1.

Define trial [1] It is a judicial process of investigating and determining the legal
controversies starting with the production of evidence by the plaintiff and ending with his
closing arguments (Riano, Civil Procedure: A Restatement for the Bar, p. 394, 2009 ed.)
TRIAL is an examination before a competent tribunal of the facts or law put in issue in a
case, for the purpose of determining such issue. (Ballentines Law Dict., 2nd Ed., p. 1299)
2. Distinguish trial from hearing.[2]

Trial

Hearing

Reception of evidence and other processes.

Not confined in trial but embraces

several stages of litigation, including
the pre-trial stage.

The period for the introduction of evidence by

both parties.

Does
not
necessarily
imply
presentation of evidence in open court
but the parties are afforded the
opportunity to be heard.

3. What is the order of trial in civil actions?[3] a. Plaintiff shall adduce evidence in support
of his complaint; b. Defendant shall then adduce evidence in support of his defense,
counterclaim, cross-claim and third party complaint; c. Third party defendant, if any, shall
adduce evidence of his defense, counterclaim, cross-claim and fourth-party complaint; d.
Fourth party, and so forth, if any, shall adduce evidence of the material facts pleaded by
them; e. Parties against whom any counterclaim or cross-claim has been pleaded, shall
adduce evidence in support of their defense, in the order to be prescribed by the court; f.
Parties may then respectively adduce rebutting evidence only, unless the court, for good
reasons and in the furtherance of justice, permits them to adduce evidence upon their
original case; g. Upon admission of the evidence, the case shall be deemed submitted for
decision, unless the court directs the parties to argue or to submit their respective
memoranda or any further pleadings.
4. What is rebuttal evidence?[4] The function of the rebuttal evidence is to explain, repel,
counteract, or disprove the evidence of the adversary
5. May judgment be rendered upon a stipulation of facts?[5] Yes, judgment based on
stipulation of facts is encouraged by law where the parties submitted for decision of the

court in accordance on their compromise agreement. The court cannot impose upon the
parties a judgment different from their compromise agreement.
6. Give the rule regarding reception of evidence.[6] The judge of the court where the case is
pending shall personally receive the evidence to be adduced by the parties. Reception of
the evidence may nevertheless be delegated to the clerk of court who is a member of the
bar, in any of the following cases: (a) in default hearings; (b) in ex parte hearings; or (c)
in any case by written agreement of the parties (Sec. 9, Rule 30, Rules of Court).
7. What are the exceptions to the rule that is the presiding judge who shall personally
receive the evidence?[7] The reception of evidence may be delegated to the Clerk of
Court, under the following conditions: 1. The delegation may be made only in defaults or
ex parte hearings, and in any case where the parties agree in writing; 2. The reception of
evidence shall be made only by the clerk of that court who is a member of the bar; 3.
Said clerk shall have no power to rule on objections to any question or to admission of
evidence or exhibits; and 4. He shall submit his report and transcripts of the proceedings,
together with the objections to be resolved by the court, within 10 days from the
termination of the hearing (Sec. 9, Rule 30).
8. Does the clerk of court have the power to rule on objections to any question or to the
admission of exhibits?[8] Explain. The clerk of court cannot rule on objections or on the
admissibility of evidence.
9. In a hearing on a motion to dismiss, may the judge delegate the reception of evidence
to the clerk of court?[9] Explain.

10. Define consolidation of actions.[10] 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.
11. When may a court order the joint hearing, trial, or consolidation of cases?[11]Explain.
Consolidation is proper: 1.) when two or more actions involve the same or a common
question of law or fact; and 2.) the said actions (at least 2) are pending before the same
court. (Section 1, Rule 31; PAL vs. Teodoro, 97 Phil. 461) 3.) if filed with different
courts, an authorization from the Supreme Court is necessary.

12. When may a court order a separate trial?[12] If 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.
13. On different dates in January 1996, three radio commentators announced on radio that P
was a drug lord. P wanted to sue the radio commentators for libel. (a) May P file a
complaint wherein he joins his causes of action for libel against the three radio
commentators?[13] Explain. (b) Assume that P decides to file separate cases for libel
against the radio commentators. May P subsequently move for a joint trial or for
consolidation of the cases?[14] Explain.

14. When may a case be referred by the trial court to a commissioner?[15]Enumerate. If the
consent of the parties are not given, the case may be referred to a trial commissioner on
the following: 1. When the trial of an issue of fact requires the examination of a long
account on either side; 2. When the taking of an account is necessary for the
information of the court before judgment; 3. When a question of fact, other than upon
the pleadings, arises upon motion or otherwise, in any stage of a case; or 4. For carrying
a judgment or order into effect (Sec. 2, Rule 32).
15. What are the powers of the commissioner?[16] 1. Power to regulate the proceedings in
every hearing before him; 2. Do all acts and take all measures necessary or proper for
the efficient performance of his duties under the order of reference; 3. Issue subpoenas
ad testificandum and duces tecum; 4. Swear witnesses; and 5. Rule upon the
admissibility of evidence (Sec.3, Rule 32).
16. What is the effect if a witness refuses to obey a subpoena issued by the commissioner or
to give evidence before him?[17] The commissioner may proceed ex parte or, in his
discretion, adjourn the proceedings to a future day, giving notice to the absent party or
his counsel of the adjournment (Sec.6, Rule 32)
17. Upon the completion of the trial or hearing or proceeding before the commissioner, what
shall he do?[18] Upon completion of the trial or hearing or proceeding before the
commissioner, he shall file with the court his report in writing upon the matters
submitted to him by the order of reference. When his powers are not specified or
limited, he shall set forth his findings of fact and conclusions or law in his report. He
shall attach in his report all exhibits, affidavits, depositions, papers and the transcript, if
any, of the evidence presented before him (Sec. 9).

18. What shall the court do with the report?[19] In the hearing to be conducted on the
commissioners report, the court will review only so much as may be drawn in question
by proper objections. It is not expected to rehear the case upon the entire record (Kreidt
vs. McCullough and Co., 37 Phi. 474).
19. What is demurrer to evidence?[20] It is a motion to dismiss based on the ground of
insufficiency of evidence and is presented after the plaintiff rests his case (Regalado, Vol.
I, p. 391, 2005 ed.). The aim of this rule is to discourage prolonged litigation.
20. What risk does the defendant take when he files a demurrer to evidence?[21]

21. Distinguish the effects of the filing of a demurrer to evidence in a criminal case and its
filing in a civil case.[22]

Civil Case

Criminal Case

Not required

With or Without

If granted

The Plaintiff may appeal from the

order of dismissal of the case

The Plaintiff cannot make an

appeal from the order of
dismissal
due
to
the
constitutional
prohibition
against double jeopardy

If denied

The Defendant may

adduce his evidence

Leave of Court

proceed

to

The Defendant may adduce

his evidence only if the
demurrer is filed with leave
of court.

If there was no leave of

court, accused can no longer
present his evidence and
submits the case for decision
based on the prosecutions
evidence

If the plaintiff
appeals
from
the order of
dismissal

If the court finds plaintiffs evidence

insufficient, it will grant the demurrer
by dismissing the complaint. The
judgment of dismissal is appealable
by the plaintiff. If plaintiff appeals and
judgment is reversed by the appellate
court, it will decide the case on the
basis of the plaintiffs evidence with
the consequence that the defendant
already loses his right to present
evidence. No res judicata in dismissal
due to demurrer

If the court finds the

prosecutions
evidence
insufficient, it will grant the
demurrer
by
rendering
judgment
acquitting
the
accused.
Judgment
of
acquittal is not appealable;
double jeopardy sets in

How
demurrer
denied?

The plaintiff files a motion to deny

motion to demurrer to evidence.

The court may motu proprio

deny the motion.

can
be

22. P filed a case against D. D filed a demurrer to evidence. It was granted. On appeal, the
CA reversed the trial courts order granting the demurrer to evidence. The CA ordered
the remand of the case to the trial court for further proceedings. Was the CA correct?
[23] Explain.

23. What is judgment on the pleadings?[24] Proper when an answer fails to tender an issue
because of a general or insufficient denial of the material allegations of the complaint or
when the answer admits the material allegations of the adverse party's pleading. (Rule
34)

24. When may the court render judgment on the pleadings?[25] Enumerate. 1. It will come
into operation when an answer is served and filed but the same fails to tender an issue
or admits the material allegations of the adverse partys pleading (Sec. 1); 2. An answer
fails to tender an issue when the material allegations of the other party are admitted or
not specifically denied by the pleader. Under the rules, material allegations of the
complaint are deemed admitted (sec. 11 R 8); 3. When there is no answer, the proper
remedy for the plaintiff is to file a motion to declare defendant in default.
25. C motors filed a complaint for sum of money against Y. A copy of the promissory note
upon which the action was based was attached to the complaint. The complaint alleges
that Y defaulted in the payment of the note. Y filed an answer in which he admits the
paragraph regarding his personal circumstances but specifically denies the rest of the
allegations for want of knowledge or information sufficient to form a belief as to the
truth thereof. C moved for a judgment on the pleadings in its favor. Should the trial
court grant the motion?[26] Explain.

26. What are the instances wherein a judgment on the pleadings is not allowed?[27]
Judgment on the pleadings does not apply: 1.) in actions for declaration of nullity or
annulment of marriage; or 2.) in actions for legal separation; 3.) when the issue is the
amount of unliquidated damages because there must always be evidence to prove such
amount (Rule 8, Section 11); 4.) when only conclusions of law are being alleged.
27. D promised to sell a parcel of land to P for P1m and P accepted Ds promise. Later on D
advised P that he was no longer interested in selling the land to P. P filed a complaint for
specific performance against D to compel the latter to sell the land. D filed an answer in
which he admits that he promised to sell the land to P and that P had accepted his
promise but alleges that the promise was not supported by any consideration. P and D
jointly moved for a judgment on the pleadings. The trial court rendered judgment
dismissing the complaint stating that the accepted unilateral promise to sell is not
binding upon the promissory since it was not supported by any distinct consideration. On
appeal may P contend that the trial court erred in finding that there was no distinct
consideration since cause it presumed in a contract? [28]

28. May a court render a judgment on the pleadings motu proprio?[29] Judgment must be
on motion of the claimant. It cannot be rendered by the court motu proprio.
29. What is a summary judgment?[30] A summary judgment or accelerated judgment is a
procedural technique to promptly dispose of cases where the facts appear undisputed
and certain from the pleadings, depositions, admissions and affidavits on record, of for
weeding out sham claims or defenses at an early stage of the litigation to avoid the
expense and loss of time involved in a trial. Its object is to separate what is formal or
pretended denial or averment from what is genuine and substantial so that only the
latter may subject a party-in-interest to the burden of trial. Moreover, said summary
judgment must be premised on the absence of any other triable genuine issues of fact.
Otherwise, the movants cannot be allowed to obtain immediate relief. A genuine issue is
such issue of fact which requires presentation of evidence as distinguished from a sham,
fictitious, contrived or false claim (Monterey Foods Corp. vs. Eserjose, GR 153126, Sept.
11, 2003).
30. In what actions is summary judgment proper?[31] 1. In an action for foreclosure of
mortgage for example, the material issues are the existence of the debt and its
demandability. When the defendant admits the existence of the debt and raises an issue
as to the demandability of the debt or the interest rate involved because of an alleged
contemporaneous agreement between the parties, the issue tendered is sham, fictitious,
or patently unsubstantial. A summary judgment would be proper because there is no
genuine issue (Sps. Agbada vs. Inter-Urban Developers Inc., supra); 2. In an action for
a sum of money, where the debt and the fact of its non-payment is admitted and the
only issue raised is the rate of interest and the damages payable, there is no genuine
issue and a summary judgment may be rendered upon proper motion.
31. When may a claimant move for summary judgment?[32]

32. Give an example where a claimant may move for a summary judgment.[33]

33. May a defendant move a summary judgment in his favor? If so, when?[34]

34. Distinguish a judgment on the pleadings from a summary judgment. [35]

Judgment on the pleadings

Summary Judgments

Answer

Answer does not tender an issue

There is an issue tendered in

the answer, but it is not
genuine or real issue as may
be shown by affidavits and
depositions that there is no
real issue and that the party
is entitled to judgment as a
matter of right

Notice

Movants must give a 3-day notice

of hearing

Opposing party is given 10

days notice

Termination

Entire case may be terminated

May only be partial

Who can file

Only
the
plaintiff
or
defendants
as
far
as
counterclaim,
cross-claim
third-party
complaint
concerned can file the same

the
the
or
is

Either the plaintiff or the

defendant may file it

Basis of judgment

Based only on the pleadings

alone, hence, only on the
complaint and the answer

Based on the pleadings,

affidavits, depositions, and
admissions

35. May a party introduce exhibits in support of the motion for summary judgment?[36] No,
because the basis of judgment is based on pleadings, affidavits, depositions and
admissions of material facts.

36. May a partial summary judgment be appealed separately from the judgment in the
entire case?[37]
37. Define judgment.[38] A judgment is the foundation of a writ of execution. It is a decision
is directly prepared by a judge and signed by him, containing clearly and distinctly a
statement of the facts proved and the law upon which the judgment is based (Etoya v.
Abraham Singson, Adm. Matter No. RTJ-91-758, September 26, 1994)
38. What are the essential requisites of a valid judgment?[39] 1. Authority of the court to
hear and determine the case; 2. Jurisdiction over the parties and the subject matter;
3. The parties must have been given an opportunity to adduce evidence; 4. The
evidence must have been considered by the tribunal in deciding the case; 5. The
judgment must be in writing, personally and directly prepared by the judge; 6. The
judgment must state clearly the facts and the law on which it is based, signed by the
judge and filed with the clerk of court.
NOTE: Only for decisions and final orders on merits and does not apply to those resolved
through incidental matters.
39. What are the requirements for the rendition of a judgment or final order?[40] There are
four (4) formal requisites: 1.) The judgment shall be in writing; 2.) It shall be personally
and directly prepared by the judge; 3.) It shall state clearly and distinctly the facts and
the law on which it is based; and 4.) It shall be signed by the judge and filed with the
clerk of court.
40. What is a sin perjucio judgment?[41] Judgment without a statement of the facts in
support of its conclusion to be later supplemented by the final judgment. This is not
allowed.
41. What is a nunc pro tunc judgment or order?[42] Judgment nunc pro tunc (Now for then)
A judgment intended to enter into the record the acts which had already been done,
but which do not appear in the records. Its only function is to record some act of the
court which was done at a former time, but which was not then recorded, in order to
make the record speak the truth, without any changes in substance or any material
respect.
42. What is meant by entry of judgment and final orders?[43] The entry of judgment refers
to the physical act performed by the clerk of court in entering the dispositive portion of
the judgment in the book of entries of judgment and after the same has become final
and executory. The record shall contain the dispositive portion of the judgment or final
order and shall be signed by the clerk of court, with a certificate by said clerk that the
judgment has already become final and executory (Sec. 2, Rule 36)

43. What is the importance of the date of entry?[44] The date of entry of the judgment finds
relevance when the judgment is to be executed or when later on a litigant files a petition
for relief from judgment.
44. What is a several judgment?[45] Several judgment (Sec. 4, Rule 36) It is one
rendered by a court against one or more defendants and not against all of them, leaving
the action to proceed against the others.
45. What is a separate judgment?[46] Separate judgment (Sec. 5, Rule 36) It is one
rendered disposing of a claim among several others presented in a case, after a
determination of the issues material to a particular claim and all counterclaims arising
out of the transaction or occurrence which is the subject matter of said claim.
46. May an appeal be taken from a separate or several judgment?[47]

47. When may a party file a motion for new trial or reconsideration?[48] After judgment and
before judgment becomes final and executory He may file a motion for new trial under
Rule 37.
48. What are the grounds of a motion for new trial? (FAME-N)[49] 1. Extrinsic fraud,
accident, mistake or excusable negligence (FAME) which ordinary prudence could not
have guarded against and by reason of which the rights of the aggrieved party was
impaired; or 2. Newly discovered evidence, which could not with reasonable diligence,
have been discovered and produced at the trial, and which if presented, would probably
alter the result (Sec. 1, Rule 37).
49. May a motion for new trial be filed with the Court of Appeals in an appealed case? If so
when and on what ground?[50]

50. May a motion for new trial be filed with the Supreme Court?[51]

51. May a motion for extension of time to file a motion for new trial or reconsideration be
filed?[52] A motion for new trial or reconsideration should be filed within the period for
taking an appeal. Hence, it must be filed before the finality of the judgment (Sec. 1,
Rule 37). No motion for extension of time to file a motion for reconsideration shall be
allowed.
52. What is the meaning of fraud as a ground for new trial under S1(a) R37?[53] "Fraud,
as a ground for new trial, must be extrinsic or collateral, that is, it is the kind of fraud
which prevented the aggrieved party from having a trial or presenting his case to the
court, or was used to procure the judgment without fair submission of the controversy.
53. Give examples of extrinsic fraud.[54] Fraud is regarded as extrinsic where it prevents a
party from having a trial or from preventing a party from having a trial or from
presenting his entire case to the court, or where it operates upon matters pertaining not
to the judgment itself but to the manner in which it is procured (Alaban v. CA, GR no.
156021, September 23, 2005).
54. What is the meaning of accident within the purview of S1 R37?[55] It is something
unforeseen, something unexpected or unanticipated
55. Give an example of mistake which constitutes a sufficient ground for a new trial.[56] The
mistake referred to above is one which ordinary prudence could not have guarded
against.
56. Is mistake of a partys counsel a ground for a new trial?[57] The mistake of an attorney
is not generally a ground for new trial. The mistake or lack of foresight or preparation on
the part of the attorney cannot be admitted as reason for new trial in civil cases,
otherwise there would never be an end to a suit so long as a new counsel could be
employed who could allege and show that the prior counsel had not been sufficiently
diligent, or experienced, or learned.

57. Distinguish a motion for new trial from a motion for reopening a trial. [58]

Motion for New Trial

Motion for Reopening of Trial

A motion must be filed

Proper

only

after

The judge may act motu propio

promulgation

of

May properly be presented only after either

judgment

Based upon specific grounds mentioned

in Sec. 37 in civil cases and Sec. 121 in
criminal cases

or both parties have formally offered and

closed their evidence before judgment
Controlled by no other than the paramount
interest of justice, resting entirely on the
sound discretion of the court, the exercise
of such shall not be reviewable on appeal
UNLESS a clear abuse thereof is shown.

58. What are the contents of a motion for new trial? (WAS) [59] Contents of motion for new
trial or reconsideration and notice thereof.The motion shall be made in writing stating
the ground or grounds therefor, a written notice of which shall be served by the movant
on the adverse party. x x x A pro forma motion for new trial or reconsideration shall not
toll the reglementary period of appeal. (S2, R37)
59. What is an affidavit of merits?[60] The affidavit of merits, must be one showing the facts
(not mere conclusions or opinions) constituting the valid cause of action or defense
which the movant may prove in case a new trial is granted, because a new trial would
serve no purpose and would just waste the time of the court as well as the parties if the
complaint is after all groundless or the defense is nil or ineffective.
60. What are the grounds for a motion for reconsideration? (LED)[61] Grounds for motion
for reconsideration: the damages awarded are excessive; that the evidence is
insufficient to justify the decision or final order, or that the decision or final order is
contrary to law (Sec. 1, R37).
61. What are the contents of a motion for reconsideration?[62] Contents of motion for new
trial or reconsideration and notice thereof.The motion shall be made in writing stating
the ground or grounds therefor, a written notice of which shall be served by the movant
on the adverse party. x x x A pro forma motion for new trial or reconsideration shall not
toll the reglementary period of appeal. (S2, R37)
62. What are the instances when a motion for reconsideration or motion for new trial of a
final judgment is prohibited?[63]

63. What are the instances when a motion for reconsideration is a condition precedent for
taking an appeal? (CLAN)[64]

64. What is the effect of a motion for new trial or reconsideration on the period of appeal?
[65]

65. What is a pro forma motion for new trial or reconsideration? What is the result if such a
motion is filed?[66] A pro- forma motion is one which does not satisfy the requirements
of the rules and one which will be treated as a motion intended to delay the proceedings
(Marikina Development Corporation v. Flojo, 251 SCRA 87).
66. May a second motion for new trial be filed? If so when may it be filed?[67] Yes. A second
motion for new trial is authorized by the Rules. A motion for new trial shall include all
grounds then available. Those not so included are deemed waived. However, when a
ground for a new trial was not existing or available when the first motion was made, a
second motion for new trial may be filed within the period allowed but excluding the time
during which the first motion had been (Section 5, Rule 37)
67. May a second motion for reconsideration be filed?[68] A second motion for
reconsideration is not allowed. The prohibition on a second motion applies only when the
motion is directed against a judgment or a final order. The rule does not apply to a
motion for reconsideration of an interlocutory order.
68. When may a party file a petition for relief from a judgment, final order or other
proceeding?[69]

69. May a party file a petition for relief from a denial of appeal?[70] No. A petition for relief
from judgment is not an available remedy in the Court of Appeals and Supreme Court. It
should be filed with the same court which rendered the decision.
70. Within what time must the petition for relief be filed?[71]
71. The executory filed a petition for the probate of Xs will. The notice of the hearing of the
allowance of the will was published 3 weeks consecutively in a newspaper of general
circulation. At the hearing the will was admitted to probate. Seven months after the
admission of the will to probate, the daughter of X filed a petition for relief under R38 to
set aside the order of allowance. Was the petition timely filed?[72]

72. P filed a case against D. D filed an answer. P bribed the court staff to send a fake notice
of dismissal to D. D thus no longer appeared in the case. The court proceeded to render
judgment in favor of P which became final and executor. D learned of the judgment only
after 1 year from its entry. Does D still have a remedy?[73]

73. What are the formal requirements of the petition?[74]

74. What is the nature of a petition for relief under S1 R38?[75] It is a legal remedy
whereby a party seeks to set aside a judgment rendered against him by a court
whenever he was unjustly deprived of a hearing or was prevented from taking an appeal
because of fraud, accident, mistake or excusable neglect.
75. Is a petition for relief under Rule 38 available against a judgment of the CA?[76]

76. Within what time should a petition for relief be answered?[77]

77. What proceedings are taken by the court after the answer is filed?[78]

78. P files an action with the RTC of Las Pinas City, Branch 170, to recover a parcel of land
co-owned by D. P however did not implead in his complaint E and F, the co-owners of
the land. The RTC rendered a judgment in favor of P ordering the reconveyance of the
land to P. No appeal having been filed the judgment became final and executor on 10
January 2004 and was entered in the book of entries of judgment on 10 March 2004 and
on 15 March 2004 they filed a petition for relief from the judgment with Branch 170 of
the Las Pinas RTC. P filed an answer seeking the dismissal of the petition for relief. If you
were the judge, would you dismiss the petition for relief?[79]

79. What is meant by execution?[80] Execution is the remedy afforded for the satisfaction of
a judgment. It is the fruit and end of the suit.