW UNDER RA 7160

A. Cases covered

All disputes are subject to Barangay conciliation pursuant to the Revised

Katarungang Pambarangay Law, and prior recourse thereto is a pre-condition before
filing a complaint in court or any government offices, save for the exempted disputes
enumerated in Circular NO. 14-93.

B. Subject matter for amicable settlement

Disputes between or among the parties who are ACTUALLY RESIDING in the
SAME CITY or MUNICIPALITY may be brought for amicable settlement before the
lupon.

C. Venue

Type of Dispute Venue for Conciliation and Mediation

Between persons actually residing in the Shall be brought before the lupon of said
same barangay barangay.
Involving actual residents of different Shall be brought in the barangay where the
barangays within the same city or respondent or any of the respondents
municipality actually resides, at the election of the
complainant
Involving real property or any interest Shall be brought in the barangay where the
therein real property or the larger portion thereof is
situated.
Arising at the workplace where the Shall be brought in the barangay where
contending parties are employed or at the such workplace or institution is located
institution where such parties are enrolled
for study

D. When parties may directly go to court

 Supreme Court Administrative Circular 14-93 provides for the following
additional cases which do not require the mandatory conciliation or mediation before the
lupon:

1. Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:

a) Criminal cases where accused is under police custody or detention;

b) Petitions for habeas corpus by a person illegally deprived of his rightful

custody over another or a person illegally deprived of or on acting
in his behalf;

c) Actions coupled with provisional remedies such as preliminary

injunction, attachment, delivery of personal property and support
during the pendency of the action; and

d) Actions which may be barred by the Statute of Limitations.

2. Any class of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice;

3. Where the dispute arises from the Comprehensive Agrarian Reform Law
(CARL);

4. Labor disputes or controversies arising from employer-employee relations;

5. Actions to annul judgment upon a compromise which may be filed directly in

court.

F. Execution of Judgment
The amicable settlement or arbitration award may be enforced by execution by the
lupon within six (6) months from the date of the settlement. After the lapse of such time,
the settlement may be enforced by action in the appropriate city or municipal court. (Sec.
417, RA 7160)
The time line of six months should be computed from the date of settlement.
EXCEPTION: If the obligation to be enforced is due and demandable on a date other
than the date of the settlement, the six-month period should be counted from the date the
obligation becomes due and demandable. (Vidal vs. Escueta, G.R. No. 156228)
Modes of Execution:

1. Payment of Money

2. Possession of Property

3. Conveyance of Land, Delivery of Deeds or Other Documents or

Performance of Any Specific Act

F. Repudiation

Any party to the dispute may, within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the certification for filing a
complaint as hereinabove provided. (Sec. 418 RA 7160)