FYDAH MARIE SABANDO | 4B | Remedial Law Exercises II | USA Law

B. STAGES IN CIVIL PROCEDURE I

I. BEFORE FILING OF THE ACTION
A. Actions in general
1. Cause of action Cause of Action is the act or omission by which a party
violates a right of another. (Sec 2, Rule 2)

It is the delict or wrong by which the defendant violates the

right or rights of the plaintiff.

Cause of Action is determined by the pleadings

2. Right of action Right of Action is the right to commence and prosecute an
action to obtain the relief sought. It refers to the right of the
plaintiff to institute the action. Right of action is determined
by substantive law.
B. Parties
1. Parties in general
a.) Plaintiff Plaintiff is the original claiming party and is the one who files
the complaint. It may also apply to a defendant who files a
counterclaim, a cross-claim, or a third party complaint.
b.) Defendant Defendant does not only refer to the original defending
party. Under the Rules, the term also refers to a defendant in
a counter-claim, the cross-defendant, or the third (fourth,etc.)
party defendant.

2. Kinds of parties
a.) Real parties in interestthe party who would be benefited or injured by the judgment
or the party entitled to the avails of the suit.
b.) Indispensable parties those with such an interest in the controversy that a final
decree would necessarily affect their rights, so that courts
cannot proceed without their presence.
c.) Representatives as refers to where the action is allowed to be prosecuted and
parties defended by a representative or someone acting in a
fiduciary capacity, the beneficiary shall be included in the title
of the case and shall be deemed to be the real property in
interest. A representative may be a trustee of an expert trust,
a guardian, an executor or administrator, or a party
authorized by law or these Rules. An agent acting in his own
name and for the benefit of an undisclosed principal may sue
or be sued without joining the principal except when the
contract involves things belonging to the principal
d.) Necessary Parties is one who is not indispensable but who ought to be joined
as a party if complete relief is to be accorded as to those
already parties, or for a complete determination or
settlement of the claim subject of the action.

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e.) Indigent parties is a party that authorized to litigate his action, claim or
defense as an indigent if the court, upon an ex parte
application and hearing, is satisfied that the party is one who
has no money or property sufficient and available for food,
shelter and basic necessities for himself and his family.
f.) Pro-forma parties Those who are joined as a plaintiff or defendant, not because
such party has any real interest in the subject matter or
because any relief is demanded, but merely because the
technical rules of pleadings require the presence of such
party on the record.
3. Requirements
a. legal capacity Legal capacity refers to plaintiff’s general ability to sue in a
case.
b. real party in interest Real party-in-interest is the party who would be benefited or
injured by the judgment or the party entitled to the avails of
the suit.

To be a real party-in-interest, the interest must be “real”,

which is a present substantial interest. It is an interest that is
material and direct.
c. standing to sue Legal standing; refers to one who has sustained or is in
imminent danger of sustaining an injury as a result of the act
complained of
4. Joinder of parties- Joinder of parties may be employed when there are various causes of
actions that accrue in favor of one or more plaintiffs against one or more defendants.
a. joinder of initial parties
1) compulsory Compulsory joinder of indispensable parties refers parties in
interest without whom no final determination can be had of
an action shall be joined either as plaintiffs or defendants.

The joinder of parties becomes compulsory when the one

involved is an indispensable party.
2) permissive Permissive joinder of parties refers to all persons in whom or
against whom any right to relief in respect to or arising out
of the same transaction or series of transactions is alleged to
exist, whether jointly, severally, or in the alternative, may,
except as otherwise provided in these Rules, join as plaintiffs
or be joined as defendants in one complaint, where any
question of law or fact common to all such plaintiffs or to all
such defendants may arise in the action; but the court may
make such orders as may be just to prevent any plaintiff or
defendant from being embarrassed or put to expense in
connection with any proceedings in which he may have no
interest
b. third (fourth, etc.) party A third (fourth, etc.) — party complaint is a claim that a
defending party may, with leave of court, file against a person

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not a party to the action, called the third (fourth, etc.) — party
defendant for contribution, indemnity, subrogation or any
other relief, in respect of his opponent's claim.
c. special joinder modes
1) class suit Class suit refers when the subject matter of the controversy
is one of common or general interest to many persons so
numerous that it is impracticable to join all as parties, a
number of them which the court finds to be sufficiently
numerous and representative as to fully protect the interests
of all concerned may sue or defend for the benefit of all. Any
party in interest shall have the right to intervene to protect
his individual interest.
2) intervention Intervention is 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.

Its purpose is to settle in one action and by a single

judgement, the whole controversy among the persons
involved.
3) interpleader Interpleader refers to whenever conflicting claims upon the
same subject matter are or may be made against a person
who claims no interest whatever in the subject matter, or an
interest which in whole or in part is not disputed by the
claimants, he may bring an action against the conflicting
claimants to compel them to interplead and litigate their
several claims among themselves.
C. Referral to barangay It provides for the settlement of disputes between individual
conciliation residents of the same city or municipality, thru mediation,
arbitration, or conciliation, before the Katarungang
Pambarangay. Compliance therewith is a condition
precedent to the filing of a complaint or information in court
or before the Fiscal’s Office, and its absence is a ground for
dismissal of the complaint for prematurity or absence of a
cause of action.

Its object is to effect an amicable settlement of disputes

among family and barangay members at the barangay level
without judicial recourse and consequently help relieve the
courts of docket congestion.
D. Selection of court
1. Kinds of civil actions

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a. Ordinary and special Ordinary Civil Action it is one in which a party sues another
for the enforcement or protection of a right or the prevention
or redress of a wrong. It is governed by ordinary rules.

Special Civil Action it is one in which a party sues another for

the enforcement or protection of a right or the prevention or
redress of a wrong wherein it has special features not found
in ordinary civil actions. It is governed by ordinary rules but
subject to specific rules prescribed under Rules 62-71.
b. Personal vs Real Personal action refers All other actions may be commenced
Actions and tried 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. It applies to actions for recovery of personal
property, the enforcement of a contract or the recovery of
damages

Real action refers to actions affecting title to or possession of

real property, or interest therein, shall be commenced and
tried in the proper court which has jurisdiction over the area
wherein the real property involved, or a portion thereof, is
situated. This action applies when it affects title to or
possession of real property, or an interest therein.

c. In personam, in rem, Action in Personam is a proceeding to enforce personal

quasi-in rem rights and obligations brought against the person.

Action in Rem is a proceeding to determine title, status or

condition of property within its borders. It is an action against
the thing itself instead of against the person.

Action Quasi in Rem is one wherein an individual is named

as defendant and the purpose of the proceeding is to subject
his interest therein to the obligation or lien burdening the
property.
d. Local and transitory A local action is one founded on privity of estates only and
there is no privity of contracts. A real action is a local action
its venue depends upon the location of the property involved
in litigation. ―Actions affecting title to or possession of real
property, or interest therein, shall be commenced and tried
in the proper court which has jurisdiction over the area
wherein the real property involved, or a portion thereof is
situated‖ (Sec. 1, Rule 4).

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Transitory Action is dependent on the place where the party

resides regardless of where the cause of action arose. Subject
to Sec. 4, Rule 4. It is an action founded on privity of contract
between the parties.
2. Hierarchy of courts The Principle of Judicial Hierarchy of Courts provides that
lower courts shall initially decide a case before it is
considered by a higher court. A higher court will not entertain
direct resort to it unless the redress desired cannot be
obtained in the appropriate courts
3. Jurisdiction Jurisdiction is the power and authority of a court to try, hear,
and decide a case and the power to enforce its determination
4. Venue In civil proceedings, venue is procedural, not jurisdictional,
and may be waived by the defendant, if not seasonably raised
either in a motion to dismiss or in the answer.
5. Summary procedure Summary procedure is to achieve an expeditious and
inexpensive determination of the cases defined to be
governed by the Rules on Summary Procedure.
E. Pleadings, motions and notice
1. Pleadings in general Pleadings are the written statements of the respective claims
and defenses of the parties submitted to the court for
appropriate judgment.
a. Formal requirements
1) Verification Verification is intended to secure an assurance that the
allegations in a pleading are true and correct and not the
product of the imagination or a matter of speculation, and
that the pleading is filed in good faith. The absence of a
proper verification is cause to treat the pleading as unsigned
and dismissible
2) Certification of Certification of non-forum shopping is a mandatory
non-forum requirement in filing a complaint and other initiatory
shopping pleadings asserting a claim or relief. That the party has not
commenced or filed any claim involving the same issues in
any court, tribunal, or quasi-judicial agency and, to the best
of his knowledge, no such other action or claim is pending.
That if there is such other pending action or claim, a
complete statement of the present status thereof. That if he
should therefore learn that the same or similar action or claim
has been filed or is pending, he shall report that fact within
five days therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed
b. Manner of making Manner of making allegations in pleadings means that every
allegations in pleadings pleading shall contain in a methodical and logical form a
plain, concise and direct statement of the ultimate facts,
omitting the statement of mere evidentiary facts
2. Complaint Complaint is a concise statement of the ultimate facts
constituting the plaintiff’s cause or causes of action, with a

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specification of the relief sought, but it may add a general

prayer for such further relief as may be deemed just or
equitable.
a. Joinder of causes of Joinder of causes of action is the assertion of as many causes
action of action a party may have against another in one pleading
alone. It is the process of uniting two or more demands or
rights of action in one action.
1) Permissive Permissive Joinder of Causes of Action is when a party may
desire to file a single suit for each of his claims
2) Compulsory Compulsory joinder of causes of action is when a party is
required to file all his claims in a single suit.
3.) Filing and service of Filing of pleadings and other papers is the act of presenting
pleadings and other papers the pleading and other papers to the Clerk of Court.

Service of pleadings and other papers is the act of providing

a party with a copy of the pleading or paper concerned.

II. FILING OF THE ACTION

A. Commencement of the Commencement of Action is commenced by the filing of the
action original complaint in court. It can be instituted by filing the
complaint by personal service or by registered mail

It is the filing of the initiatory pleading whereby the court

acquires jurisdiction over the person of the plaintiff.
B. Docket fees Docket fees upon the filing of the pleading or other
application which initiates an action or proceeding, the fees
prescribed therefor shall be paid in full. A court acquires
jurisdiction only upon payment of the prescribed docket fee.
C. Raffle of cases Raffle of cases refers to all cases filed with the Court in
stations or groupings where there are two or more branches
shall be assigned or distributed to the different branches by
raffle. No case may be assigned to any branch without being
raffled. The raffle of cases should be regularly conducted at
the hour and on the day or days to be fixed by the Executive
Judge.
D. Provisional remedies, if Provisional remedies are temporary, auxiliary and ancillary
necessary remedies available to a litigant for the protection of his rights
while the main action is pending. They are writs and processes
which are not the main actions and they presuppose the
existence of a main action.

III. COURT ACQUIRES JURISDICTION OVER THE PARTIES

A. Summons Summons is a writ or process issued and served upon the
defendant in a civil action for the purpose of securing his
appearance therein.

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The service of summons enable the court to acquire

jurisdiction over the person of the defendant. The law
requiring the manner of service of summons is jurisdictional.
1. Modes of Service of Summons
a. Personal service Personal service it shall be served by handing a copy to the
defendant in person, or if he refuses to receive it, by tendering
it to him.
Personal service is done by:
1. Delivering personally a copy to the party or his counsel; or
2. Leaving a copy in counsel’s office with his clerk or with a
person having charge thereof; or
3. Leaving the copy between 8 a.m. and 6 p.m. at the party’s
or counsel’s residence, if known, with a person of sufficient
age and discretion residing therein if no person found in his
office, or if his office is unknown, or if he has no office
b. substituted service Substituted service applies when service of pleadings,
motions, notices, resolutions, orders and other papers cannot
be made under the two preceding sections, the office and
place of residence of the party or his counsel being unknown,
service may be made by delivering the copy to the clerk of
court, with proof of failure of both personal service and
service by mail.
c. constructive service As a general rule, summons by publication is available only in
(by publication) actions in rem or quasi in rem. It is not available as a means
of acquiring jurisdiction over the person of the defendant in
an action in personam.

However, summons by publication is available in an action in

personam in the following situations:
1. The identity of the defendant is unknown;
2. The whereabouts of the defendants are unknown;
3. The defendant a resident of the Philippines but is
temporarily out of the country;
4. The defendant does not reside and is not found in the
Philippines but the suit can be properly maintained against
him in the Philippines, it being a rem or quasi in rem.

Summons by publication may be made only with leave of

court.
d. extraterritorial service Extraterritorial service of summons is proper only in four
instances, namely:
1. The action affects the personal
status of the plaintiff.

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2. The action relates to, or the subject of which is the property

within the Philippines on which the defendant has or claims a
lien or interest, actual or contingent.
3. The action in which the relief demanded consists, wholly or
in part, in excluding the defendant from any interest therein.
4. When the property of the defendant has been attached in
the Philippines.

Manner of service of summons in cases of extraterritorial

service
1. With leave of court served outside the Philippines by
personal service;
2. With leave of court served by publication in a newspaper
of general circulation, in which case a copy of the summons
and order of court must also be sent by registered mail to the
last known address of defendant; or
3. Any other manner the court may deem sufficient
B. Voluntary appearance Voluntary appearance is an appearance in whatever form,
without explicitly objecting to the jurisdiction of the court
over the person, is a submission to the jurisdiction of the
court over the person. It may be made by simply filing a
formal motion, or plea or answer. If his motion is for any other
purpose than to object to the jurisdiction of the court over his
person, he thereby submits himself to the jurisdiction of the
court.

The defendant’s voluntary appearance shall be equivalent to

service of summons and the consequent submission of one’s
person to the jurisdiction of the court

IV. INCIDENTS AFTER COURT ACQUIRES JURISDICTION OVER THE PARTIES

A. Plaintiff’s notice and motions
1. notice of dismissal of the Notice of dismissal is when a complaint may be dismissed by
complaint under Rule 17, the plaintiff by filing a notice of dismissal at any time before
Section 1 service of the answer or of a motion for summary judgment.
Upon such notice being filed, the court shall issue an order
confirming the dismissal. Unless otherwise stated in the
notice, the dismissal is without prejudice, except that a notice
operates as adjudication upon the merits when filed by a
plaintiff who has once dismissed in a competent court an
action based on or including the same claim.
2. amended complaint under Amendment complaint is considered as a matter of right at
Rule 10, Section 2 any time before a responsive pleading is served or, in the case
of a reply, at any time within 10 days after it is served.

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The right to amend a pleading as a matter of

right may be exercised only once.
3. motion for leave to file a Motion for leave to file a supplemental complaint is one which
supplemental complaint sets forth transactions, occurrences, or events which have
under Rule 10, Section 6 happened since the date of the pleading sought to be
supplemented.

The concept of supplemental pleading is to bring into the

records new facts, which will enlarge or change the kind of
relief to which the plaintiff is entitled and it is meant to supply
deficiencies in aid of the original pleading, not to entirely
substitute the latter

Supplemental pleadings are those which aver facts occurring

after the filing of the original pleadings and which are
material to the matured claims or defenses therein alleged. It
should only deficiencies in aid of an original complaint.
4. motion to declare Motion to declare defendant in default applies when the
defendant in default under defending party fails to answer within the time allowed
Rule 9, Section therefor, the court shall, upon motion of the claiming party
with notice to the defending party, and proof of such failure,
declare the defending party in default. Thereupon, the court
shall proceed to render judgment granting the claimant such
relief as his pleading may warrant, unless the court in its
discretion requires the claimant to submit evidence. Such
reception of evidence may be delegated to the clerk of court.
B. Defendant’s motions
1. motion to set aside order of Motion to set aside order of default applies only when the
default under Rule 9, Section 3 defendant declared in default may at any time after notice
thereof and before judgment file a motion under oath to set
aside the order of default upon proper showing that his
failure to answer was due to fraud, accident, mistake or
excusable negligence and that he has a meritorious defense.
In such case, the order of default may be set aside on such
terms and conditions as the judge may impose in the interest
of justice.
2. motion for extension of Motion for extension of time to file responsive pleading refers
time to file responsive to a defendant filing a motion and on such terms as may be
pleading under Rule 11, just, the court may extend the time to plead provided in these
Section 11 Rules.
3. motion for bill of Before responding to a pleading, a party may move for a
particulars under Rule 12 definite statement or for a bill of particulars of any matter
which is not averred with sufficient definiteness or
particularity to enable him properly to prepare his responsive
pleading. If the pleading is a reply, the motion must be filed
within 10 days from service thereof.

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4. motion to dismiss A motion to dismiss is an omnibus motion because it attacks

complaint under Rule 16 a pleading. It must raise and include all objections available
at the time of the filing of the motion. It should be filed within
the time for but before filing the answer to the complaint or
pleading asserting a claim.

V. JOINDER OF ISSUES
A. Plaintiff’s motions and pleadings
1. Motions A motion is an application for relief other than by a pleading.
a. To dismiss complaint Dismissal upon motion of plaintiff means a complaint shall
under Rule 17, Sec. 2 not be dismissed at the plaintiff's instance save upon approval
of the court and upon such terms and conditions as the court
deems proper. If a counterclaim has been pleaded by a
defendant prior to the service upon him of the plaintiff’s
motion for dismissal, the dismissal shall be limited to the
complaint. The dismissal shall be without prejudice to the
right of the defendant to prosecute his counterclaim in a
separate action unless within fifteen (15) days from notice of
the motion he manifests his preference to have his
counterclaim resolved in the same action. Unless otherwise
specified in the order, a dismissal under this paragraph shall
be without prejudice.
b. To amend or Amendment is made by:
supplement complaint 1. Adding or striking out an allegation or the name of any
under Rule 17, Secs. 3 party; or
and 6 2. Correcting a mistake in the name of a party or a mistaken
or inadequate allegation or description in any other respect
(Sec. 1, Rule 10).

An amended pleading supersedes the pleading it amends.

However, admissions in the superseded pleading can still be
received in evidence against the pleader.

Amendment is considered as a matter of right:

1. Once, at any time before a responsive pleading is served;
or
2. In the case of a reply, at any time within 10 days after it is
served (Sec. 2, Rule 10)

Amendments by leave of court:

1. If the amendment is substantial (Sec. 3, Rule 10); or
2. A responsive pleading had already been served (Siasoco v.
CA, G.R. No. 132753, February 15, 1999).

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Plaintiff may amend his complaint even if the same was

dismissed on motion of the defendant provided that the
dismissal order is not yet final.

* Supplemental pleading
It is one which sets forth transactions, occurrences, or events
which have happened since the date of the pleading sought
to be supplemented.

Purposes:
1. It is to bring into the records new facts, which will enlarge
or change the kind of relief to which the plaintiff is entitled;
and
2. It is meant to supply deficiencies in aid of the original
pleading, not to entirely substitute the latter

c. For judgment on the Where the pleadings of the parties tender no issue at all, a
pleadings under Rule 34 judgment on the pleadings may be directed by the court;
(Rule 34)
d.) For summary A summary judgment or accelerated judgment is a procedural
judgment under Rule 35 technique to promptly dispose of cases where the facts
appear undisputed and certain from the pleadings,
depositions, admissions and affidavits on record, or 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.

Where from the pleadings, affidavits, depositions and other

papers, there is actually no genuine issue, the court may
render a summary judgment; (Rule 35)

A genuine issue is such issue of fact which requires

presentation of evidence as distinguished from a sham,
fictitious, contrived or false claim
e.) To set pre-trial The conduct of a pre-trial in civil actions has been made
mandatory as early as the effectivity of the Rules of Court. Pre-
trial is a procedural device intended to clarify and limit the
basic issues between the parties. It thus paves the way for a
less cluttered trial and resolution of the case. Its main
objective is to simplify, abbreviate and expedite trial, or totally
dispense with it. It is a basic precept that the parties are
bound to honor the stipulations made during the pre-trial.
2. Pleadings
a. Reply A reply is a pleading, the office or function of which is to deny,
or allege facts, in denial or avoidance of new matter alleged
by way of defenses in the answer and thereby join or make
issue as to such new matters. If a party does not file a reply,

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all the new matters alleged in the answer are deemed

controverted.
b. Answer to An answer to counterclaim is the plaintiff’s response to the
counterclaim defendant’s claim of damages suffered as a result of the
circumstances raised in the plaintiff’s original complaint
against him in a civil action. This written back and forth
interaction between the plaintiff and the defendant comprises
the case pleadings that are part of the official court record. In
an answer, the plaintiff admits or denies the allegations in the
counterclaim and presents any affirmative defense he may
have.
3. Others
a. Pre-trial brief Pre-trial brief contains a statement of the parties willingness
to enter into an amicable settlement or alternative modes of
dispute resolution, indicating their desired terms thereof; a
summary of admitted facts and proposed stipulation of facts;
the issues to be tried or resolved; documents or exhibits to be
presented stating the purpose thereof; a manifestation of
their having availed or their intention to avail themselves of
discovery procedure or referral to commissioners; and the
number of the witnesses and the substance of their respective
testimonies.

Parties should file and serve their pre-trial brief at least 3 days
before the date of the pre-trial. Failure to file the pre-trial brief
shall have the same effect as failure to appear at the pre-trial.
B. Defendant’s motion
and pleading
1. Motion
a. Motion to dismiss If plaintiff fails to appear at the time of the trial, or to
complaint due to fault of prosecute his action for an unreasonable length of time, or to
plaintiff under Rule 17, comply with these rules or any order of the court, the action
may be dismissed upon motion of the defendant or upon
Sec. 3
court’s own motion. The
dismissal shall have the effect of an adjudication upon the
merits, unless otherwise provided by the court.
2. Pleading
a. Answer with or An answer is a pleading in which a defending party sets forth
without counterclaim his defenses (Sec. 3, Rule 6). It may allege legal provisions
relied upon for defense (Sec. 1, Rule 8)

With counterclaim:
In the answer, the defendant must address each allegation in
the complaint. If a defendant does raise counterclaims in her
answer, the plaintiff must respond to those counterclaims
with a pleading called an "answer to a counterclaim." It is in
itself a claim or cause of action interposed in an answer. It
is either compulsory or permissive.

A counterclaim is distinguished from a cross-claim in that a

cross-clam is any claim by one party against a co-party arising
out of the transaction or occurrence that is the subject matter
either of the original action or of a counterclaim therein. A

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counterclaim is against a co-party

Without counterclaim:
Must specifically deny the allegations contained in the
Complaint, elsewise these shall be deemed as admissions.
3. Others
a. Pre-trial brief Pre-trial brief contains a statement of the parties willingness
to enter into an amicable settlement or alternative modes of
dispute resolution, indicating their desired terms thereof; a
summary of admitted facts and proposed stipulation of facts;
the issues to be tried or resolved; documents or exhibits to be
presented stating the purpose thereof; a manifestation of
their having availed or their intention to avail themselves of
discovery procedure or referral to commissioners; and the
number of the witnesses and the substance of their respective
testimonies.

Parties should file and serve their pre-trial brief at least 3 days
before the date of the pre-trial. Failure to file the pre-trial brief
shall have the same effect as failure to appear at the pre-trial.

VI. PRE-TRIAL After the last pleading has been served and filed, it shall be
the duty of the plaintiff to promptly move ex parte that the
case be set for pre-trial (Sec. 1, Rule 18). Mandatory.
A. Plaintiff’s motions
1. To present evidence ex If the defendant fails to appear, it shall be a cause to allow the
parte and render judgment plaintiff to present his evidence ex parte and the court shall
render judgment on the basis thereof.
B. Defendant’s motion
1. Motion to dismiss If the plaintiff fails to appear, the same shall be a cause for
dismissal of the action which shall be with prejudice, unless
otherwise ordered by the court
C. Common motions
1. To postpone It may be granted only upon proof of the physical inability of
the party to appear before the court on the scheduled date
and time.

Or if there be Special Power of Attorney given by the party,

the lawyer authorized to represent should offer valid
justification or an acceptable excuse for non-appearance.
2. For consolidation or Consolidation of actions is proper when two or more actions
severance involve the same or a common question of law or facts; and
the said actions are pending before the same court.
Consolidation may be filed at any time, even for first time on
appeal.The modes of consolidating cases are: (a) recasting the
case already instituted, conducting only one hearing and
rendering only one decision; (b) consolidating existing cases,
conducting only one hearing and rendering only one

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decision; and (c) without recasting or consolidating the case,

the principal case is heard and the hearing of the others is
suspended until judgment has been rendered in the first case.
3 For trial by commissioner Trial by commissioner may be conducted: (a) when both
parties agree in writing to have the case referred to a
commissioner; or (b) when the court, on its own motion or on
motion of either party, directs a reference to a commissioner
in certain cases.

The term commissioner includes a referee, an auditor and an

examiner. Trial by commissioner shall be conducted all
respects as though the same had been had before the court.
D. Joinder
1. Joinder of claims or causes Joinder of causes of action is a privilege given to a party to
of action join in one pleading, in the alternative or otherwise, as many
causes of action he may have against an opposing party. This
will promote the policy of avoiding multiple suits, thereby
sparing the parties the trouble and great inconvenience in
initiating distinct and separate suits for each cause of action
which he may have against an opposing party. This rule is not
mandatory but, purely permissive and the party can always
file separate actions for each cause of action.
2. Joinder of parties Joinder of parties may be:(1) permissive, if persons who are
neither indispensable nor necessary parties may join as
plaintiffs or joined as party defendants. Such persons can be
joined for they have such right to relief or against whom
right of rlief can be demanded from them; or (2)
compulsory, or those without whom no final determination
can be had of an action.

VII. DEPOSITIONS AND DISCOVERY

A. Depositions Depositions is an act of making a witness testify when the
time to do so has not yet come. It expedites the disposal of
litigations, saves the time of the court and clears the
dockets.
B. Interrogatories to parties Interrogatories to parties is resorted to if a party desires to
elicit material and relevant facts from any adverse party.
C. Admission by adverse party A written request for admission may be served upon a party
at any time after the issues have been joined.

The facts that an adverse party may be required to

admit are the following:
(1) the truth of any relevant matters of fact set forth in the
request; or

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 FYDAH MARIE SABANDO | 4B | Remedial Law Exercises II | USA Law

(2) (2) the genuineness of any relevant documents

described in and exhibited with the request.

The purpose of a request for admission is to expedite

trial and relieve the parties of the costs of proving facts that
will not be disputed on trial and truth of which can be
ascertained by reasonable inquiry.
D. Production or inspections A party can be given the privilege to permit the inspection
of documents or things and copying or photographing of things which are in
possession, custody and control of any party. This remedy can
be availed of by filing a motion in the court where the action
is pending. And the emphasis of that motion so as to
persuade the court in granting should be only for good cause
which is synonymous to the interest of justice being
subserved thereby. Moreover, the proper subject of the
inspection, copying or photographing are documents, papers,
books accounts, letters photographs, objects or tangible
things material to any matter involved in the action.
E. Physical and mental In an action wherein the mental or physical condition of a
examination of persons party is in controversy, a privilege can be given to the other
party to know the real state of health of the party whose
mental or physical condition is controverted by making that
party whose mental or physical condition is in controversy
submit to a physician.

The privilege can be availed of only upon motion filed

with the court in which the action is pending and only upon
good cause is shown. Furthermore, the order of the court
granting the examination must state the time, place, manner,
condition and scope of the examination and the person or
persons by whom it is made.

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