Documente Academic
Documente Profesional
Documente Cultură
TUAZON
CIVIL PROCEDURE
Summer Class 2015
Professor: Atty.Rodolfo Rabaja
such right 3) Violation of such right by the defendant. Absence of one of these
elements results to lack of cause of action.
If the main cause of action is claim for damages, then the amount
therein where the assessed value exceeds P20,000 in the provinces or P50,000
in Metro Manila. However, forcible entry and unlawful detainer cases,
irrespective of amounts involved are not cognizable by the RTC but by the MTC.
7.
fees, exclusive of charges and penalties, claimed exceeds P300,000 for the
provinces or P400,000 in Metro Manila but less than P1 million. For amounts P1
million and above, the Court of Tax Appeals has exclusive original jurisdiction.
9.
jurisdiction supposedly under the Juvenile and Domestic Relations Court and of
the Court of Agrarian Relations.
10. Cases transferred to the RTC by the Securities Regulation Code
including 1) Fraudulent devices or schemes employed directors or officers 2)
Intra-corporate controversies 3) corporate election controversies 4) derivative suits
5) inspection of corporate books of accounts
11. Suspension of payments and corporate rehabilitation
1.
not less than 9 years old when the offense was committed.
2.
5.
marriage and those relating to marital status and property relations of husband
and wife or those living together under different status and agreements, and
petitions for dissolution of conjugal partnership of gains.
6.
7.
8.
9.
10. Cases against minors cognizable under the Dangerous Drugs Act.
11. Violations of RA 7610, (Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act)
12.
A complaint must have a caption which indicates the names of the parties, the
court where the action is to be filed and the docket number assigned. A
complaint must also have a body where the particular facts, allegations, cause
of actions and averments are contained.
The body of a pleading usually contains paragraphs, headings, relief sought for
date, signature of the plaintiff/s, verification and certificate of non-forum
shopping.
and that no other actions have been filed in other courts for purposes of fishing
for a favorable judgment.
After the docket fees have been fully paid, the case shall then be raffled, the
court which has been drawn from the raffle shall try the case.
PRE-TRIAL
If the parties opted to arrive at an amicable settlement, the court will set for a
mediation proceeding and the parties may settle for a compromise agreement,
the reason being is to unclog the court dockets and further prevent cases
which would exhaust the time and resources of the courts.
If the parties however do not arrive at an amicable settlement the case shall
then proceed to trial proper.
TRIAL PROPER
Trial is the point where the court shall hear the case base on the merits of the
complaints and answers, the presentation of witnesses, evidence and all other
factors which shall lead the court in its final determination of such case.
The sequence of trial of a civil case is like that of a criminal case except that
there is no arraignment and plea bargaining. The court shall order the counsel
of the plaintiff to conduct his direct examination of his witnesses the direct or
chief examination shall extract from the witnesses relevant facts which shall
tend to prove the plaintiffs claim.
Once the direct examination of the plaintiffs witness has been concluded, the
same witness shall then be cross-examined by the counsel of the defendant,
If there are two or more witnesses, all shall be subjected to direct examination
by the plaintiffs counsel and shall thereafter be subject to cross examination
by the counsel of the defendant until all witnesses of the plaintiff have testified
in court.
After all witnesses of the plaintiff have testified in court, it shall formally offer
all of its exhibits subject to certain objections if any and finally to the ruling of
the court which shall be explained later.
After the plaintiffs presentation of witnesses and their testimony, it shall then
be the turn of the defendant to present his witnesses. The counsel of the
defendant shall conduct his direct examination over the defendants witnesses,
the purpose of which is to extract relevant facts and information to counter the
complaint and averments of the plaintiff.
Once the counsel for the defendant has finish examining the witness, it shall
be the turn of the counsel for the plaintiff to conduct cross-examination over
the same witness. As stated before, only questions connected to the direct
examination shall be allowed in the cross examination otherwise it is subject
certain objections.
All witnesses of both parties must be accounted for.
After the course of formally offering the plaintiffs exhibits, the defendant after
the turn of the opposing party may or may not object to exhibits which are
being offered.
In objecting thereto, the defendant shall state the name or title of an exhibit
marked and offered, he shall then state his objection and the reason as to why
he is objecting so as such exhibit will not be deemed admitted by the judge.
After the plaintiffs has concluded its formally offering marked exhibits, it
shall then be the turn of the defendant, following the same principle as stated
earlier it may formally offer its exhibits in verbal or in written form depending
upon the given circumstance.
Thereafter, once the defendant has concluded its formal offer, the plaintiff shall
also have the opportunity to object thereto based upon the above given
grounds.
RULING OF THE COURT
Now, after the formal offer of exhibit comes now the ruling of the court, if all
exhibits formally offered by both parties have been admitted and without being
objected thereto the court the court shall now admit and make on record all of
the exhibits which have been formally offered.
If however certain exhibits have not been admitted, the remedy of either party
is to tender proof of the excluded exhibits meaning to say, they shall manifest
before the court as to why such exhibits should be admitted.
If all of the exhibits of the plaintiff has been admitted and it has already
tendered proof of such exhibits, the counsel of the complainant may now
formally rest its case.
After the plaintiff has rest its case, it shall now be the defendants turn to
present its witnesses and formally offer its exhibits as earlier mentioned.
The final phase of the trial shall be the rendering of judgment by the court, it is
a rule that judgment must be in writing, written in official language, personally
prepared and signed by the judge, it must contain the clear and distinct
statement of the facts and the law on which it is based otherwise said
judgment may be questionable based on certain legal grounds.
REFERENCES:
1987 Revised Rules of Court (Philippines);
Revised Rules of Civil Procedure Annotated, Judge Pelagio Estopia (2013);