Trial

RULE 30

Train is a formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil proceedings.1

In a trial proceeding, when the entry of a case has been calendared, the clerk of court must notify the parties of the date of its trial and he must make sure that the parties received such notice at least five days prior to schedule of the trial.2

The trial court may adjourn a trial but not longer than one month for each adjournment, nor more than three months in all. Exception; when the Court Administration or Supreme Court authorized it in writing.3

GROUNDS TO POSTPONE A TRIAL

1. Absence of evidence

Requisites to grant motion to postpone for absence of evidence

Can be granted only upon showing affidavit showing the materiality or relevancy of such evidence

Due diligence has been used to procure it.

When it is not allowed? If the adverse party admits the facts to be given in

evidence, even if he object s or reserves the rights to their admissibility, the trial shall not be postpone

2. Illness of the party or counsel

Requisites to grant motion to postpone forIllness of the party or counsel

If it appears upon affidavit or sworn certification that the presence of such party or counsel at the trial is indispensable

1<https://www.google.com.ph/?gfe_rd=cr&ei=yUI7VLKNIOKK8Qf86YGgBg&gws_rd=ssl#q=meaning+of+trial>2 Sec. 1 Rule 30 of Revised Rules of Court3 Sec. 2 Rule 30 of Revised Rules of Court

And that the character of the illness is such as to render his non-attendance excusable.

ORDER OF TRIAL

The trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows:

(a)The plaintiff shall adduce evidence in support of his complaint;

(b)The defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim and third-party complaints;

(c) The third-party defendant if any, shall adduce evidence of his defense, counterclaim, cross-claim and fourth-party complaint;

(d)The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them;

(e)The 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) The 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; and

(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.

If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of presentation of their evidence. 4

AGREED STATEMENTS OF FACTS

If both parties, in writing, agreed on the facts involved in the litigation, the case may be submitted for judgment without the introduction of evidence. But, if they agree only on some facts, trial will still prosper on the facts that they did not agree upon.

STATE OF JUDGMENT

4 Sec. 5 Rule 30 of Revised Rules of Court

Statements made by the judge, parties, witnesses or counsel during trial or hearing shall be made recorded in the stenographer notes.

Rule 31  Consolidation or Severance

1.    CONSOLIDATION – the court may order a joint hearing or trial of any or all matters in issue when actions involving a common question of law or fact are pending before the court.

In Teston v. Development Bank of the Philippines, the court laid down the requisites for the consolidation of cases, viz.: 

A court may order several actions pending before it to be tried together where they arise from the same act, event or transaction, involve the same or like issues, and depend largely or substantially on the same evidence, provided that the court has jurisdiction over the cases to be consolidated and that a joint trial will not give one party an undue advantage or prejudice the substantial rights of any of the parties.5

2. BUT the court may order a separate trial of any claim, cross-claim, counterclaim, or third-party complaint, in furtherance of convenience or in the interest of justice.

Rule 32  Trial by commissioner:

1.    Reference by consent of both parties2.    Reference by motion of one of the parties or motuproprio:

Trial requires examination of a long account of either side

1. Taking of an account is necessary for the information of the court before judgment or for carrying a judgment order into effect

2. Question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of the case.

Rule 33  Demurrer to Evidence

Demurrer to evidence is made by the defendant after the plaintiff has completed the presentation of his evidence where the defendant moves for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief.

5Teston v. Development Bank of the Philippines

1.    If motion denied – defendant has the right to present evidence

If motion granted, but reversed on appeal – defendant deemed to have waived the right to present evidence.6

In Hun Hyung Park vs. Eung won Choi, In case of a demurrer to evidence filed with leave of court, the accused may adduce countervailing evidence if the court denies the demurrer. Such denial bears no distinction as to the two aspects of the case because there is a disparity of evidentiary value between the quanta of evidence in such aspects of the case. In other words, a court may not deny the demurrer as to the criminal aspect and at the same time grant the demurrer as to the civil aspect, for if the evidence so far presented is not insufficient to prove the crime beyond reasonable doubt, then the same evidence is likewise not insufficient to establish civil liability by mere preponderance of evidence.7

6https://lawphilreviewer.wordpress.com/tag/civil-procedure-rules-31-40/7 Hun Hyung Park vs. Eung Won Choi, GR 165496