Sec. 5 - effect of failure to appeal
- shall be a cause for dismissal of the action.
- the dismissal shall be with prejudice, unless otherwise
ordered by the court.
- the failure of the defendant to appear in the pre-trial,
shall cause to allow the plaintiff to present his evidence
ex parte and the court to render judgment on the basis
thereof.
- when both the plaintiff and the defendant are absent, the
defendant cannot be declared in default, and the plaintiff
may not ask that the defendant be punished for the same
shortcoming he is guilty of.
Failure to answer distinguished from non-appearance
at pre-trial
1. FA - defendant may be declared in default. The
judgment may be rendered granting the plaintiff such
relief as the pleading warrant.
- judgment should not exceed the amount or be different
in kind from that prayed for, nor award unliquidated
damages.
2. NA - shall cause to allow the plaintiff to present his
evidence ex parte and the court to render judgment on the
basis thereof.
- the award may exceed the amount or be different in
kind from that prayed for depending upon the evidence
presented.
Remedies of non-appearing defendant:
1. Motion for reconsideration without need for the
defendant’s meritorious defenses.
2. Special civil action - if the motion is denied with grave
abuse of discretion.
Other remedies:
1. Ordinary appeal
2. Petition for relief from judgment
3. Annulment of judgment
Sec. 6. Pre-trial brief
- shall be filed with the court and served on the adverse
party at least least 3 days before the date of trial
- it shall contain:
1. A statement of their willingness to enter into an
amicable settlement or alternative modes of dispute
resolution, indicating the desired terms thereof.
2. A summary of admitted facts and and proposed
stipulation of facts
3. The issues to be tried or resolved.
4. The doocuments or exhibits to be presented, stating
the purpose thereof.
5. A manifestation of their having availed or their
intention to avail themselves of the discovery procedures
or referal to commissioners.
6. The number and names of the witnesses, and the
substance of their respective testimonies.
- failure to file a pre-trial brief shall have the same effect
as failure to appear at pre-trial.
Remedy of non-filing of brief
- file a motion for reconsideration showing that his
failure to file pre-trial brief is due to FAME.
Sec. 7. Record of pre-trial
- the proceedings in the pre-trial shall be recorded.
Should the issue proceed to trial, the order shall define
and limit the issues to be tried.
- the contents of the order shall control the subsequent
course of the action , unless modified before trial to
prevent manifest injustice.
- where a party failed to object to the introduction of
evidence on an issue outside pre-trial, he is deemed to
have waived the delimitations in the pre-trial order.
Rule 19 - intervention
Sec. 1. Who may intervene?
- a a party who has a legal interest in the matter in
litigation.
Intervention defined
- is a remedy by which a third party, not originally
impleaded becomes a litigant to enable him to protect or
preserve a right or interest which may be affected by the
proceeding.
- when the intervenor becomes a party to the action, the
plaintiff has no absolute right to put the intervenor out of
court by dismissing the action.
- any settlement made by the plaintiff and the defendantis
ineffective unless the intervenor is a party to it.
Intervetion and third-party complaint distinguished.
1. In I, the initiative comes from the third person. In
TPC, the initiatiove comes from the party who is already
a party to the action
2. In I, the third party who joins the action, may join
either the plaintiff or the defendant. In TPC, the TP is
necessarily a defendant in the TPC.
Intervention, discretionary
- it is not absolute right.
- it may be permitted by the court when the applicant
shows facts which satisfies the requirement of the law
authorizing intervention.
- the discretion of the court, once excersied, cannot be
reviewed nor controlled by mandamus.
- intervention shall be denied if it will delay or prejudice
the adjudication of the rights of the parties or when the
claim of the intervenor can be properly decided in a
separate proceeding.
Requisites of intervention:
1. The movant has legal interest in the matter in
litigation.
2. Consideration must be given whether the adjudication
of the rights of the original parties may be delayed or
prejudiced or whether the intervenor’s right may be
protected in separate proceedings or not.
Nature of the interest
- it must be direct and immediate that the intervenor will
either gain or lose by the direct legal operation and effect
of judgment.
- it must be actual, direct and material, not merely
contingent and expectant.
Remedy against denial
- mandamus if ordinary appeal would not be an adequate
and speedy remedy.
Sec.2. Time to intervene
- motion to intervene may be filed at any time before
rendition of judgment by the trial
- the copy of the pleading-in-intervention shall be
attached to the motion and shall be served on the original
parties.
- it shall be denied when the judgment has been rendered
or worst has become final and executory.
Procedure for intervention:
1. File a motion for leave of court with notice upon all
parties to the action.
2. Attaching thereto the pleading-in-intervention which
may be a complaint-in-intervention if he asserts a claim
against either or all.
3. If the pleading-in-intervention is unauthorized and
filed without leave of court, it should be stricken out
from the records.
- without leave of court, the intervenor may not be
regarded as a party.
Sec.3. Pleadings-in-intervention
- the intervenor shall file a complaint in intervention if he
asserts a claim against either or all of the original parties,
or an answer-in-intervention if he unites with the
defending party in resisting a claim against the latter.
Sec. 4. Answer to complaint-in-intervention.
- shall be filed within 15 days from notice of the order
admitting it., unless a different period isfixed by court.
- when the intervenor unites with the defendant in
resisting the claim of the plaintiff, the plaintiff may file
his reply within 10 days from notice of such order
Rule 20 calendar of cases
Sec. 1. Calendar of cases
- the clerk of court shall keep a calendar of cases for pre-
trial, for trial, those whose trials were adjourned or
postponed, and those with motions to set for hearings.
- preference shall be given to habeas corpus cases,
election cases, special civil action, and those so required
by law.
Sec. 2. Assignment of cases
- assignment of cases to different branches of a court
shall be done exclusively by raffle.
- shall be done in open session in which notice shall be
given so as to afford the interested parties the opportunity
to be present.
How raffle is made when the injuctive writ is applied
- raffled only after notice to and in the presence of the
adverse party or the person to be enjoined.
Rule 21 - Subpoena
Sec.1. Subpoena and subpoena duces tecum
- subpoena is a process directed to a person directing him
to attend and to testify at the hearing or trial of an action,
or at any investigation conducted by competent authority,
or for the taking of his deposition.
- subpoena ducestecum is a process whereby a person is
required to bring with him any books, documents, or
other things under his control.
Requisites of issuance of subpoena duces tecum
1. It must appear that the book or document sought to be
produced contains evidence relevant and material to the
issue.
2. That the book or document has been so designated or
described that it may be identified.
Sec. 2. By whom issued?
1. The court before whom the witness is required to
attend.
2. The court of the place where the deposition is to be
taken.
3. The offficer or body authorized by law to do so in
connection with investigations conducted by said officer
or body.
4. Any justice of the supreme court or court of appeals in
any case pending in the philippines.
- no prisoner sentenced to death, reclusion perpetua or
life imprisonment and who is confined in any penal
institution shall be brought outside said penal institution
for appearance or attendance in any court, unless
authorized by the supreme court.
Sec.3. Form and contents
- shall state the name of the court and the title of the
action or investigation.
- shall be directed to the person whose attendance is
required.
-in case of subpoena duces tecum, it shall contain a
reasonable description of the books, documents, or things
demanded.
Sec. 4. Quashing a subpoena
- the court may quash a subpoena duces tecum, upon
motion:
1. If it is unreasonable and oppresive
2. or the relevancy of the books, documents, or things
does not appear,
3. or the person in whose behalf the subpoena is issued,
fails to advance reasonable cost for the production
thereof
- the court may quash a subpoena ad testificandum on
the ground that the witness is not bound thereby.
- in either case, the subpoena may be quashed on the
ground that the witness fees and kilometrage allowed by
the rules were not tendered when was served.
Remedy against an improper subpoena
- motion to vacate or set aside the subpoena.

When may subopoena ma be disobeyed?
- when it requires to produce irrelevant documents
- if it is too broad in scope.
Sec. 5. Subpoena for depositions
- proof of service of notice to take deposition shall
constitute sufficient authorization for the issuance of
subpoenas for the person named in said notice by the
clerk of court of the place in which the deposition is to be
taken.
- the clerk shall not issue a subpoena duces tecum to any
person without an order of the court.
Ser. 6. Service
- personal or substituted service of summons
- modes:
1. By personal service - by exhibiting to the person the
original copy of the subpoena and handing a copy thereof
to him. If he refuses to receive and sign for it, by
tendering it to him.
2. By substituted service - by leaving a copy of the
subpoena at the witness’ residence with some person of
suitable age, or by leaving the copies at the witness’
office or regular place of business with some competent
person in charge thereof.
Sec. 7. Personal appearance in court.
- may be required to testify as if he were in attendance
upon asubpoena issued by the court.
Sec. 8. Compelling attendance
- in case of failure of the witness to attend, the judge may
issue a warrant to the sheriff of the province or his
deputy to arrest the witness and bring him before the
court or officer where his attendance is required.
- the cost such warrant and seizure shall be paid by the
witness, if the court can prove that shall determine that
his failure to answer the subpoena was willful and
without just cause.
Sec 9. Contempt
- failure to obey a subpoena duly served constitutes
indirect contempt.
- 2 modes of commecing proceedings for indirect
contempt:
1. Motu proprio by the court by issuing an order
requiring respondent to show cause why he should not be
punished for contempt.
2. A verified petition charging indirect contempt,
complying with the requirements for filing initiatory
pleadings
Release of respondent
- when the public interest will not be prejudiced by his
release
Sec. 10 exceptions
- shall not apply to:
1. a witness who resides more than 100 km from his
residence to the place where he is to testify.
2. A detention prisoner if there is no permission by the
court.
Rule 22 - computation of time

Sec.1. How to compute time

- the day of the act or event from which the designated
period of time commence to run is to be excluded and
date of performance included.
- if the last day of the period falls on a sat or sun or legal
holiday, the time shall not until the next working day.
- exclude the first, include the last

Sec. 2. Effect of interruption

- the allowable period after such interruption shall start to
run on the day after notice of the cessation of the cause
thereof.
- the day of the act that cause the interruption shall be
excluded in the computation of the period.