CIVIL PROCEDURE | M I D T E R M S – J U D G E D O C E N A

RULE 18 Pre-trial brief is required with The rules do not require pre-
PRE-TRIAL the particulars and the trial brief but only require
sanctions provided attendance at a pre-trial
PRE-TRIAL IN CIVIL CASES PRE-TRIAL IN CRIMINAL conference
CASES
Set when the plaintiff moves Ordered by the court and no Section 1. When conducted. — After the last pleading has been
ex parte to set the case for motion to set the case for pre- served and filed, if shall be the duty of the plaintiff to promptly
pre-trial trial is required from either move ex parte that the case be set for pre-trial
the prosecution or the
defense
The motion to set the case for The pre-trial is ordered by the DUTY OF THE PLAINTIFF TO MOVE THE CASE BE SET FOR PRE-
pre-trial is made after the last court after arraignment and TRIAL CONFERENCE (AM 03-1-09-SC)
pleading has been served and within 30 days from the date
 Within 5 days from date of filing of the reply, the plaintiff
filed the court acquires jurisdiction
over the person of the accused must promptly move ex parte that the case be set for pre-
Considers the possibility of an No amicable settlement trial conference and if the plaintiff fails to file said motion
amicable settlement as an within the give period, the Branch Clerk of Court shall
important objective issue a notice of pre-trial
The sanctions for non- The sanction in a criminal case
appearance in a pre-trial are are imposed upon the counsel
imposed upon the plaintiff for the accused or the  The ex parte motion to set the case for pre-trial is to be
and the defendant prosecutor
made by the plaintiff after the last pleading has been
The presence of the defendant The accused is merely
served and filed.
is required, unless he is duly required to sign the written
o Need not be literally construed as one having
represented at the pre-trial agreement arrived at in the
conference by his counsel with pre-trial conference, if he is in been served and filed, the expiration of the
the requisite authority to conformity therewith. period for filing the last pleading is sufficient.
enter into a compromise  Plaintiff should sufficiently show justifiable cause for its
agreement Hence, unless otherwise failure to set the case for pre-trial; otherwise, the court
required by the court, his can dismiss the complaint outright.
presence therefor is not
indispensable. Section 2. Nature and purpose. — The pre-trial is mandatory.
The court shall consider:
The accused may waive his
(a) The possibility of an amicable settlement or of a submission
presence at all the stages of
to alternative modes of dispute resolution;
the criminal action except at
the arraignment, (b) The simplification of the issues;
promulgation of judgment or
when required to appear for (c) The necessity or desirability of amendments to the pleadings;
identification.
(d) The possibility of obtaining stipulations or admissions of facts
The presence of the plaintiff is The presence of the private
and of documents to avoid unnecessary proof;
required at the pre-trial unless offended party is not required
excused therefrom for valid at the pre-trial. Instead, he is (e) The limitation of the number of witnesses;
cause or if he is represented only required to appear at the
therein by a person fully arraignment of the accused (f) The advisability of a preliminary reference of issues to a
authorized in writing to for purposes of plea commissioner;
perform the acts. bargaining, determination of
(g) The propriety of rendering judgment on the pleadings, or
civil liability, and other
summary judgment, or of dismissing the action should a valid
Absent such justification, the matters requiring his
ground therefor be found to exist;
case may be dismissed with or presence.
without prejudice. (h) The advisability or necessity of suspending the proceedings;
Should he fail to appear and
therein, and the accused
offers to plead guilty to a (i) Such other matters as may aid in the prompt disposition of
lesser offense necessarily the action.
included in the offense
charged, he may be allowed to
do so with the conformity of  Pre-trial is a procedural device held prior to the trial for
the trial prosecutor alone. the court to consider the purposes aforesaid.

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Section 3. Notice of pre-trial. — The notice of pre-trial shall be complaint with the period
served on counsel, or on the party who has no counsel. The allowed for the filing thereof
counsel served with such notice is charged with the duty of No answer has been filed by An answer has already been
notifying the party represented by him. the defendant filed by the defendant
The court may or may not They shall allow the plaintiff to
require the plaintiff to present present evidence ex-parte
 Sending a notice of pre-trial stating the date, time and evidence ex-parte
place of pre-trial is mandatory. Its absence will render the Award is limited only to that Award may exceed that
pre-trial and subsequent proceedings void. prayed for in the complaint prayed for in the complaint
Sec 5, Rule 10 on amendment Sec 5, rule 10 may be applied
Section 4. Appearance of parties. — It shall be the duty of the of pleadings to conform to to amend the complaint to
parties and their counsel to appear at the pre-trial. The non- evidence presented during conform to the evidence
appearance of a party may be excused only if a valid cause is trial may not be applied as presented during the ex-parte
shown therefor or if a representative shall appear in his behalf matters covered by the ex- hearing as the plaintiff may
fully authorized in writing to enter into an amicable settlement, parte hearing is limited only to present evidence to prove
to submit to alternative modes of dispute resolution, and to the allegations in the matters not alleged or prayed
enter into stipulations or admissions of facts and of documents. complaint for in the complaint
Remedy is to file a motion to File a motion for
 Representation shall be coupled with an explanation lift order of default on the reconsideration without need
showing a valid cause for a party’s non-appearance ground of fraud, accident, for recital of meritorious
 The written authority must be in the form of SPA mistake, or excusable defense as the same is already
negligence, and recite contained in the answer.
Section 5. Effect of failure to appear. — The failure of the meritorious defense
plaintiff to appear when so required pursuant to the next
preceding section shall be cause for dismissal of the action. The Section 6. Pre-trial brief. — The parties shall file with the court
dismissal shall be with prejudice, unless other-wise ordered by and serve on the adverse party, in such manner as shall ensure
the court. A similar failure on the part of the defendant shall be their receipt thereof at least three (3) days before the date of
cause to allow the plaintiff to present his evidence ex parte and the pre-trial, their respective pre-trial briefs which shall contain,
the court to render judgment on the basis thereof. among others:

 The failure of the plaintiff to appear shall be cause for the (a) A statement of their willingness to enter into amicable
dismissal of the action. The dismissal shall be with settlement or alternative modes of dispute resolution,
prejudice except when the court orders otherwise indicating the desired terms thereof;
o The same shall have the effect of an (b) A summary of admitted facts and proposed stipulation
of facts;
adjudication on the merits, thus, final.
(c) The issues to be tried or resolved;
o The remedy of the plaintiff is to appeal the order
(d) The documents or exhibits to be presented stating the
of the dismissal.
purpose thereof;
 The failure of the defendant to appear shall be cause to (e) A manifestation of their having availed or their
allow the plaintiff to present evidence ex parte and for intention to avail themselves of discovery procedures
the court to render judgment on the basis thereof. or referral to commissioners; and
o The order of the court allowing the plaintiff to (f) The number and names of the witnesses, and the
present evidence ex parte does not dispose of substance of their respective testimonies.
the case with finality.
o The order is, therefore, interlocutory, hence not Failure to file the pre-trial brief shall have the same effect as
appealable. failure to appear at the pre-trial.
o The defendant may file a motion for
reconsideration of the order and if the denial is
 No evidence shall be allowed to be presented and offered
with grave abuse of discretion, he may file a
during the trial in support of a party’s evidence-in-chief
petition for certiorari under Rule 65.
other than those that had been earlier identified and pre
 The failure of the defendant to appear in pre-trial is not a marked during the pre-trial, except if allowed by the court
ground to declare him in default. for good cause shown.
DECLARATION OF DECLARATION OF Section 7. Record of pre-trial. — The proceedings in the pre-trial
DEFENDANT IN DEFAULT DEFENDANT AS IN DEFAULT shall be recorded. Upon the termination thereof, the court shall
UNDER RULE 9 UNDER RULE 18 issue an order which shall recite in detail the matters taken up
Occurs when defendant fails Occurs when defendant fails in the conference, the action taken thereon, the amendments
to file his answer to the to appear at the trial allowed to the pleadings, and the agreements or admissions
made by the parties as to any of the matters considered. Should

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the action proceed to trial, the order shall, explicitly define and o Final dismissal of the principal action results in
limit the issues to be tried. The contents of the order shall the dismissal of said ancillary action.
control the subsequent course of the action, unless modified  It cannot alter the nature of the action and the issues
before trial to prevent manifest injustice. already enjoined.
 Purpose is to enable a stranger to an action to become a
 The pre-trial order shall be issued within 10 days after the party to protect his interest.
termination of the pre-trial  Interventions are not allowed in summary procedure and
 GR: the contents of the pre-trial order shall control the small claims cases.
subsequent course of the action, unless:
o Modified before trial to prevent manifest KINDS OF INTERVENTION
injustice
1. A matter of discretion via motion for intervention
o Issues that impliedly included among those
2. A matter of right – class suit
listed or that may be inferable from those listed
3. Court mandated discretion – marriage related cases for
by necessary implication which are as much
the prosecuting attorney to appear in behalf of the State
integral parts of the pre-trial order as those
(Rule 9, Sec 2)
expressly listed
4. Forced Intervention – under preliminary attachment in
o Trial of issues not raised in the pleadings but not
case of garnishment of bank deposits
objected to or tried with the express or implied
consent of the parties, and permits an REMEDIES
amendment of the pleadings to conform the
evidence.  For the improper denial of a motion for intervention
 A party is deemed to have waived the right to invoke o Appeal
stipulations in the pre-trial order if he failed to object to o Mandamus, if there is grave abuse of discretion,
the introduction of evidence outside of the pre-trial where there is no other plain, speedy and
order, as well as in cross-examining the witness in regard adequate remedy
to said evidence.  For the improper granting of Motion for Intervention
 Proceedings during the preliminary conference need to o Certiorari
be recorded in the “Minutes of Preliminary Conference” o Prohibition
to be signed by both parties and/or counsel.
Section 1. Who may intervene. — A person who has a legal
interest in the matter in litigation, or in the success of either of
the parties, or an interest against both, or is so situated as to be
adversely affected by a distribution or other disposition of
property in the custody of the court or of an officer thereof may,
with leave of court, be allowed to intervene in the action. The
court shall consider whether or not the intervention will unduly
delay or prejudice the adjudication of the rights of the original
parties, and whether or not the intervenor's rights may be fully
protected in a separate proceeding.

 The interest must be actual, substantial, material, direct

and immediate, and not simply contingent or expectant.
o it must be of such direct and immediate
RULE 19
character that the intervenor will either gain or
INTERVENTION
lose by the direct legal operation and effect of
the judgment.
 Intervention is a remedy by which a third party, not
originally impleaded in a proceeding, becomes a litigant INTERVENTION INTERPLEADER
therein to enable him to protect or preserve a right or Ancillary action Original Action
interest which may be affected by such proceeding. Proper in any of the 4 Presupposes that the plaintiff
 It is a proceeding in a suit or action by which a third mentioned in this Rule has no interest in the subject
person is permitted by the court to make himself a party matter of the action or has an
either joining plaintiff in claiming what is sought by the interest therein, which in
complainant, or uniting with defendant in resisting the whole or in part, is not
claims of plaintiff, or demanding something adversely to disputed by the other parties
both of them. to the action.
 It is an ancillary and supplemental to an existing litigation.
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The defendants are already The defendant are being sued pre-trial, for trial, those whose trials were adjourned or
original parties to the pending precisely to implead them, postponed, and those with motions to set for hearing.
suit Preference shall be given to habeas corpus cases, election cases,
special civil actions, and those so required by law.
GR: Intervention is a matter of discretion on the part of the court
Section 2. Assignment of cases. — The assignment of cases to
XPNs: the different branches of a court shall be done exclusively by
raffle. The assignment shall be done in open session of which
1. When the intervenor turns out to be an indispensable
adequate notice shall be given so as to afford interested parties
party
the opportunity to be present.
2. In a class suit where any party in interest of the class has
the right to intervene.
RULE 21
THIRD-PARTY COMPLAINT COMPLAINT IN SUBPOENA
INTERVENTION
Filed by an original party to Filed by a stranger to the SUBPOENA SUMMONS
the case to join the third action to be made a party
An order to appear and testify An order to answer complaint
person in the action therein
or to produce books and
The original party to the action The intervenor may intervene
documents
impleads a third party for the in the case for his sole benefit
May be served to a non-party Served on the defendant
purpose of contribution, and for his own interest
Needs tender of kilometrage, No such fees
indemnification, subrogation
attendance fee and
or other reliefs
reasonable cost of production
fee
Section 2. Time to intervene. — The motion to intervene may
be filed at any time before rendition of judgment by the trial
Section 1. Subpoena and subpoena duces tecum. — Subpoena
court. A copy of the pleading-in-intervention shall be attached
is a process directed to a person requiring him to attend and to
to the motion and served on the original parties.
testify at the hearing or the trial of an action, or at any
investigation conducted by competent authority, or for the
GR: After trial and decision in a case, intervention can no longer be taking of his deposition. It may also require him to bring with
permitted. him any books, documents, or other things under his control, in
which case it is called a subpoena duces tecum.
XPNs:
Kinds of Subpoena
1. With respect to indispensable parties, intervention may
be allowed even on appeal 1. Subpoena ad testificandum – used to compel a person to
2. In order to avoid injustice testify
3. Intervention may be allowed after judgment where it is 2. Subpoena duces tecum – used to compel the production
necessary to protect some interest which cannot of books, records, things or documents therein specified.
otherwise be protected, and may be allowed for the
Section 2. By whom issued. — The subpoena may be issued by
purpose of preserving the intervenor’s right to appeal.
—
Section 3. Pleadings-in-intervention. — The intervenor shall file
(a) the court before whom the witness is required to attend;
a complaint-in-intervention if he asserts a claim against either
or all of the original parties, or an answer-in-intervention if he (b) the court of the place where the deposition is to be taken;
unites with the defending party in resisting a claim against the
latter. (c) the officer or body authorized by law to do so in connection
with investigations conducted by said officer or body; or

Section 4. Answer to complaint-in-intervention. — The answer (d) any Justice of the Supreme Court or of the Court of Appeals
to the complaint-in-intervention shall be filed within fifteen (15) in any case or investigation pending within the Philippines.
days from notice of the order admitting the same, unless a When application for a subpoena to a prisoner is made, the
different period is fixed by the court. judge or officer shall examine and study carefully such
application to determine whether the same is made for a valid
RULE 20 purpose.
CALENDAR OF CASES
No prisoner sentenced to death, reclusion perpetua or life
Section 1. Calendar of cases. — The clerk of court, under the imprisonment and who is confined in any penal institution shall
direct supervision of the judge, shall keep a calendar of cases for

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be brought outside the said penal institution for appearance or Section 8. Compelling attendance. — In case of failure of a
attendance in any court unless authorized by the Supreme Court witness to attend, the court or judge issuing the subpoena, upon
proof of the service thereof and of the failure of the witness,
may issue a warrant to the sheriff of the province, or his deputy,
Section 3. Form and contents. — A subpoena shall state the to arrest the witness and bring him before the court or officer
name of the court and the title of the action or investigation, where his attendance is required, and the cost of such warrant
shall be directed to the person whose attendance is required, and seizure of such witness shall be paid by the witness if the
and in the case of a subpoena duces tecum, it shall also contain court issuing it shall determine that his failure to answer the
a reasonable description of the books, documents or things subpoena was willful and without just excuse.
demanded which must appear to the court prima facie relevant.
Section 9. Contempt. — Failure by any person without adequate
cause to obey a subpoena served upon him shall be deemed a
Requisites for issuance of subpoena duces tecum
contempt of the court from which the subpoena is issued. If the
1. The books, documents, or other requests must appear to subpoena was not issued by a court, the disobedience thereto
be prima facie relevant (Test of Relevancy) and shall be punished in accordance with the applicable law or Rule.
2. Such books must be reasonably described to be readily
identified. (test of Definiteness) Section 10. Exceptions. — The provisions of sections 8 and 9 of
this Rule shall not apply to a witness who resides more than one
Section 4. Quashing a subpoena. — The court may quash a
hundred (100) kilometers from his residence to the place where
subpoena duces tecum upon motion promptly made and, in any
he is to testify by the ordinary course of travel, or to a detention
event, at or before the time specified therein if it is
prisoner if no permission of the court in which his case is
unreasonable and oppressive, or the relevancy of the books,
pending was obtained.
documents or things does not appear, or if the person in whose
behalf the subpoena is issued fails to advance the reasonable
cost of the production thereof. RULE 22
The court may quash a subpoena ad testificandum on the COMPUTATION OF TIME
ground that the witness is not bound thereby. In either case, the
subpoena may be quashed on the ground that the witness fees Section 1. How to compute time. — In computing any period of
and kilometrage allowed by these Rules were not tendered time prescribed or allowed by these Rules, or by order of the
when the subpoena was served. court, or by any applicable statute, the day of the act or event
from which the designated period of time begins to run is to be
 Grounds are NOT exclusive. excluded and the date of performance included. If the last day
of the period, as thus computed, falls on a Saturday a Sunday,
Section 5. Subpoena for depositions. — Proof of service of a or a legal holiday in the place where the court sits, the time shall
notice to take a deposition, as provided in sections 15 and 25 of not run until the next working day.
Rule 23, shall constitute sufficient authorization for the issuance
of subpoenas for the persons named in said notice by the clerk
 Non-working days are excluded from the counting of the
of the court of the place in which the deposition is to be taken.
period only when the last day of the period falls on such
The clerk shall not, however, issue a subpoena duces tecum to
any such person without an order of the court. days.

Section 2. Effect of interruption. — Should an act be done which

Section 6. Service. — Service of a subpoena shall be made in the effectively interrupts the running of the period, the allowable
same manner as personal or substituted service of summons. period after such interruption shall start to run on the day after
The original shall be exhibited and a copy thereof delivered to notice of the cessation of the cause thereof.
the person on whom it is served, tendering to him the fees for
one day's attendance and the kilometrage allowed by these The day of the act that caused the interruption shall be excluded
Rules, except that, when a subpoena is issued by or on behalf of in the computation of the period.
the Republic of the Philippines or an officer or agency thereof,
the tender need not be made. The service must be made so as
to allow the witness a reasonable time for preparation and
travel to the place of attendance. If the subpoena is duces
tecum, the reasonable cost of producing the books, documents
or things demanded shall also be tendered.

Section 7. Personal appearance in court. — A person present in

court before a judicial officer may be required to testify as if he
were in attendance upon a subpoena is sued by such court or
officer.

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