Civil Procedure Outline Rule 1-20.doc

Civil Procedure – Rules 1 – 10 Rule 1 General Provisions 1. Civil action – one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong; may be ordinary or special Criminal action – one by which the state prosecutes a person for an act or omission punishable by law Special proceeding – remedy by which a party seeks to establish a status, a right, or a particular fact 2. Rules of Court shall NOT be applicable to the following, except by analogy or in a suppletory character, and whenever practicable and convenient 1.

Election cases;

2.

Land registration;

3.

Cadastral proceedings;

4.

Naturalization proceedings; and

5.

Insolvency proceedings Rule 2 Cause of Action

1. Cause of action – an act or omission by which a party violates the right of another 2. Requisites of Joinder of Causes of Action: 1.

The party joining the causes of action shall comply with the rules on joinder of parties;

2.

The joinder shall NOT include special civil action or actions governed by special rules;

3.

Where the causes of action are between the same parties but pertain to different venues or jurisdiction, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of the RTC and the venue lies therein;

3. Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. 4. Misjoinder of causes of action NOT a ground for dismissal; the action may, on motion or motu proprio, be severed and proceeded with separately. Rule 3 Parties to Civil Actions 1. Claims that Survive the Death of a Party: 1.

Actions to recover real and personal property against the estate;

2.

Actions to enforce liens thereon;

3.

Actions to recover for injury to persons or property by reason of tort;

4.

Actions to recover money arising from contract, express or implied.

2. Death of defendant in action on contractual money claims before judgment of RTC NOT ground for dismissal. Action continues until entry of final judgment. Any judgment against estate of deceased will be enforced as money claim. Writ of preliminary attachment, if any, not dissolved. 3. Requisites of Permissive Joinder of Parties: 1.

Right to relief arises out of the same transaction or series of transactions, whether jointly, severally, or in the alternative;

2.

There is a question of law or fact common to all the plaintiffs and defendants;

3.

Such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction and venue.

4. Requisites of a Class Suit: 1.

Subject matter of the controversy is one of common or general interest to many persons;

2.

Parties affected are so numerous that it is impracticable to bring them all to the court;

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3.

Parties bringing the class suit are sufficiently numerous or representative of the class and have the legal capacity to file the action.

5. Transfer of Interest * Action may be continued by or against the original party, unless the court, on motion, directs the transferee to be substituted in the action or joined with the original party; however, if transfer is made before commencement of the action, the transferee must necessarily be the party, since only he is the real party in interest. Rule 4 Venue Of Actions * Uniform rule on venue in RTC and MTC 1. Venue of real actions – in the proper court which has jurisdiction over the area wherein real property involved or a portion thereof is situated. 2. Venue for forcible entry and detainer actions – in the MTC of the municipality or city wherein the real property or a portion thereof is situated. 3. Venue of personal actions – where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff. NOTE:

“residence” means place where party actually resides at time of action; does NOT mean permanent home or domicile.

4. Action against non-resident not found in the Philippines 1.

Action Affects the Plaintiff’s Personal Status – in the court of the place where the plaintiff resides.

2.

Action Affects Any Property of the Defendant in the Philippines – where the property or any portion thereof is situated or found.

5. Rules on Venue shall NOT apply: 1.

In those case where a specific rule or law provides otherwise (e.g., civil case for damages in cases of libel, where Article 360 of RPC provides specific rules on venue); OR

2.

Where the parties have validly agreed IN WRITING before the filing of the action on the EXCLUSIVE venue thereof.

* In this instance, the action can only be filed in the place agreed upon even if the other place is the place of residence of the parties or the location of the real property involved. Rule 5 Uniform Procedure in Trial Courts 1. The procedure in the MTCs shall be the same as that in the RTC. 2. Uniform Procedure shall NOT be applicable: 1.

Where a particular provision expressly or impliedly applies only to either of said courts.

2.

In civil cases governed by the Rule on Summary Procedure. Rule 6 Kinds of Pleadings

1. Negative Defense – specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause of action. 2. Affirmative defense – an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. Includes: 1.

Fraud

2.

Statute of limitations

3.

Release

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4.

Payment

5.

Illegality

6.

Statue of frauds

7.

Estoppel

8.

Former recovery

9.

Discharge in bankruptcy

10.

Any other matter by way of confession or avoidance.

3. Compulsory counterclaim – Requisites: 1.

Arises out of or is necessarily connected with the transaction or occurrence which is the subject matter of the opposing party’s claim;

2.

Does not require for its adjudication the presence of 3rd parties of whom the court cannot acquire jurisdiction; and

3.

Must be within the jurisdiction of the court both as to the nature and the amount, except that in an ORIGINAL action in the RTC, the counterclaim may be considered regardless of the amount.

* Agustin vs. Bacalang A court (if MTC) has no jurisdiction to hear and determine a set-off or counterclaim in excess of its jurisdiction. A counterclaim beyond the court’s jurisdiction may only be pleaded by way of defense, the purpose of which is to defeat or weaken the plaintiff’s claim, but NOT to obtain affirmative relief. MOREOVER, the amount of judgment obtained by the defendant on appeal cannot exceed the jurisdiction of the court in which the action began. Since the trial court did not acquire jurisdiction over the counterclaim in excess of the jurisdictional amount, the appellate court likewise did not have jurisdiction over the same. In such a case, the award in excess of the jurisdiction of the trial court is void. * Calo vs. Ajax A counterclaim, even if otherwise compulsory, but amount exceeds the jurisdiction of the inferior court, will only be considered permissive. Hence, fact that it is not set-up in the inferior court will not bar plaintiff from instituting a separate action to prosecute it. Rule 7 Parts of a Pleading 1.

1.

Formal Requirements of Pleadings:

2.

2.

Signature of the lawyer constitutes a certification by him that:

1.

Caption

2.

Title

3.

Body divided into headings and paragraphs

4.

Body divided into headings and paragraphs

5.

Signature and address

6.

Verification in some cases

1.

He has read pleading

2.

To the best of his knowledge, information, and belief, there is good ground to support it

3.

It is not interposed for delay.

3. How a Pleading is Verified: By an affidavit stating that 1.

Affiant (person verifying) has read the pleading

2.

Allegations therein are true and correct as of his personal knowledge or based on authentic records. (SC Circular 482000, effective May 1, 2000)

4. A pleading required to be verified which: 1.

Contains a verification based on “information and belief”, OR

2.

Contains a verification based on “knowledge, information and belief,” OR

3.

Lacks a proper verification

*Shall be treated as an unsigned pleading.

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1.

5.

1.

Petition for relief from judgment (38.3)

2.

Appeal by certiorari from CA to SC (45.1)

3.

Complaint with prayer for preliminary attachment (57. 3)

4.

Complaint for injunction (58.4)

5.

Complaint for replevin (60.2)

6.

Petition for certiorari (65.1)

7.

Petition for prohibition (65.2)

8.

Petition for mandamus (65.3)

9.

Complaint for forcible entry or unlawful detainer (70.4)

10.

Petition for appointment of general guardian (93.2)

11.

Petition for leave to sell or encumber property of estate or guardian (95.1)

12.

Petition for declaration of competency of the ward (97.1)

13.

Petition for habeas corpus (102.3)

14.

Petition for change of name (103.2)

15.

Petition for voluntary dissolution of a corporation (104.1)

16.

Petition for cancellation or correction of entries in the civil registry (108.1)

17.

Petition to take deposition in perpetuam rei memoriam (before action or pending appeal) (24.2)

18.

Motion to set aside a default order of an inferior court

19.

What pleadings have to be verified:

Motion for dissolution of preliminary injunction on the ground of irreparable damage to the movant while the adverse party can be fully compensated

20. 21.

Petition for appointment of receiver Petition for review of the decision of an RTC in cases within the exclusive original jurisdiction of the inferior court, by and elevated to the CA.

22.

Pleadings that need not be verified but must be under oath:

23.

Denial of the genuineness and due execution of an actionable document (8.8)

24.

Denial of allegations of usury (8.11)

25.

Answer to written interrogatories (25.2)

26.

Answer to request for admission (26.2)

27.

Notice of appeal from administrative tribunals to the CA

6. Supporting affidavits of merit required: 1.

Motion to postpone for absence of evidence (30.3)

2.

Motion to postpone for illness of a party or counsel (30.4)

3.

Motion for summary judgment or opposition thereto (35.1,2,3,5)

4.

Motion for new trial on the ground of FAME or opposition thereto (37.2)

5.

Petition for relief from judgment (38.3)

6.

Third-party claim (39.16)

7.

Proof required of a redemptioner (39.30)

8.

Motion for preliminary attachment (57.3)

9.

Motion for dissolution of preliminary injunction (58.6)

10.

Application for writ of replevin (60.2)

11.

Claim against the estate of the decedent (86.9)

12.

Motion for new trial based on newly discovered evidence in criminal cases (121.4)

7. Certification against Forum-Shopping: Plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading or in a sworn certification annexed and filed therewith: 1.

That he has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasijudicial agency; to the best of his knowledge no such other claim or action pending;

2. 3.

If there is such other pending action, a complete statement of the present status thereof; If he should thereafter learn that same or similar action or claim is filed or pending, he shall report the same within 5 days therefrom to the court where he filed his complaint.

NOTE: FAILURE TO COMPLY NOT CURABLE BY MERE AMENDMENT OF THE COMPLAINT OR PLEADING BUT SHALL BE CAUSE FOR DISMISSAL OF THE CASE WITHOUT PREJUDICE; IF THE ACTS OF PARTY OR COUNSEL CLEARLY

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CONSTITUTE WILLFUL & DELIBERATE FORUM SHOPPING, GROUND FOR SUMMARY DISMISSAL WITH PREJUDICE AND CONSTITUTE DIRECT CONTEMPT. * For Forum-Shopping to exist, there must be: 1.

Same transactions involved; 1.

Same essential facts and circumstances; and

2.

Actions raise identical cause of action, subject matter, and issues. Rule 8 Manner of Making Allegations in Pleadings

1. Allegations of capacity 1.

Capacity of party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association that is made a party must be averred;

2.

To raise an issue as to the legal existence of a party or the capacity of a party in a representative capacity, do so by specific denial, including such supporting particulars as are peculiarly within the pleader’s knowledge.

2. Action or defense based on document 1.

Substance of such document set forth in the pleading;

2.

Original or copy attached to the pleading as exhibit and deemed to be part of the pleading; OR

3.

Copy may be set forth in the pleading with like effect.

1.

3.

How to contest actionable document: Genuineness and due execution of instrument deemed admitted unless

adverse party: 1.

Specifically denies them under oath;

2.

Sets forth what he claims to be the facts.

* Requirement of an oath does NOT apply: 1.

When diverse party does not appear to be a party to the instrument; or

2.

When compliance with an order for an inspection of the original instrument is refused.

* Admission of genuineness and due execution: 1.

Party whose signature appears admits that he signed it, or that it was signed by another with his authority

2.

Was in words and figures as set out at the time it was signed

3.

Document was delivered

4.

Any formal requisites required by law which it lacks are waived by him

* The following defenses are cut-off by admission of genuineness and due execution of the document: 1.

Signature is a forgery

2.

Signature is unauthorized

3.

Corporation is not authorized under its charter to sign the instrument 1.

Party charged signed the instrument in some other capacity than that alleged in the pleading setting it out

2.

Document was never delivered.

3.

Specific Denial

1.

Defendant must specify each material allegation of fact the truth of which he does not admit;

2.

Defendant must set forth the substance of the matters upon which he relies to support his denial, whenever practicable;

3.

If denying only part of an averment, he shall specify so much of it as is true and material and shall deny the remainder;

4.

If defendant does not have knowledge or information sufficient to form a belief as to the truth of a material averment, he shall so state and this has effect of denial.

* Negative pregnant – a denial which at the same time involves an admission of the substantial facts in the pleading responded to.

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5. Allegations not specifically denied, other than those as to amount of unliquidated damages deemed admitted. Rule 9 Effect of Failure to Plead 1. General Rule: Defenses and objections not pleaded in answer or motion to dismiss are deemed waived (Omnibus Motion Rule). Exception: Court shall dismiss the claim, even without allegation in answer or motion to dismiss, if any of the following appear from the pleadings or the evidence on record: 1.

Lack of jurisdiction over the subject matter;

2.

Litis pendentia between same parties for the same cause;

3.

Res judicata

4.

Action barred by statute of limitations. 1.2 Declaration of Default

1.

Defendant entitled to notice of motion to declare him in default and of order of default;

2.

Motion to set aside order of default may be filed after notice and before judgment;

3.

Party may make motion, under oath, to set aside order of default upon proper showing that failure to answer was due to FAME;

4.

Effect of order of default – party in default entitled to notice of subsequent proceedings but not to take part in trial;

5.

Partial default – if several defending parties and not all in default, the court shall try the case against all upon the answers thus filed and evidence presented;

6.

After declaration of default, court may render judgment on the basis of the complaint or require claimant to submit evidence;

7.

Judgment against party in default shall not exceed the amount or differ in kind from that prayed for nor award unliquidated damages;

8.

No defaults in action for annulment or declaration of nullity of marriage or for legal separation. Rule 10 Amended and Supplemental Pleadings

1. Amendments of pleadings may be made once as a matter of right: 1.

At any time before responsive pleading is served

2.

In the case of a reply, anytime within 10 days after service.

* Plaintiff may amend complaint as a matter of right even after defendant files a Motion to Dismiss, since the same is not a “responsive pleading.” 1.

2.

Substantial amendments may be made only with leave of court, except as provided above.

2.

3.

An amended pleading supersedes the pleading that it amends but admissions in superseded pleadings may be

received in evidence against the pleader. (NOT judicial admissions anymore; thus, must be formally offered) 3. 4.

4.

Claims and defenses alleged in original but not incorporated in the amended pleading shall be deemed waived.

Amended and Supplemental pleadings distinguished:

Amended

Supplemental

Refers to facts existing at the time of the commencement of the action

Refers to facts arising after the filing of the original pleading

Results in the withdrawal of the original pleading

Merely an addition, and does NOT result in the withdrawal of, the original pleading

Can sometimes be made as a matter of right

Always filed with leave of court

Civil Procedure – Rules 11-20

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Rule 11 When to File Responsive Pleadings 1. 2.

Answer to complaint – 15 days from service, unless different period fixed by the courts; Answer of defendant foreign private juridical entity – when service of summons is made on the government official designated by law, answer to be filed within 30 days from receipt of summons by such entity.

3.

Answer to amended complaint – if amended as a matter of right, 15 days from being served with copy thereof

* If amended not as a matter of right, 10 days from notice of order admitting the same * Answer earlier filed may be answer to amended complaint, if no new answer is filed * Applicable to amended counterclaim, cross, third, etc, 1.

Answer to counterclaim or cross-claim – within 10 days from service.

2.

Answer to 3rd party complaint – 15 days from service

3.

Reply – may be filed within 10 days from service of the pleading responded to.

1.

Bill of particulars

1.

Period of filing motion – before responding to a pleading; if pleading is a reply, within 10 days from service thereof;

2.

Order for bill must be complied with in 10 days from notice OR period fixed by court

3.

After service of bill or denial of motion – party has balance of time he was entitled to file responsive pleading, but not

Rule 12 Bill of Particulars

less than 5 days * Motion for Bill of Particulars may NOT call for matters which form part of the proof of the complaint. Thus, motion should not be granted if the complaint, while not very definite, nonetheless already states a sufficient cause of action. Rule 13 Filing and Service of Pleadings, Judgments and Other Papers 1.

Kinds of service of pleadings:

1.

Personal service – to be done whenever practicable (Most preferred mode)

2.

Service by mail (ordinary if no registered mail)

3.

Substituted service (delivering copy to clerk of court with proof of failure of 1st 2 modes)

* Except with respect to papers emanating from the court, a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. * Violation of rule may be cause to consider the paper as not filed. 1.

2.

1.

Personal

Kinds of service of final orders:

2.

Registered mail

3.

Publication (if summons by publication)

3. Proof of personal service 1.

Written admission of party served;

2.

Official return of the server; or

3.

Affidavit of party serving, containing a full statement of the date, place and manner of service.

1.

1.

Contents of summons

2.

2.

Kinds of service of summons:

3.

Handing a copy to the defendant in person; OR

Rule 14 Summons

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1.

If he refuses to receive and sign for it, by tendering it to him

2.

Substituted: 1.

Leave copies at his residence, with person of suitable age and discretion residing therein; OR

2.

Leave copies at defendant’s office/regular place of business, with competent person in charge thereof.

3.

By whom served:

4.

When extraterritorial service allowed:

5.

Kinds of extra territorial service

6.

When service by publication in a newspaper of general publication allowed:

1.

Signed by the clerk under the seal of the court

2.

Name of the court and that parties to the action

3.

Direction that the defendant answer within the time fixed by these rules

4.

Notice that unless defendant so answers, plaintiff will take judgment by default

1.

Personal:

3.

By publication

1.

Sheriff

2.

Other proper court officer

3.

Any suitable person specially authorized by the judge

1.

Defendant is a non-resident and is not found in the Philippines and action affects plaintiff’s personal status

2.

Subject of action is property within the Philippines in which the defendant has or claims a lien or interest

3.

Where relief demanded consists in whole or in part in excluding the defendant from any interest in such property

4.

When property of defendant has been attached within the Philippines

1.

Personal service

2.

Publication and summons sent by registered mail to last known address

3.

Any other matter the court may deem sufficient

1.

Identity of defendant unknown

2.

Whereabouts of defendant unknown and cannot be ascertained by diligent inquiry

* (a) and (b), applies to ANY action, even actions in personam

3. 4.

Defendant is non-resident and the suit is quasi in rem

1.

Service upon private domestic juridical entity – refers to corporation, partnership, or association organized under Phil.

Defendant is temporarily out of the country and the suit is quasi in rem

Laws with a juridical personality: 2.

Service upon private foreign juridical entity transacting business in the Phils:

1.

President

2.

Managing partner

3.

General manager

4.

Corporate secretary

5.

Treasurer

6.

In-house counsel

1.

Resident agent designated in accord with Law

2.

If no such agent, on government official designated by law OR

3.

On any of its officers or agents within the Phils

NOTE: IF NO RESIDENT AGENT, SERVICE OF SUMMONSES AND PROCESSES ON THE SEC. 1.

9.

1.

Published for the dissemination of local news and general information

Newspaper of general circulation (RA 4883, PD 1079)

2.

Has a bona fide subscription list of subscribers

3.

Published at regular intervals

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4.

Not published for nor devoted to the interest of a particular group of persons

5.

Must have been regularly published for at least 2 years before the date of the publication in question.

* Mere filing of an answer per se should not be automatically treated as a voluntary appearance by the defendant for the purpose of sumons. It should be noted that when the appearance of the defendant is precisely to object to the jurisdiction of the court over his person, it cannot be considered as an appearance in court. Rule 15 Motions 1.

1.

All motions must be in writing except:

2.

2.

Exceptions to the three-day notice rule:

1.

Those made in open court; OR

2.

Those made in the course of a hearing or trial.

1.

Ex parte motion

2.

Urgent motion

3.

When court sets hearing on shorter notice for good cause

4.

Motion for summary judgment (must be served at least 10 days before the hearing)

*

A prudent judge would, in the absence of the opposing party in the hearing of a motion, inquire from the other party or

inquire from the records the proof of the service of notice rather than proceed with the hearing. He should not rely on a party’s undertaking to notify the adverse party of a scheduled hearing. The judge must demand what the rule requires, i.e., proof of such notice on the adverse party. Otherwise, a contentious motion should be considered a mere scrap of paper which should not have even been received for filing. * Subsequent service of the motion on the adverse party may be considered substantial compliance with the Rule 15, § 6. Failure to attach to the motion proof of service thereof to the adverse party is not fatal when the adverse party had actually received a copy of the motion and was in fact present in court when the motion was heard. Rule 16 Motion to Dismiss 1.

1.

Motion to Dismiss must be filed within the time for and before the filing of an answer to complaint.

2.

2.

Grounds for motion to dismiss:

1.

Court has no jurisdiction over the person of the defendant- unlike old rule, inclusion in motion to dismiss of other grounds aside from lack of jurisdiction over the person does NOT constitute a waiver of the said ground or voluntary appearance;

2.

Court has no jurisdiction over the subject matter of the claim;

3.

Venue is improperly laid;

4.

Plaintiff has no legal capacity to sue;

5.

There is another action pending between the same parties for the same cause;

* Requisites of litis pendentia: 1.

Identity of parties/interest

2.

Identity of rights asserted and prayed for/relief founded on the same facts;

3.

Identity of the 2 cases (such that judgment in one would amount to res judicata in the other)

6.

Cause of action is barred by a prior judgment or by statute of limitations;

* Requisites of res judicata: 1.

Final judgment or order

2.

Rendered by court of competent jurisdiction

3.

On the merits (even without trial, such as cases decided by Judgment on the Pleadings, Summary Judgment, or dismissed for failure to prosecute or for refusal to obey an order of the court)

4.

Identity of the parties

7.

Pleading asserting claim states no cause of action;

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8.

Claim or demand in the plaintiff’s pleading has been paid, waived, abandoned, extinguished;

9.

Claim on which action is founded is unenforceable under the statute of frauds;

10.

Condition precedent for filing has not been complied with (this includes prior recourse to barangay conciliation, or failure to make attempts to reach a compromise in cases between members of the same family)

* The court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable. 3. Actions that court may take on a Motion to Dismiss: 1.

Grant it – remedy: appeal

2.

Deny – NOT appealable; but may avail of certiorari, prohibition and mandamus

3.

Order amendment of the pleading

4. If denied, defendant must file answer within the balance of the 15-day period, but not less than 5 days from the time he received notice of the denial; 5. Subject to the right to appeal, dismissal based on the following grounds will be bar to refiling: 1.

a.

2.

Extinguishment of claim or demand

Res judicata

3.

Prescription

4.

Unenforceability under the Statute of Frauds

6. The dismissal of the complaint shall be without prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the answer. * A motion to dismiss on the ground of failure to state a cause of action in the complaint must hypothetically admit the truth of the facts alleged in the complaint. The admission, however, is limited only to all material and relevant facts which are well pleaded in the complaint. The demurrer does not admit the truth of mere epithets charging fraud; nor allegations of legal conclusions; nor an erroneous statement of law; nor matters of evidence; nor to legally impossible facts. Rule 17 Dismissal of Actions 1.

Dismissal by the plaintiff

1.

Notice of dismissal any time before service of the answer or a motion for summary judgment;

* Dismissal is without prejudice EXCEPT on 2nd notice of dismissal, which operates as adjudication on the merits when filed by same plaintiff who has once dismissed an action based on or including said claim. 1.

If answer or motion for summary judgment already served, dismissal by a Motion for Dismissal, which shall require approval of the court; shall be without prejudice unless otherwise specified by the court

* If counterclaim has been pleaded by a defendant prior to the service upon him of plaintiff’s motion to dismiss, dismissal is limited to the complaint; dismissal is without prejudice to defendant’s right to prosecute counterclaim in a separate action or, if he makes a manifestation within 15 days from notice of the motion, to prosecute CC in same action. 1.

Dismissal due to plaintiff’s fault – the following must be without justifiable cause

1.

If plaintiff fails to appear on the date of presentation of his evidence in chief;

2.

Plaintiff fails to prosecute claim for an unreasonable length of time

3.

Plaintiff fails to comply with the Rules of Court or any order of the court

* Complaint may be dismissed upon defendant’s motion or motu proprio. * Unless otherwise declared by the court, dismissal has effect of adjudication upon the merits. RULE ON SEVERANCE OF COMPULSORY CC: Dismissal of principal action upon plaintiff’s motion or due to plaintiff’s fault does not necessarily carry with it the dismissal of the compulsory CC; defendant is also given option to prosecute the same in same or separate action.

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1.

3.

Dismissal of counterclaim, cross-claim, or 3rd-party complaint – must be made by claimant before a responsive

pleading or a motion for summary judgment is served, or if there is none, before the introduction of evidence. Rule 18 Pre-Trial 1. What to consider in pre-trial (with notice to counsel or party without counsel) 1.

Possibility of amicable settlement or arbitration

2.

Simplification of the issues

3.

Amendments to the pleadings

4.

Stipulations or admissions of facts and documents

5.

Limitation of number of witnesses

6.

Preliminary reference of issues to a commissioner

7.

Propriety of judgment on the pleadings, summary judgments, or dismissal of action

8.

Other matters for the prompt disposition of the action

1.

It is the duty of the plaintiff to move ex parte for the setting of the case for pre-trial. However, if plaintiff answers the defendant’s counterclaim, it will be the latter’s duty to set the pre-trial.

2.

Failure of plaintiff to appear shall be cause for dismissal of the action. Non-appearance of defendant is cause to allow plaintiff to present evidence ex parte and the court to render judgment on basis thereof.

3.

Non-appearance of party excused only if: 1.

Must file pre-trial brief so as to ensure that other party receives it at least 3 days before pre-trial. Failure to file brief has same effects as failure to appear at pre-trial.

2.

Proceedings recorded, and court shall issue an order reciting in detail matters taken up.

1.

A valid cause is shown therefor OR

2.

If representative shall appear in his behalf 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 of documents, Rule 19 Intervention

1.

1.

Grounds for intervention

2.

2.

Motion may be filed at any time before rendition of judgment.

1.

Answer to complaint-in-intervention must be filed within 15 days from notice of court admitting the complaint.

2.

Motion for intervention will be granted if it will not unduly delay or prejudice adjudication of rights or original parties and if the intervenor’s rights may be fully protected in separate proceedings.

3.

Complaint in intervention is merely collateral to the principal action. Hence, it will be dismissed if main action is dismissed.

4.

A complaint in intervention that seeks affirmative relief prevents a plaintiff from taking a voluntary dismissal of the main action. Such a case is not subject to dismissal upon intervenor’s petition showing him to be entitled to affirmative relief. The petition will be preserved and heard regardless of the disposition of the main action.

1.

Legal interest in the matter in litigation

2.

Interest in the success of either or both parties or interest against both

3.

Party is so situated as to be adversely affected by the distribution of the court

4.

Disposition of property in the custody of the court or of an officer thereof. Rule 20 Calendar of Cases

1. Calendar of cases to be kept by clerk of court for cases set for pre-trial, trial, those whose trials adjourned or postponed and those with motions set for hearings. 1.

2.

Preference given to habeas corpus, election cases, special civil actions and those so required by law.

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