Professional Documents
Culture Documents
BASIC
CONCEPTS
ON
TRIAL
GR:
Trial
is
necessary
if
there
are
legal
and
(RULES
30
AND
132)
factual
issues
involve
in
the
case
which
requires
presentation
of
evidence
and
What
is
trial?
witnesses.
A
trial
is
a
judicial
process
of
investigating
and
determining
the
legal
controversies,
starting
EXCEPTIONS:
with
the
production
of
evidence
by
the
a.
When
the
case
falls
under
the
Rules
on
plaintiff
and
ending
with
his
closing
Summary
Procedure
in
civil
cases;
arguments.
b.
When
the
parties
enter
into
an
amicable
settlement
or
compromise
of
their
claims;
Nature
of
trial:
trial
before
the
court
is
c.
In
case
of
dismissal
of
action
under
Rule
16;
adversarial
in
character,
and
which
requires
d.
In
case
of
dismissal
of
the
action
under
Secs.
the
presentation
of
evidence
and
witnesses
1
and
2
of
Rule
17;
before
the
court.
e.
In
case
of
dismissal
of
the
action
under
Sec.
3,
Rule
17;
Constitutional
right
to
speedy
trial
f.
In
case
of
dismissal
of
the
action
for
failure
Section
16,
Article
3,
1987
Constitution
of
the
plaintiff
to
appear
during
pre-‐trail
conference;
“Section
16.
All
persons
shall
have
the
g.
In
case
of
judgment
on
the
pleadings
under
right
to
a
speedy
disposition
of
their
cases
Rule
34;
before
all
judicial,
quasi-‐judicial,
or
h.
In
case
of
summary
judgment
under
Rule
administrative
bodies.”
35;
i.
In
case
of
amicable
settlement
during
Factors
to
determine
delay
mediation
before
the
Philippine
Mediation
a.
Duration
of
the
delay;
Center;
b.
Reason
therefor;
j.
In
case
of
amicable
settlement
during
c.
Assertion
of
the
right
of
failure
to
assert
it;
Judicial
Dispute
Resolution;
and
k.
In
case
of
amicable
settlements
by
virtue
of
d.
Prejudice
caused
by
such
delay.
Alternative
Dispute
Resolution.
l.
When
parties
to
any
action
agree,
in
writing,
Applicability
of
right
to
speedy
trial
upon
the
facts
involved
in
the
litigation,
and
-‐
all
parties
in
all
cases,
including
civil
and
submit
the
case
for
judgment
on
the
facts
administrative
cases,
and
in
all
proceedings,
agreed
upon,
without
the
introduction
of
including
judicial
and
quasi-‐judicial
evidence
under
Sec.
6,
Rule
30.
hearings
Burden
of
proof
in
civil
case
Purpose
of
speedy
trial:
to
stem
the
tide
of
-‐
the
party
having
the
burden
of
proof
must
disenchantment
among
the
people
in
the
establish
his
case
by
a
preponderance
of
administration
of
justice
by
our
judicial
and
evidence
quasi-‐judicial
tribunals
-‐
preponderance
of
evidence:
evidence
which
is
of
greater
weight,
or
more
Right
to
speedy
disposition
of
cases:
The
convincing
than
that
which
is
offered
in
Constitution
requires
all
lower
courts
to
opposition
to
it.
decide
or
resolve
cases
or
matters
within
3
-‐
the
plaintiff
must
rely
on
the
strength
of
his
months
from
the
time
said
matter
is
own
evidence
and
not
upon
the
weakness
of
submitted
for
decision
or
resolution.
the
defendant’s
Trial
vs.
Hearing
Notice
of
trial
Hearing
is
broader
in
its
scope
as
it
includes
Section
1
pre-‐trial
conference,
hearing
on
the
motion,
and
trial;
while
trial
is
limited
only
to
the
Duty
of
the
clerk
of
court
upon
entry
of
a
case
presentation
of
evidence
and
witnesses
before
in
the
trial
calendar:
the
court.
a.
Notify
the
parties
of
the
date
of
its
trial;
b.
In
such
manner
as
shall
ensure
his
receipt
of
that
notice
at
least
5
days
before
such
date.
Page
1
of
7
Page
2
of
7
When
and
how
to
make
an
objection:
When
can
the
court
make
a
ruling
on
the
a.
Objection
to
evidence
offered
orally
must
be
objection:
immediately
unless
he
court
made
immediately
after
the
offer
is
made;
desires
to
take
time
to
inform
itself
on
the
b.
An
offer
of
evidence
in
writing
shall
be
question
presented;
but
the
ruling
shall
objected
to
within
3
days
after
notice
of
the
always
be
made
during
the
trial
and
at
such
offer
unless
a
different
period
is
allowed
by
time
as
will
give
the
party
against
whom
it
is
the
court.
made
an
opportunity
to
made
the
situation
presented
by
the
ruling.
Rules
on
objection
on
the
offer
of
evidence
Section
36,
Rule
132
What
should
the
court
do
in
making
a
ruling
-‐
Objection
to
evidence
offered
orally:
The
reason
for
sustaining
or
overruling
an
immediately
after
the
offer
is
made
objection
need
not
be
stated.
However,
if
the
-‐
Objection
to
a
question
propounded
in
objection
on
one
or
some
of
them
must
the
course
of
oral
examination
of
a
witness
specify
the
ground
or
grounds
relied
upon.
shall
be
made
as
soon
as
the
ground
therefor
shall
become
reasonably
apparent.
Presentation
of
defendant’s
evidence
-‐
Objection
to
an
offer
of
evidence
in
writing
shall
be
objected
to
within
3
days
When
made:
after
the
plaintiff
has
rested
its
after
notice
of
the
offer
unless
a
different
case
or
in
case
of
denial
of
the
demurrer
to
period
is
allowed
by
the
court.
evidence.
Oral
offer
and
objections
of
exhibits
under
Rebuttal
evidence
the
JUDICIAL
AFFIDAVIT
RULE
Any
component
evidence
to
explain,
repel,
or
counteract,
or
disprove
adversary’s
proof.
When
is
an
oral
offer
of
evidence
of
documentary
or
object
exhibits
is
made:
When
receivable:
only
when
new
matters
upon
the
termination
of
the
testimony
of
his
have
been
developed
by
the
evidence
of
one
of
last
witness
the
parties
and
is
generally
limited
to
a
reply
to
new
matters
How
made:
piece
by
piece,
in
their
chronological
order,
stating
the
purpose
or
When
may
be
presented:
after
the
purposes
for
which
a
particular
exhibit
is
termination
of
the
presentation
of
the
offered
defendant’s
evidence-‐in-‐chief
How
objection
shall
be
made
Who
may
present:
the
plaintiff
After
each
piece
of
exhibit
is
offered,
the
adverse
party
shall
state
the
legal
ground
for
CONSOLIDATION
OR
SEVERANCE
OF
CASES
his
objection,
if
any,
to
its
admission,
and
the
(RULE
31)
court
shall
immediately
make
its
ruling
respecting
that
exhibit.
When
proper:
when
actions
involving
a
common
question
of
law
or
fact
are
pending
How
to
make
an
offer
of
exhibits
as
part
of
before
the
court.
the
judicial
affidavits
Since
the
documentary
or
object
exhibits
form
What
the
court
may
do:
part
of
the
judicial
affidavits
that
describe
and
a.
Order
a
joint
hearing
or
trial
of
any
or
all
authenticate
them,
it
is
sufficient
that
such
the
matters
in
issue
in
the
action;
exhibits
are
simply
cited
by
their
markings
b.
Order
all
the
actions
consolidated;
or
during
the
offers,
the
objections,
and
the
c.
It
may
make
such
orders
concerning
rulings,
dispensing
with
the
description
of
the
proceedings
therein
as
may
tend
to
avoid
exhibit.
unnecessary
costs
or
delay.
Ruling
of
the
court
on
the
comment
Separate
trials
Section
2
Page
3
of
7
Page
4
of
7
Remedy
of
the
party
in
case
of
delay
b.
Modifying
the
report
Either
party,
on
notice
to
the
parties
and
c.
Rejecting
the
report
in
whole
or
in
part;
or
commissioner,
may
apply
to
the
court
for:
d.
Recommitting
it
with
instructions;
or
a.
An
order
requiring
the
commissioner
to
e.
Requiring
the
parties
to
present
further
expedite
the
proceedings;
and
evidence
before
the
commissioner
or
the
b.
For
the
commissioner
to
make
his
report.
court.
Report
of
the
commissioner
Stipulations
as
to
findings
Section
9
Section
12
Duties
of
the
commissioner
upon
the
Effect
when
the
parties
stipulate
that
a
completion
of
the
trial
or
hearing
or
commissioner’s
finding
of
facts
shall
be
proceeding
before
him:
final:
only
questions
of
law
shall
thereafter
be
considered.
a.
File
with
the
court
his
report
in
writing
upon
the
matters
submitted
to
him
by
the
order
of
reference;
b.
When
his
powers
are
not
specified
or
limited,
he
shall
set
forth
his
findings
of
fact
and
conclusions
of
law
in
his
report;
c.
He
shall
attach
thereto
all
exhibits,
affidavits,
depositions,
papers
and
the
transcript,
if
ant,
of
the
testimonial
evidence
presented
before
him.
Notice
to
parties
of
the
filing
of
report
Section
10
Duty
of
the
clerk
of
court
upon
submission
of
the
report
Upon
submission
of
the
report,
the
parties
shall
be
notified
by
the
clerk,
and
they
shall
be
allowed
10
days
within
which
to
signify
grounds
of
objections
to
the
findings
of
the
report,
if
they
so
desire.
Rule
on
objection
made
by
the
parties
during
the
proceedings
Objections
to
the
report
based
upon
grounds
which
were
available
to
the
parties
during
the
proceedings
before
the
commissioner,
other
than
objections
to
the
findings
and
conclusions
therein
set
forth,
shall
not
be
considered
by
the
court
unless
they
were
made
before
the
commissioner.
Hearing
upon
the
report
Section
11
Courses
of
action
of
the
court
on
the
hearing
on
the
report
upon
the
expiration
of
the
period
of
10
days
referred
to
in
Section
10
The
court
shall
issue
and
order
a.
Adopting
the
report
Page
5
of
7
DEMURRER
TO
EVIDENCE
(RULE
33)
JUDGMENT
ON
THE
PLEADINGS
(RULE
34)
What
is
a
demurrer
to
evidence?
“Section
1.
Judgment
on
the
pleadings.
—
A
demurrer
to
evidence
is
a
motion
to
dismiss
Where
an
answer
fails
to
tender
an
issue,
or
on
the
ground
of
insufficiency
of
evidence
and
otherwise
admits
the
material
allegations
of
is
presented
after
the
plaintiff
rests
his
case.
the
adverse
party's
pleading,
the
court
may;
on
motion
of
that
party,
direct
judgment
on
Nature
of
the
demurrer
to
evidence
such
pleading.
However,
in
actions
for
-‐
It
authorizes
a
judgment
in
the
merits
of
the
declaration
of
nullity
or
annulment
of
case.
marriage
or
for
legal
separation,
the
-‐
It
is
similar
to
a
motion
to
dismiss
which
the
material
facts
alleged
in
the
complaint
shall
court
or
tribunal
may
either
grants
or
deny.
always
be
proved.”
Guidelines
in
the
granting
of
demurrer
to
When
judgment
on
the
pleading
is
proper
evidence
When
an
answer
fails
to
tender
an
issue,
or
-‐
May
be
issued
when
upon
the
facts
and
the
otherwise
admits
the
material
allegations
of
law,
the
plaintiff
has
shown
no
right
to
relief
the
adverse
party’s
pleading.
-‐
Where
the
plaintiff’s
evidence
together
with
such
inferences
and
conclusions
as
may
be
Nature
of
a
judgment
on
the
pleading
reasonably
drawn
therefrom
does
not
A
motion
for
judgment
on
the
pleading
admits
warrant
recovery
against
the
defendant,
a
the
truth
of
all
the
material
and
relevant
demurrer
to
evidence
should
be
sustained.
allegations
of
the
opposing
party
and
the
-‐
It
should
be
sustained
where
the
plaintiff’s
judgment
must
rest
on
those
allegations
taken
evidence
is
prima
facie
insufficient
for
a
together
with
such
other
allegations
as
are
recovery.
admitted
in
the
pleadings.
When
to
file
Judgment
on
the
Pleadings
vs.
Summary
-‐
after
the
plaintiff
has
completed
the
Judgment
presentation
of
his
evidence
Judgment
on
Summary
the
Judgment
Ground
Pleadings
-‐
that
upon
the
facts
and
the
law
the
plaintiff
When
When
it
Proper
even
has
shown
no
right
to
relief
proper
appears
that
if
there
is
an
there
is
no
issue
as
to
Remedy
of
the
defendant
in
case
the
genuine
issue
damages
motion
is
denied
between
the
recoverable
-‐
he
shall
have
the
right
to
present
evidence
parties
Basis
Based
Based
not
Remedy
of
the
plaintiff
in
case
of
granting
exclusively
only
on
the
of
the
demurrer
upon
the
pleadings
but
-‐
appeal
pleadings
also
upon
the
without
affidavits,
Effect
if
the
demurrer
is
granted
but
on
introduction
depositions,
appeal
the
order
of
the
dismissal
is
of
evidence
and
reversed
admissions
of
-‐
he
shall
be
deemed
to
have
waived
the
right
the
parties
to
present
evidence
showing
that,
except
as
to
Demurrer
to
evidence
in
criminal
versus
the
amount
civil
cases
of
damages,
(see
notes)
there
is
no
genuine
issue.
What
cases
In
any
action
Proper
only
available
Except:
in
actions
to
Page
6
of
7
annulment
of
recover
a
marriage
or
debt,
or
for
a
legal
liquidated
separation
sum
of
money,
or
for
declaratory
relief
Required
3
days,
and
10
days
notice
where
all
material
averments
of
the
complaint
are
admitted,
such
motion
may
even
be
made
ex
parte
Page 7 of 7