2019 REVISED RULE ON CIVIL PROCEDURE

RULE 18
Section 1. When conducted. – After the last responsive pleading has been served and fled, the
branch clerk of court shall issue, within fve (5) calendar days from filing, a notice of pre-trial
which shall be set not later than sixty (60) calendar days from the fling of the last responsive
pleading. (1a)
Notes:
 Pre-trial is a mandatory conference and personal confrontation before the judge
between the parties and their respective counsel
 It is mandatory for the trial court to conduct pre-trial in civil cases in order to realize the
paramount objective of simplifying, abbreviating, and expediting trial. In light of these
objectives, the parties are mandatorily required to submit their respective pre-trial briefs.
Failure of the parties to do so is a ground for dismissal of the action with prejudice,
unless otherwise ordered by the court. (Dr. Emmanuel Vera vs. Ernesto F. Rigor and CA,
GR No. 147377, August 10, 2007)
 A pre-trial conference is likewise mandatory in both civil and criminal cases under the
Rules on Summary Procedure (Sec. 7, Sec. 14, 1991 Rule on Summary Procedure)
 Referral to the Philippine Mediation Center At the start of the preliminary conference,
the judge is mandated to refer the parties and/or their counsels to the mediation unit of
the Philippine Mediation Center (PMC) for purposes of mediation. If mediation fails, the
judge will schedule the continuance of the preliminary conference. This rule applies to
Metro Manila, Cebu, Davao City and other places where Philippine Mediation Center
Units may be further organized and designated (Administrative Circular No. 20–2002,
March 24, 2002; Administrative Circular No. 50-2005, April 26, 2005
 Meaning of “last pleading” The last permissible pleading that a party can file is the
reply to the answer to the last pleading asserting a claim. The claim could be
the original complaint, the counterclaim, the cross-claim or the 3rd Party Complaint. If an
answer is filed and served in response to these claims, the pleading in response to these
answers is the reply (Sarmiento vs. Juan 120 SCRA 403) which is to be filed within 10
days from the service of the pleading responded to (Sec. 6 R 11). When the last pleading
has not yet been served and filed, the case is not yet ready for pre-trial (Pioneer Insurance
& Surety Corporation v. Hontanosas 78 SCRA 439). However, the “last pleading” need
not be literally construed as one having been served and filed. For purposes of the pre-
trial, the expiration of the period for filing the last pleading without it having been served
and filed is sufficient (Sarmiento v. Juan, supra).
Section 2. Nature and [p]urpose. – The pre-trial is mandatory and should be terminated promptly. The
court shall consider:
(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute
resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
(d) The limitation of the number and identification of witnesses and the setting of trial dates;
(e) The advisability of a preliminary reference of issues to a commissioner;
(f) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing
the action should a valid ground therefor be found to exist;
(g) The requirement for the parties to:
1. Mark their respective evidence if not yet marked in the judicial afdavits of their
witnesses;
2. Examine and make comparisons of the adverse parties’ evidence vis-a-vis the copies to
be marked;
3. Manifest for the record stipulations regarding the faithfulness of the reproductions and
the genuineness and due execution of the adverse parties’ evidence;
4. Reserve evidence not available at the pre-trial, but only in the following manner:
i. For testimonial evidence, by giving the name or position and the nature of the
testimony of the proposed witness;
ii. For documentary evidence and other object evidence, by giving a particular
description of the evidence.
No reservation shall be allowed if not made in the manner described above.
(h) Such other matters as may aid in the prompt disposition of the action.

The failure without just cause of a party and counsel to appear during pre-trial, despite notice,
shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their
genuineness and due execution.
The failure without just cause of a party and/or counsel to bring the evidence required shall be
deemed a waiver of the presentation of such evidence.

The branch clerk of court shall prepare the minutes of the pre-trial, which shall have the
following format: (See prescribed form) (2a)

Section 3. Notice of pre-trial. – The notice of pre-trial shall include the dates respectively set for:
(a) Pre-trial;
(b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if necessary.
 The notice of pre-trial shall be served on counsel, or on the party [if he] or she has no
counsel. The counsel served with such notice is charged with the duty of notifying the party
represented by him or her.
Non-appearance at any of the foregoing settings shall be deemed as non-appearance at
the pretrial and shall merit the same sanctions under Section 5 hereof. (3a)

Section 4. Appearance of [p]arties. – It shall be the duty of the parties and their counsel to
appear at the pre-trial, court-annexed mediation, and judicial dispute resolution, if necessary. The
non-appearance of a party and counsel may be excused only for acts of God, force majeure, or
duly substantiated physical inability.
A representative may appear on behalf of a party, but must be fully authorized in writing
toenter into an amicable settlement, to submit to alternative modes of dispute resolution, and to
enter into stipulations or admissions of facts and documents.

Section 5. Effect of failure to appear. – When duly notifed, the failure of the plaintiff and counsel
to appear without valid cause when so required[,] pursuant to the next preceding [S]ection, shall
cause the dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered
by the court. A similar failure on the part of the defendant and counsel shall be cause to allow the
plaintiff to present his or her evidence ex parte within ten (10) calendar days from termination of
the pre-trial, and the court to render judgment on the basis of the evidence offered. (5a)

Section 6. Pre-trial brief. – The parties shall fle with the court and serve on the adverse party, in
such manner as shall ensure their receipt thereof at least three (3) calendar days before the date of
the pre-trial,
their respective pre-trial briefs which shall contain, among others:
(a) A concise statement of the case and the reliefs prayed for;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The main factual and legal issues to be tried or resolved;
(d) The propriety of referral of factual issues to commissioners;
(e) The documents or other object evidence to be marked, stating the purpose thereof;
(f) The names of the witnesses, and the summary of their respective testimonies; and
(g) A brief statement of points of law and citation of authorities.

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-
trial. (8)
Section 7. Pre-Trial Order. – Upon termination of the pre-trial, the court shall issue an order
within ten (10) calendar days which shall recite in detail the matters taken up. The order shall
include:
 (a) An enumeration of the admitted facts;
(b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d) The applicable law, rules, and jurisprudence;
(e) The evidence marked;
(f) The specific trial dates for continuous trial, which shall be within the period provided
by the Rules;
(g) The case flowchart to be determined by the court, which shall contain the different
stages of the proceedings up to the promulgation of the decision and the use of time
frames for each stage in setting the trial dates;
(h) A statement that the one-day examination of witness rule and most important witness
rule under A.M. No. 03-1-09-SC (Guidelines for Pre-Trial) shall be strictly followed; and
(i) A statement that the court shall render judgment on the pleadings or summary
judgment, as the case may be.
The direct testimony of witnesses for the plaintiff shall be in the form of judicial
affidavits. After the identifcation of such affidavits, cross-examination shall proceed
immediately. Postponement of presentation of the parties’ witnesses at a scheduled date is
prohibited, except if it is based on acts of God, force majeure or duly substantiated
physical inability of the witness to appear and testify. The party who caused the
postponement is warned that the presentation of its evidence must still be terminated
within the remaining dates previously agreed upon. Should the opposing party fail to
appear without valid cause stated in the next preceding paragraph, the presentation of the
scheduled witness will proceed with the absent party being deemed to have waived the
right to interpose objection and conduct cross-examination. The contents of the pre-trial
order shall control the subsequent proceedings, unless modified before trial to prevent
manifest injustice. (7a)

Section 8. Court-[a]nnexed [m]ediation. – After pre-trial and, after issues are joined, the court
shall refer the parties for mandatory court-annexed mediation. The period for court-annexed
mediation shall not exceed thirty (30) calendar days without further extension. (n)
Section 9. Judicial [d]ispute [r]esolution. – Only if the judge of the court to which the case was
originally raffled is convinced that settlement is still possible, the case may be referred to another
court for judicial dispute resolution. The judicial dispute resolution shall be conducted within a
non-extendible period of fifteen (15) calendar days from notice of failure of the court-annexed
mediation. If judicial dispute resolution fails, trial before the original court shall proceed on the
dates agreed upon. All proceedings during the court-annexed mediation and the judicial dispute
resolution shall be confidential. (n)
Section 10. Judgment after pre-trial. – Should there be no more controverted facts, or no more
genuine issue as to any material fact, or an absence of any issue, or should the answer fail to
tender an issue, the court shall, without prejudice to a party moving for judgment on the
pleadings under Rule 34 or summary judgment under Rule 35, motu proprio include in the pre-
trial order that the case be submitted for summary judgment or judgment on the pleadings,
without need of position papers or memoranda. In such cases, judgment shall be rendered within
ninety (90) calendar days from termination of the pre-trial. The order of the court to submit the
case for judgment pursuant to this Rule shall not be the subject to appeal or certiorari. (n)

RULE 31

Section 1. Consolidation. –
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.
(1)
such cases has not been partially tried.
Note:
 Consolidation involves several actions having a common
question of law or fact which may be jointly tried.
 Severance contemplates a single action having a number
of claims, counterclaims, cross claims, 3rd party
complaints or issues which may be separately tried.
General rule: Consolidation is discretionary upon the
court.
Exceptions: Consolidation becomes a matter of duty when
the cases are:
1) pending before the same judge; or
2) filed with different branches of the same RTC and one of

 Purpose: To avoid multiplicity of suits, guard against oppression or abuse, prevent delay,
clear congested dockets, simplify the work of the trial court and save unnecessary costs
and expenses
Q: When is consolidation of actions proper?
A: Consolidation is proper:
1) when two or more actions involve the same or a common question of law or fact
o That is in joinder of causes of action – two or more causes of action can be joined
in one pleading if they
involve a common question of fact or law. (Rule 3, Section 6)
2) the said actions (at least 2) are pending before the same court.
3) if filed with different courts, an authorization from the Supreme Court is necessary.

First requisite: TWO OR MORE ACTIONS INVOLVE THE SAME OR A

COMMON QUESTION OF LAW OR FACT

Q: When may 2 or more parties be joined together in one complaint, either as co-
plaintiffs or co-defendants?

A: There must be a common question of fact or law involved in their causes of action.
Q: When may actions be consolidated?

A: One of the requisites is: when the actions involve a common question of law or fact.

 In other words, there must be a connection somewhere between the rule on

Consolidation of actions in Rule 31, with the rule on Permissive Joinder of Parties
in Rule 3. When we were in Rule 3, an EXAMPLE was given: Suppose 30
people were riding on a bus which met an accident and all the plaintiffs were
injured. After the incident, the 30 of them decided to file claims for damages
against the bus company. They hired the same lawyer.

Q: Can the lawyer file 30 complaints for each plaintiffs?

A: YES.

Q: Can the lawyer file only one complaint naming as co-plaintiffs the 30 injured
passengers?

A: YES, that is permissive joinder of parties which is encouraged to expedite

litigation, to avoid multiplicity of suits, to economize the procedure or avoid
repetition of evidence. There are the justification for permissive joinder of parties
in Rule 3 Section 6 but they can only join one complaint if they have the same
lawyer.

Q: But suppose the 30 passengers were injured and after their discharge from the
hospital the 30 of them hired separate lawyers.?

A: There can be no joinder of parties. You cannot join the parties in one
complaint because each plaintiff is represented by a different lawyer.

 In this case, there should be 30 complaints filed let’s say, in the RTC of Davao
City, and they are raffled to different branches or judges. The defendant might feel
that he would rather have the 30 cases tried together. Defendant says, “This is
difficult. Imagine 30 cases sa 30 salas? Iba-ibang courts. My witnesses would
have to testify 30 times because there are 30 separate complaints.”

Q: Can the 30 cases be joined together para isang judge na lang?

A: YES. The lawyer for the bus company can file a motion under Rule 31,
Section 1 to consolidate the actions. Meaning, the 30 cases should be raffled and
assigned to only one judge, there being a common question of law or fact. This is
to economize the procedure if the evidence will be presented only once. Thus,
every time when the case is called, the 30 cases would be tried together. Para ka
na ring nag-permissive joinder of parties. The purpose of consolidation is to
achieve the same effect of permissive joinder of parties under Rule 3, Section 6.
 You end in having only one case, kaya lang 30 complaints are to be tried together.
That is why there is a connection between consolidation and permissive joinder of
parties same lawyer.

Q: Can the lawyer file 30 complaints for each plaintiffs?

A: YES.

Q: Can the lawyer file only one complaint naming as co-plaintiffs the 30 injured
passengers?

A: YES, that is permissive joinder of parties which is encouraged to expedite

litigation, to avoid multiplicity of suits, to economize the procedure or avoid
repetition of evidence. There are the justification for permissive joinder of parties
in Rule 3 Section 6 but they can only join one complaint if they have the same
lawyer.

Q: But suppose the 30 passengers were injured and after their discharge from the
hospital the 30 of them hired separate lawyers?

A: There can be no joinder of parties. You cannot join the parties in one
complaint because each plaintiff is represented by a different lawyer.

Second Requisite: THE SAID ACTIONS ARE PENDING BEFORE THE

SAME COURT

Q: In the example above, suppose one passenger filed his case in Davao City, another passenger
filed his case in Tagum because he resides there, and another files his case in Makati, can there
be consolidation of their cases?

A: NONE. You cannot consolidate because they are pending in different courts in different
provinces. The law says it must be in the same court
If we look at the SCRA, sometimes the decision involves 2 or 3 cases. The caption
sometimes has 3 or more cases, but there’s only 1 decision. And these cases are coming from
different parts of the country. Why are these cases joined before the SC? Because there
is a common question of fact or law or legal issue. So, even in the SC, cases are consolidated and
decided together for the first time. Ang tawag dyan is COMPANION CASES because the same
issues are being raised in the petitions.
Three (3) ways of consolidating cases:
1. by recasting the cases already instituted - reshaping of the cases by amending the
pleading and dismissing some cases and retaining only one case. There must be joinder of
causes of action and of parties;
 2. by consolidation proper or by consolidating the existing cases - It is a joint trial with joint
decision, the cases retaining their original docket numbers; and
3. by test-case method - by hearing only the principal case and suspending the hearing on
the other cases until judgment has been rendered in the principal case. The cases retain
their original docket numbers. Consolidation of cases on appeal and assigned to different
divisions of the SC and the CA is also authorized. The consolidation of civil and criminal
cases is allowed. This is now sanctioned under Section 2(a), R 111 of the Rules of
Criminal Procedure (Canos vs. Pealta, GR No. L-38352, Aug. 19, 1982)
Q: Distinguish Consolidation of civil actions from Consolidation of criminal actions (Rule 119)
A: The following are the distinctions:
1. In civil cases, one or more causes of action may be embodied in one complaint because
when there is permissive joinder, there is automatic consolidation also; whereas In
criminal cases, only one offense can be the subject of one complaint or information.
Consolidation of criminal actions is exclusively for joint trial;

Q: Can you file one complaint or information embodying two or more crimes?

A: NO. You cannot. That is what you call duplicitous complaint or information. There is no such
thing as joinder of crimes. Therefore, the so-called consolidation of criminal actions is not
actually filing one information but it is only for the purpose of joint trial.

2. In civil cases, the opposite of consolidation is severance under Section 2; whereas In

criminal cases, the opposite of consolidation is separate trial. In reality, there is actually
no consolidation of criminal cases. There is only joint trial of criminal cases.
Under the rules on Criminal Procedure the accused may reserve the right to file the civil action
separately when the criminal action is filed, the civil action is deemed instituted unless the
offended party will make a reservation to file it separately. Or, when the civil action was
instituted ahead, the subsequent filing of the criminal case will mean there is no more civil action
there. And Section 2 of Rule 111, suppose the offended party made a reservation to institute a
civil action and a criminal case is filed, he cannot file the civil action – that’s the rule. He must
wait for the outcome of the criminal case.(Prejudicial question) The criminal case enjoys priority.
Q: What happens if na-una na-file yung civil action?

A: According to Section 2, Rule 111 from the moment the criminal case is filed, the trial of the
civil case is suspended to wait for the outcome of the criminal case.

Q: Is this prejudicial to the offended party? What is the remedy of the offended party?
A: There is a way out according to Section 2, Rule 111. The first thing for him to do is to file a
petition to consolidate the trial of the criminal and civil case for them to be tried together and the
evidence already presented in the civil case is deemed automatically reproduced in the criminal
case. This is what you call the consolidation of the civil and criminal action under Section 2,
Rule 111:
“…Nevertheless, before judgment on the merits rendered in the civil action, the same may,
upon motion of the offended party, be consolidated with the criminal action in the court
trying the criminal action…” (Section 2, Rule 111)

Q: Is this consolidation mandatory?

A: NO. It is permissive. Actually, the offended party is the one to initiate this because if not, then
he has to wait for the criminal case to be terminated before he can file the civil case.

Q: Can you move to consolidate in one court the criminal and the civil case when actually the
degree of proof required in one case is different from the degree of proof required in another
case?

A: That was answered in the affirmative in the case of CAÑOS vs. PERALTA – 115 SCRA
843

FACTS: This case originated in Digos, Davao del Sur, involving the late Dr. Rodolfo Caños,
who owned the Caños Hospital there. The respondent here was former CFI Judge Elvino Peralta.
There was an incident which led to the filing of a criminal case by A against B. A reserved the
right to file a separate civil action under the rules on criminal procedure. A filed a separate civil
case, but arising out of the same incident. Both of the cases were assigned to Judge Peralta.
When Judge Peralta noticed that the 2 actions arose out of the same incident – and the accused in
the criminal case is also the defendant in the civil case, and the offended party in the criminal
case is the plaintiff in the civil case, he ordered the consolidation of the 2 cases under Rule 31,
Section 1, to be tried together. Dr. Caños objected to the consolidation because according to his
lawyer, consolidation of cases under Rule 31, Section 1 applies only when there are 2 or more
civil cases to be considered.

ISSUE #1: Was the consolidation proper?

HELD: The order of consolidation is correct. Rule 31, Section 1 allows the consolidation of a
criminal and civil case because of the fact that there is a common question of fact or law between
them and that they are pending before the same court. As a matter of fact, before the same judge.

ISSUE #2: How do you reconcile these cases because the degree of proof in the criminal case is
not the same in the civil case?

HELD: The consolidation was proper under Rule 31 because there is a common question of fact
and law. They can be consolidated but for purposes of decision, the court will now apply two (2)
different criteria: Proof beyond reasonable doubt in the criminal case and preponderance of
evidence in the civil case. So there is no incompatibility

Section 2. Separate trials. –

The court, in furtherance of Section 2 is the exact opposite of Section 1. In Section 1, there
convenience or to avoid
prejudice, may order a are 2 or more cases which shall be joined together for joint trial.
separate trial of any claim, In section 2, there is one case with several claims, i.e.
counterclaims, cross-claims and third-party complaints. The rule
states that they should be tried together, one after the other, and then one decision.
Under Section 2, the court may grant a separate trial for your 3rd-party claim or permissive
counterclaim especially when there is no connection between my permissive counterclaim with
the main action.
RULE 32
TRIAL BY COMMISSIONER
Trial by commissioner applies when there is something to be tried which requires some
technical expertise, like accounting, which the court feels it does not possess, and it will be a
waste of time if everything will be tried in court. So, the court will refer it to a commissioner,
“You hear that and then you submit a report. Submit you report, you finding and your
recommendation.” And that person is known as a commissioner.
Commissioner is a person to whom a case pending in court is referred, for him to take
testimony, hear the parties and report thereon to the court, and upon whose report, if confirmed,
judgment is rendered (2 Martin, p. 142)
Section 1.
Reference by consent. –
By written consent of
both parties, the court General rule: Trial by commissioner depends largely upon the
may order any or all of discretion of the court; but the following are instances when such
the issues in a case to be appointment is mandatory:
referred to a
commissioner to be
1) Expropriation (R 67);
agreed upon by the
2) Partition (R 69);
parties or to be
3) Settlement of Estate of a Deceased Person in case
appointed by the court.
As used in these Rules,
the word
“commissioner” includes
a referee, an auditor and
an examiner. (1)
 of
contested claims; and
4) Submission of accounting by executors or administrators
Note: An irregularity in the appointment of a commissioner must be seasonably raised in the
trial court where the defect could still be remedied. It can be waived by consent of the partes or
implied. This was mentioned when we were talking about pre-trial. This is one of the purpose of
a pre-trial. That is Rule 18, Section 2 [f]: “(f) The advisability of a preliminary reference of
issues to a commissioner; ” This provision is actually referring to Rule 32

Example #1:
Prof. X and Magneto had continuous transactions. After a long while, their records do not
anymore reconcile. Prof. X filed a case against Magneto on the ground that Magneto has not yet
paid an obligation which is already due. Based on Magneto’s records, bayad na lahat. Wala na
syang utang. This is a question of accounting. The court will have to determine whose records
are correct and accurate – invoices, receipts, etc… must be presented, which might be hundreds
or thousands in volume. This will consume a lot of time of the court. The fact that the case
involves accounting and the judge is not an accountant (it is different if the judge is a
CPA/lawyer, hindi mahirap), the judge then should appoint an accountant to assist him. That
accountant is known as the commissioner. That will certainly shorten the time and expedite the
resolution of the case. The judge can then attend to other cases while the parties are presenting
all their invoices and receipts before the accountant/commissioner.

Example #2:
Prof. X and Magneto are owners of adjoining properties. Magneto put up a fence. Prof. X sued
Magneto for forcible entry on the ground that Magneto encroached on Prof. X’s ground, and
praying for the recovery of, say, 200 meters. Magneto contends that he built the fence on the
boundary line. The judge will look at the title of the land: “point degree 9, etc..” – only surveyor
or a geodetic engineer understands that! In this case, the court may appoint a geodetic engineer,
order the submission of the titles of the lands to him, he will go to the area, sukat-sukatin
niya, and he will draw a sketch and then based on the sketch, he will determine whether or not
there is an encroachment. The appointed surveyor or geodetic engineer is called a commissioner.
This is what you call trial by commissioner. And take note that under Section 1, trial by
commissioner is possible by mutual agreement of the parties. The parties must agree. Either you
can agree on who is the CPA, who is the engineer, or you can ask the court to appoint somebody
Q: Suppose the parties cannot agree, or one party files a motion
asking for the appointment of a commissioner. Is the court still
empowered to apply Rule 32?
A: YES, under section 2:

Section 2. Reference
ordered on motion. –
When the parties do not
consent, the court may,
upon the application of
Q: Give other examples of trial by commissioner.

A: The following:
1.) Special Civil Action of Expropriation under Rule 67 – when the court has to determine just
compensation. Under Rule 67, it is mandatory for the court to appoint a commissioner in order to
determine as to how much the value of the property;
2.) Special Civil Action of Partition under Rule 69. When the heirs cannot agree on how to
partition a property under co-ownership, the court may appoint a commissioner to study and
submit its report
So take note that trial by commissioner is allowed not only for the purpose of the court rendering
the judgment but also for the purpose of carrying a judgment or order into effect.

Section 3. Order of
reference; powers of the
commissioner. – When a
reference is made, the
clerk shall forthwith
furnish the
commissioner with a
copy of the order of
reference. The order
may specify or limit the
powers of the
commissioner, and may
direct him or her to
report only upon
Requisites of the order of reference;
1) it must state the purpose;
2) it must be in writing; and
3) it may specify or limit the power of the commissioner.
Powers of Commissioner:
1) exercise power to regulate the proceedings before him;
2) do all acts and take all measures necessary or proper for
the efficient performance of his duties;
3) swear witnesses;
4) issue subpoenas and subpoenas duces tecum;
5) unless otherwise provided in the order of reference, rule
upon the admissibility of evidence.

Section 4. Oath of
commissioner. – Before
entering upon his or her
Note: Section 6. Failure of
Section 5. Proceedings parties to appear before
Where the order was
before commissioner. – commissioner. – If a party
merely to examine the
Upon receipt of the order fails to appear at the time
accounts involved in the
of reference and unless and place appointed, the
otherwise provided
therein, the commissioner
counterclaim without any direction to hold hearings, the commissioner do not need the presence
of the parties (Froilan vs. Pan Oriental Shipping GR No. L-6060, Sept. 30, 1954)

Section 7. Refusal of
witness. – The refusal of a Delegation to Clerk of Court and Trial by Commissioner
witness to obey a 1) The Clerk of Court must be a lawyer while a commissioner
subpoena issued by the need not be a lawyer;
commissioner or to give 2) The Clerk of Court cannot rule on objections or on the
Section 8. Commissioner
evidence before him or admissibility of evidence while the commissioner can;
shall avoid delays. – It is
her, shall be deemed a 3) Delegation to the clerk of court is made during trial while a
the duty of the
contempt of the court commissioner can be appointed even after the case has become
commissioner to proceed
which appointed the final and executory
with all reasonable
commissioner. (7a)
diligence. Either party, on
notice to the parties and Section 9. Report of
commissioner, may apply Section 10. Notice to commissioner. – Upon the
to the court for an order parties of the filing of completion of the trial or
requiring the report. – Upon the filing hearing or proceeding
commissioner to expedite of the report, the parties before the commissioner,
(speed up) the proceedings shall be notified by the he or she shall fle with the
and to make his or her clerk, and they shall be court his or her report in
report. (8a) allowed ten (10) calendar writing upon the matters
days within which to
signify grounds of Of course, the parties are given
objections to the findings a copy of the report. And if it is
against you, you can question of the report, if they so the findings of that
commissioner. Sometimes, it desire. Objections to the is very difficult because there is
already a court appointed report based upon grounds commissioner but you have to
get another CPA to check on which were available to his report.
Note: Objections to the the parties during the report based upon grounds
which were available to the proceedings before the parties during the proceedings
before the commissioner commissioner, other than shall not be considered by the
court, unless they were objections to the findings made before the commissioner.
and conclusions therein set
Now take note that when the court approves a report, the
forth, shall not be
findings of the commissioner becomes the findings of the
considered by the court
court.
unless they were made
Q: So, can the findings of the commissioner on question of fact
before the commissioner.
be questioned by the parties?
(10a)
A: YES, under Section 11.
Section 12. Stipulations
Section 11. Hearing
as to fndings. – When upon
the
report.
parties –stipulate
Upon the that a
expiration
commissioner’sof thefindings
period
of
of fact shall be final,days
ten (10) calendar only
referred to in the
questions of law shall
thereafter be considered.
(12)
Q: Is there an exception that the finding of the commissioner on factual issues become final and
no longer be questioned?
A: YES, under Section 12
This is the only instance where you cannot question the commissioner’s report – when there is
already an agreement beforehand that the findings of fact by the commissioner are final, we
accept. So the principle of estoppel applies in this case and only questions of law will then be
considered. Meaning, factual issues are binding upon the parties.

Section 13. Compensation

of commissioner. – The Q: How is the commissioner paid?
court shall allow the A: To be taxed as costs against the defeated party, or
commissioner such apportioned. In most cases it is apportioned – 50-50 [isa gatos
reasonable compensation tanan!]
as the circumstances of the
case warrant, to be taxed
as costs against the RULE 33
defeated party, or
DEMURRER TO EVIDENCE
apportioned, as justice
requires. (13)
Section 1. Demurrer to
evidence. – After the
plaintiff has completed When to file demurrer to evidence. After the plaintiff has
the presentation of his or completed the presentation of his evidence, the defendant may
her evidence, the move for dismissal on the ground that upon the facts and the law,
defendant may move for the plaintiff has shown no right to relief.
dismissal on the ground Nature of demurrer to evidence (Definition): A demurrer to
evidence is a motion to dismiss on the ground of insufficiency or evidence and is presented after
the plaintiff rests his case. It is an objection by one of the parties in an action, to the effect that
the evidence which his adversary produced is insufficient in point of law, whether true or not, to
make out the case or sustain the issue. The evidence contemplated by the rule on demurrer is that
which pertains to the merits of the case (Gonzales v. Bugaay, G.R. No. 173008, February 22,
2012 ).
Effect of Denial
1. The defendant shall have the right to present his evidence.
2. An order denying a demurrer to evidence is not appealable because it is interlocutory.
Effect of Grant
1. The case shall be dismissed.
2. Upon appeal, the appellate court reversing the order granting the demurrer should not remand
(return) the case to the trial court. Instead, it should render judgment based on the evidence
submitted by the plaintiff (Radiowealth Finance Co v. Del Rosario, G.R. No. 138739, July 6,
2000).

FAILURE TO STATE A CAUSE OF

DEMURRER TO EVIDENCE
ACTIONAUSE OF ACTION
If the complaint fails to state a cause of action,
you will file an answer and raise it as an
affirmative defense (Rule 8, Sec. 12, RoC).

An affirmative defense is an allegation of a new

matter which, while hypothetically admitting the
material allegations in the pleading of the
claimant, would nevertheless prevent or bar
Plaintiff goes to trial and presents his
recovery by him or her. The affirmative defenses
testimonial, documentary, and object evidence. If
include fraud, statute of limitations, payment,
based on the presented evidence, plaintiff was not
illegality, statue of frauds, estoppel, former
able to prove his cause of action, the defendant
recovery, discharge in bankruptcy, and any other
will file a demurrer to evidence.
matter by way of confession and avoidance.
Affirmative defenses may also include grounds
for the dismissal of a complaint, specifically,
that the court has no jurisdiction over the subject
matter, that there is another action pending
between the same parties for the same cause, or
that the action is barred by a prior judgment
(Section 5, Rule 6, RoC).

It is based on preliminary objections which can

It can be determined after the plaintiff has rested his
be ventilated out before the beginning of the trial
case and based on the evidence admitted by the
(Manila Banking v. University of Baguio, G.R.
court, the plaintiff failed to prove his complaint
No. 159189, February 21, 2007).

Ground for Demurrer to Evidence. The only ground for demurrer to evidence is upon showing
that upon the facts and the law, the plaintiff has shown no right to relief.
Purpose for Demurrer to Evidence. It is an aid or instrument for the expeditious termination of
an action similar to a motion to dismiss which the court or tribunal may grant or deny.
DEMURRER TO EVIDENCE IN CIVIL CASES
Q: Under the Rule on Trial, who presents evidence first?

A: It is the plaintiff. The plaintiff presents evidence to prove his cause of action. He must prove
his case or his claim by preponderance of evidence.

Q: Suppose after the plaintiff has rested, the plaintiff has not proven his cause of action?
A: The defendant may move for dismissal on the ground that upon the facts and the law, the
plaintiff has shown no right to relief. Meaning, the plaintiff have not proven his cause of action
by preponderance of evidence.

Section 2. Action on
demurrer to evidence. – A Notes:
demurrer to evidence
 Rule 15 (it is in the form of a litigated motion)
shall be subject to the
provisions of Rule 15. Q: Will you file a notice of hearing together with that
motion?
A: NO. The court may schedule it for clarificatory hearing because it is a litigated motion.
Waiver of Right to Present Evidence—If the demurrer is granted but on appeal the order of
dismissal is reversed, the defendant is deemed to have waived his right to present evidence (Rule
33, Sec. 1, RoC).

CIVIL CASES CRIMINAL CASES

AS TO NECESSITY OF LEAVE OF COURT
The defendant need not ask for leave of Can be filed with or without leave of court.
court However, filing it with leave of court is
important for the defendant to still be able to
present his evidence if the demurrer is denied
AS TO THE EFFECT OF GRANTING OF THE DEMURRER
If the court finds that the plaintiff’s evidence if the court finds the prosecution’s evidence is
is insufficient, it will grant the demurrer by insufficient, it will grant the demurrer by
dismissing the complaint rendering judgement acquitting the accused
AS TO EFFECT OF DENIAL
If the court denies the demurrer, the defendant If the court denies the demurrer:
will present his evidence a. With leave of court: Accused
may present his evidence
If the demurrer b. Without leave of court: accused can
no longer present his evidence and
submits the case for decision based
 on the prosecution’s evidence

RULE 34
JUDGMENT ON THE PLEADINGS

Section 1. Judgment on
the pleadings. – Where an Notes:
answer fails to tender an
issue, or otherwise admits  It is a judgment rendered by the court if the answer fails to
the material allegations of tender an issue, or otherwise admits the material allegations
the adverse party’s of the adverse party’s pleading, or there are negative
pleading, the court may, pregnant.
on motion of that party, o A negative pregnant is the denial of
direct judgment on such some part of an allegation such that the
pleading. However, in denial is “pregnant” with the
actions for declaration of possibility that the allegation as a
nullity or annulment of whole may still be true, except for that
marriage or for legal detail.
separation, the material
facts alleged in the  The judgment is based exclusively upon the allegations
complaint shall always be appearing in the pleadings of the parties and the annexes
proved. (1) thereto, if any, without consideration of any evidence
aliunde ( from a source outside the document currently
under consideration)
Grounds for judgment on the pleadings—The answer fails to tender an issue because of:
1. General denial of the material allegation of the complaint; or
2. The answer admits material allegations of the adverse party’s pleadings (Rule 34, Sec.
1,
RoC).

Instances when judgment on the pleadings is NOT applicable

1. Actions for declaration of nullity of marriage, annulment of marriage or for legal separation;
2. Unliquidated damages;
3. Insufficiency of fact – amendment is the remedy.
 Section 2. Action on motion for judgment on the pleadings. – The court may motu proprio or on
motion render judgment on the pleadings if it is apparent that the answer fails to tender an issue, or
otherwise admits the material allegations of the adverse party’s pleadings. Otherwise, the motion
shall be subject to the provisions of Rule 15 of these Rules. Any action of the court on a motion for
judgment on the pleadings shall not be subject of an appeal or petition for certiorari, prohibition or
mandamus. (n)

Rule 34 in connection with Sec. 10 of Rule 18

Sec. 10 Judgment after pre-trial. – Should there be no more controverted facts, or no more
genuine issue as to any material fact, or an absence of any issue, or should the answer fail to
tender an issue, the court shall, without prejudice to a party moving for judgment on the
pleadings under Rule 34 or summary judgment under Rule 35, motu propio include in the pre-
trial order that the case be submitted for summary judgment or judgment on the
pleadings, without need of position papers or memoranda. In such cases, judgment should be
rendered within ninety (90) calendar days from termination of the pre-trial.
The order of the court to submit the case for judgment pursuant to this Rule shall not be
the subject to appeal or certiorari (Rule 18, Sec. 10, RoC).

NOTE: If parties are still in the pre-trial stage the court on any basis there is, can on its
own or upon motion of the party render judgment on the pleadings.
Note: When it appears, that not all the material allegations of the complaint were admitted
in the answer, because some of them were either denied or disputed, and the defendant has
set up certain special defences which, if proven, would have the effect of nullifying
plaintiff’s main cause of action, judgment on the pleadings cannot be rendered (Philippine
National Bank vs. Aznar, G.R. No. 171805, May 30, 2011).
The order of the court in Sec. 10 Rule 18 cannot be subject of appeal nor can it be
subject to Rule 65 petition because it is not a final order.

Q: After pre-trial, can the court still render judgment based on the pleadings?

A: YES. Sec. 2 of Rule 34 states that the court may motu propio (on its own) or on motion
render judgment on the pleadings if it is apparent that the answer fails to tender an issue, or
otherwise admits the material allegations of the adverse party’s pleadings. Otherwise, the motion
shall be subject to the provisions of Rule 15 of these Rules.

Judgment on the pleadings is improper when the answer to the complaint tenders several issues
(Municipality of Tiwi v. Betito, G.R. No. 171873, July 9, 2010).
Essential question when a motion for judgment on the pleadings is filed; whether there are
issues generated by the pleading
When a motion for judgment on the pleadings is filed, the essential question is whether there are
issues generated by the pleadings. In a proper case for judgment on the pleadings, there is no
ostensible issue at all because of the failure of the defending party’s answer to raise an issue.
RULE 35
SUMMARY JUDGMENTS

Section 1. Summary
judgment for claimant. – Summary Judgment
A party seeking to recover Parties to an action have the right "to a plenary trial of the case"
upon a claim, to ensure that they were given a right to fully present evidence
counterclaim, or cross- on their respective claims. There are instances, however, when
claim or to obtain a trial may be dispensed with. Under Rule 35, a trial court may
dispense with trial and proceed to decide a case if from the
pleadings, affidavits, depositions, and other papers on file, there is no genuine issue as to any
material fact. In such a case, the judgment issued is called a summary judgment (Oliver vs.
Castillo, G.R. No. 196251, July 9, 2014).

Judgment on the Pleadings vs. Summary Judgment

Judgment on the Pleadings Summary Judgment
AS TO ISSUES
Judgment on the pleadings is proper when In a summary judgment, the answer filed
the answer filed fails to tender any issue, or tenders issues as specific denials and
otherwise admits the material allegations in affirmative defences are pleaded, but the
the complaint issues raised are sham, fictitious, or otherwise
not genuine

AS TO WHO MAY FILE

Filed by a claiming party like a plaintiff or a May be filed by either the claiming or the
counterclaimant. defending party

AS TO BASIS OF JUDGEMENT
Based on the pleadings alone. Based on pleadings, affidavits, depositions
and admissions
AS TO THE NOTICE REQUIRED
Only a three-day notice to the adverse party is A ten-day notice to the adverse party is
required prior to the date of hearing in a required. The adverse party in turn may serve
motion for judgment on the pleadings based opposing affidavits, depositions or admissions
on the regular rules on motions. at least three days before the hearing.

AS TO JUDGMENT
A. May be an interlocutory order, in case ON MERITS
 of partial summary judgment
B. On the merits

Section 2. Summary
judgment for defending
party. – A party against
whom a claim,
counterclaim, or cross-

Section
Section
4. 3.
Case
Motion
not fully
and
adjudicated
proceedingson thereon.
motion. –
If The
on motion
motionunder
shall this
cite the
Rule,
supporting
judgment affidavits,
is not
rendered
depositions
uponorthe whole
case
admissions,
or for all the
andreliefs
the Section 6. Affidavits in
sought
specific
andlawa trial
relied
is upon. bad faith. – Should it
necessary,
The adverse
the court
partymay,
may appear to its satisfaction
byfile
examining
a comment the and serve at any time that any of
opposing affidavits, the affidavits presented
Section 5. Form of
pursuant to this Rule are
affidavitsdepositions, or
and supporting
presented in bad faith,
papers. – Supporting and
or solely for the purpose
opposing affidavits shall
of delay, the court shall
be made on personal
forthwith order the
knowledge, shall set
offending party or
forth such facts as would
counsel to pay to the
be admissible in
other party the amount
evidence, and shall show
of the reasonable
affirmatively that the
expenses which the fling
affiant is competent to
of the afdavits caused
testify to the matters
him or her to incur,
stated therein. Certified
including attorney’s
true copies of all papers
fees[, i]t may, after
or parts thereof referred
hearing further adjudge
to in the affidavit shall
the offending party or
be attached thereto or
counsel guilty of
served therewith. (5)
contempt. (6a)