NOTES ON PRAC 1

Practice Court discussion

Rule 1-6 amendments

Cause of Action

1. law

2. contract

Act –positive

Omission- hindi mo ginawa

Source of right of plaintiff: law

3rd requisite is most important for cause of action.

Chinabank vs. CA

Texon case

-The defendant can violate can either be expressly or impliedly

Violation of right

What do we need to inquire into for the determination of a cause of action?

The element #3 is the most important.

Right to file – you need to file.

Right of action and cause of action- must go hand in hand.

Ultimate facts – essential to establish Cause of Action

Amendmet:

Ultimate Facts and Evidentiary facts must be alleged in the complaint.

Rule 7.2

Pretrial- section 6.

Rule 8.1
Including evidence check Rule 8.1 –Evidentiary

-Section

Q: Is it enough that the party demonstrate that he has a cause of action in order to enforce his right?

A: Cause of Action + preparation

Next File the initiatory pleading

Rule 13- Definition of filing vs. service

Filing

-(RRules) act of submitting the pleading or other paper to the court

Service – act of providing a party with a copy of the pleading or any other court submission

Q: Why is it important to know the difference between filing and service?

A: Rule 17 Sec 1

-at anytime b

-ginamit service

-dapat

-there are remedies that are reckoning period, hindi pwede magkapalit

Manner of filing

4 modes

1. Personally submitting the original indicated as such to the court

2. Registered mail

3. Accredited couries

4. Electronic Mail

Among the 4 modes, a & b are the only recognized by the rules in using

-pleading is counted from the personally submitted it.

In using b
-registered

-pleading deemed file date of mailing is the date of filing

-considered filed on time

In using C

-under old rules

-date of receipts of the court

Under the new rules

-same effect for as long as accredited courier

Supreme Court circular

-date of mailing

-date of filing if accredited

-if not accredited, the date of receipt by the court

Modes of service

a. personally service

b. Registered Mail

c. Accredited Courrier

Manner of filing

R2, R3. R4, R6,R7,R8,R9, R10, R11, R13

-Rules of preparation

Cause of action + prepare + filing + payment of full and correct docket fees

-if not paid, the court will not have jurisdiction

-pmt of docket fees is jurisdictional

Ramones vs.

-Pmt of full and correct docket fees is jurisdictional

Kung kulang ung docket fees – ipa reassess ng court

Only when the court ordered you, hindi mo sinunod, saka ka palang maapektuhan ng General Rule.

Q: Options available to the plaintiff upon filing of the complaint

A: Rule 17.2 -> dismissal of the action

MODES OF DISMISSAL

Sec 1- file notice of dismissal

1. filing a notice of dismissal by

Q: When can the plaintiff avail?

A: At anytime before service of an answer

E pag hindi pa nya na receive ung answer or motion of summary judgment pwede pa sya magffile ng
dismissal

Sec 2 – file ay motion to dismiss. When? If na servan ka nan g answer. You will use

MY NOTES

The practice of having a preliminary conference before the branch clerk of court was done away with, and
pre-trial shall be immediately conducted by the judge. Pre-trial now needs to be concluded before the case
is referred to Court-Annexed Mediation (CAM), but only (1) if there is a genuine issue involved; (2) if the
answer tenders an issue; or (3) if the answer does not admit the material allegations in the adverse party’s
pleadings. If the CAM fails, Judicial Dispute Resolution may be availed of only if the judge of the court
to which the case was originally raffled is convinced that settlement is still possible. The initial
presentation of evidence shall take place no later than thirty (30) calendar days after termination of the
pre-trial. The continuous trial of civil cases is adopted, whereby the plaintiff and the defendant are given
ninety (90) calendar days each to present evidence, which one hundred eighty (180)-calendar day period
may be extended to ten (10) months or three hundred (300) calendar days if there is a third (fourth, etc.)-
party claim, counterclaim or cross-claim. Judgment shall be rendered within ninety (90) calendar days
from the submission of the case for resolution, with or without memoranda.
PRE-TRIAL

-No definition according to Rules of Court

Procedural device used prior to the trial after the last responsive pleading has been served and filed, to
narrow down issues to be tried, to secure stipulations as to matters and evidence to be heard and to take
all steps necessary for the disposition of the case (general purposes)

Procedural device – means it is provided by the rules

What are the last responsive pleadings – answer, reply (if necessary)

When the answer is being filed the legal repercussion is?

A: The issues are now joined

Susceptible to Rule 34 and 35

2nd paragraph – general purposes of the pre-trial

Sec 2.

TINIO VS. MANZANO – To prevent surprise Litigation

“You are formally informed of the evidence, withness”

Q: it is important to follow the pre-trial rules?

A: Yes. Mandatory. Ramos vs. Spouses Alvendia,

Not observance may result to the prejudice of the party’s substantive rights (refer to Sec.5 Rule 18)

To prevent a surprise litigation

GR: Faithful compliance. Except most persuasive reasons

Before 1997 Rules – if hindi naka file ang plaintiff, ung court na mismo ang magset ng pre trial.

In practice, the plaintiff can file motion to set pre-trial. Pag matagal na masyado…the court will not take
that against you
Notice of Pretirial –

Q: Is pre trial mandatory in all trial courts?

A: Yes. Rule 18 Sec2. And others…

Q: When to conduct pre-trial ?

A; After the last responsive pleading has been served and filed

Q:

A: Not later than 60 calendar days from the filing of the last responsive pleading

Ung 60 days pasok ang 5 days

Q:TERMINATION OF PRE-TRIAL

A: promptly

AMECABLE STATEMENT – check ng court kung contravene sa Public policy

ADR sample:

Simplification of the issues

- EX. Non payment of debt .pnaka issue ung non payment.

- -raise only issues necessary to resolve the cause of action

3. Possibility of obtaining stipulations or admissions of facts and of documents to avoid

unnecessary proof
Ex. Probate of the will. Are the respondents willing to stipulate that they are also one of the heirs
of the decedent Mr.A. Yes your honor. So no need to present document to proof.

Example: Is Mr. B willing to stipulation that there was a contract of loan?

4. Limitation of the number and identification of witnesses and the setting of trial dates
EX: testimonies which are merely corroborative may be dispensed.
 5. The advisability of a preliminary reference of issues to a commissioner;
*trial by commissioner if sobrang dami, sobrang technical to settle the issues to narrow the issues
6. 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

- Double edged ang stipulations

- Rule 34 or Rule 35
- 7. The requirement for the parties to

INCIDENTAL PLEADINGS

Notice of entry of appearance

-there is a need for the defendant

-required copy furnished

Notice of withdrawal of appearance

- we don’t give the justification ng withdrawal, was mo sabihin ung reason

-required copy furnished

- in addition, there has to be conformity with client (in practice itatanong ng courts0

Notice of dismissal

- Hindi pwdeng by mere motion

- Sec 1 Rule 17, walang justification( by mere change of heart)
- In practice, misapprehension of facts
- Copy furnished
- Conformity with client

Motion to dismiss

-Sec 2 Rule 17

-antecedents of the case

-litigious motion
DEMAND Letter

-Civil cases

-Collection suit

-BP 22

-Ejectment suit (both unlawful detainer and __)

- no need to copy furnished

SPECIAL POWER OF ATTORNEY

-simula ka na sa Body

“Do hereby appoint/constitutte”

“twith attorney and to perform the following acts:

-may acknowledgment

Memorize Rule 18 section 6 – SPA for pretrial

1. Mark their respective evidence if not yet marked in the judicial affidavits of their
witnesses;
2. Examine and make comparisons of the adverse parties’ evidence vis-a-vis the copies to – (sa
photocopy)
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.

GR: NO RESERVATION EVIDENCE

- Hindi ka pwede magdagdag ng evidence. EXCEPT: Sec 2 par.4 1 at 2

Q: Can the Court allow Compromise agreement?

A: Section2 PAR. H

Q: What is the nature of pre-trial?

A: Mandatory or Terminated promptly

If you cant terminated the pre-trial you cannot proceed to the trial proper

Q: What are the components of a trial ?

A: Preliminary Conference – pre-marking of evidence

PMC/CAM

JDR

PT Proper

AM 19-10-20-SC
CAM

-parties will have compromise agreement

Q: non appearance at the pretrial?

A: Section 5

Q: What else

A: Waiver – H. Section 2.

 There is no default na term pag hindi ka nag attend sa pretrial. Pero parang in default na din

Q: Who are required to appear?

A: Parties and counsel

Q: Exceptions?
A: The non-appearance of a party and counsel may be excused only for acts of God, force
majeure, or duly substantiated physical inability
- NOTARIZED MEDICAL CERTIFICATE

Q: Are this the only exceptions?

A: No. A representative may appear on behalf of a party, but must be fully authorized in writing to enter
into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into
stipulations or admissions of facts and documents.

-Special Power of Attorney

Q: Pleading required to be filed?

A: Pre trial Brief

Contents: Sec.6

Q: Importance of the pretrial bried?

PTB = FR (R18,S6) +OR = SERVICE TO OTHER PARTY

LEGAL ISSUES – Issues requiring application of the law

Factual issues - u get it normally from the concise statements

Referral to the commissioner

Documentary evidence

Template:

1. title

2. briedf descriptions

3. purpose

*sa pretrial bried –exhibiti na sya

a. default purpose – to prove the existence of this document

b. to show that MR….. (Depende na sa case)

HOW TO MAKE A RESERVATION

MANNER OF RESERVATION

EX. BDO Check

TESTIMONIAL EVIDENCE –

PRAYER.

- To take note of the submission of thje PRETRIAL BRIED

GENERAL PRAYER

Signature portion
SERVICE means copy furnished the defemdamt

And explanation if not personal filing

WALANG JURAT WALANG

PRESENTATION OF EVIDENCE

October 3

TRIAL

Exemption of the samples open court evidence..

Sample:

Chambers of the court

-Holding area sa mga bata livestream. Usually nagtatanggal ung judge ng robe

Q; False testimony – perjury, contempt, in give

Must be given orally, exceptions :

1. incapacitated to speak

Incapacitated – dumb

- The witness can use any other mode to communicate (may interpreter)
- Provided, the court is able
-

2, Question calls for a different mode of answer

- If the question is pinpoint kung sino accused. Pointing of a man

- Family courts rape case sa mga bata anatomical dolls
- -how far are you (upuan kop o to this po)
2. The proceedinsg must be recorded

-transcript of stenographic notes (TSN)

“Off the record” – meaning hindi isasama

Weight evidence of TSN

- Deemed prema facie correct

- Presumption that the TSN is correct on its face unless overturn by a more concrete evidence

3. Rights of the witnesses/es must be respected (RA132, S3)

ORDER OF EXAMINATION – Are you mandated to conduct all these kinds of exams? No.

Direct exam is only required. What is the purpose of Direct Examination? Examination in Chief

-Questions relevant to the issues

Proponent – kung sino nagppresent ng evidence.

Without cross examination, no re-direct

Direct Exam, define (R132 Sec 5)

Take note: Judicial Affidavit Rule

Q: What is the purpose of the direct examination?

A: presenting facts that are relevant to the issue.

-principal witness

To prove any facts relevant to the issue

Cross Examination

-purposes: To the test the truthfulness and freedom from interest, bias
To elicit all important facts bearing upon the issue

Cross Examination - conducted by opponent

Extent: on any relevant matter with sufficient fullness and freedom

REDIRECT EXAMINATION

- Purpose -to explain the answers given during the cross examination

-if nagkalat sa cross examination

Extent : to explain the

Focus of re-direct

Q: Can the counsel on redirect examination..

R132, S7.

Recross examination

MEMORIZE- PURPOSE AND EXTENT

Subject ng Cross - Matters covered ng direct

Coverage ng redirect -- matters covered ng redirect

Once mag stipulate ka

Recalling of the witness:

1. With leave of court

2. In the interest of justice