Civil Procedure: Module 5

Question 1

what is a pre-trial?

Answer 1

a procedural device by which the court is called upon after the filing of the last pleading to compel the parties and their lawyers to appear before the court and negotiate an amicable settlement.

it is a procedural device intended to clarify and limit the basic issues between the parties.

Question 2

true or false: pre-trial is part of the hearing.

Answer 2

true.

Question 3

when is a pre-trial conducted by the court?

Answer 3

a. upon receipt of an Answer to the complaint which is a responsive pleading

b. the pre-trial date should not be more than 60 days from the filing of the last responsive pleading.

Question 4

what is the purpose of a pre-trial?

Answer 4

to simplify the issues and lay down the rules before proceeding to a full-blown trial.

Question 5

true or false: pre-trial is not mandatory.

Answer 5

false. pre-trial is mandatory and should be terminated promptly.

Question 6

what happens in case there is failure without just cause of a party and counsel to appear during the pre-trial despite notice?

Answer 6

this shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution.

Question 7

what happens in case of failure without just cause of a party and/or counsel to bring the evidence required?

Answer 7

this shall be deemed a waiver of the presentation of the evidence.

Question 8

true or false: at the start of the preliminary conference, the judge is mandated to refer to the parties and/or their counsels to the mediation unit of the Philippine Mediation Center for purposes of mediation.

Answer 8

true.

Question 9

what is the nature and purpose of a pre-trial?

Answer 9

1. to discuss the possibility of an amicable settlement or of a submission to alternative modes of dispute resolution.
2. simplification of the issues
3. possibility of obtaining stipulations or admission of facts and of documents to avoid unnecessary proof.
4. limitation of the number and identification of witnesses and setting of trial dates.
5. advisability of a preliminary reference of issues to a commissioner.
6. propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefore exist.
7. the requirement for the parties to: (a) mark their
   respective evidence if not yet marked in the judicial
   affidavits of their witnesses and (b) examine and
   make comparisons of the adverse parties’ evidence
   vis-à-vis the copies to be marked

Question 10

where should the parties be referred to after the pre-trial and the issues are joined?

Answer 10

the parties will be referred for mandatory court-annexed mediation.

Question 11

true or false: the parties should always be referred to the judicial dispute resolution after their mandatory court-annexed mediation.

Answer 11

false. only if the judge of the court to which the case was originally raffled is convinced that settlement is still possible, the case may be referred to another court for judicial dispute resolution.

Question 12

true or false: the judge can allow the termination of a pre-trial simply because of a manifestation of the parties that they cannot settle the case.

Answer 12

false. the judge should not allow the termination of a pre-trial simply because of a manifestation of the parties that they cannot settle the case.

Question 13

who could be considered a commissioner?

Answer 13

someone who is considered to be an expert.

Question 14

what is the job of a commissioner?

Answer 14

to determine the facts of the case.

Question 15

what happens when the judge, during the pre-trial, finds out that there is no more valid issue to be resolved?

Answer 15

the judge may render judgment on the pleadings or resort to a summary judgment.

Question 16

what happens when the judge, during the pre-trial conference, finds out that the case filed by the plaintiff has already prescribed?

Answer 16

the court may out rightly dismiss the case.

Question 17

true or false: under the rules, a machine copy is still admissible as evidence in court.

Answer 17

true.

Question 18

to whom does the sheriff serve the notice of pre-trial?

Answer 18

to the lawyer of the plaintiff and the defendant.

Question 19

what is the effect of lack of notice of pre-trial?

Answer 19

lack of notice of the pre-trial voids a subsequently issued decision.

Question 20

what should be stated in the notice to pre-trial?

Answer 20

a. date

b. time

c. place

Question 21

what are the exceptions to the appearance of parties?

Answer 21

1. Acts of God
2. force majeure
3. duly substantiated physical inability

Question 22

a representative may appear on behalf of a party, but must be fully authorized in writing to do what acts?

Answer 22

1. enter into amicable settlement
2. submit to alternative modes of dispute resolution
3. to enter into stipulations or admissions of facts and documents.

Question 23

true or false: written authority must be issued together with the party’s reasons for non-appearance to the pre-trial.

Answer 23

true.

Question 24

what is the effect of failure to appear for the plaintiff?

Answer 24

dismissal with prejudice.

Question 25

what is the effect of failure to appear for the defendant?

Answer 25

plaintiff will be allowed to present his evidence ex parte.

Question 26

true or false: an order dismissing an action with prejudice is not appealable.

Answer 26

false. an order dismissing an action with prejudice is appealable.

Question 27

what is the general rule on the termination of the pre-trial?

Answer 27

a second pre-trial cannot be granted, the remedy is to go to trial.

Question 28

what is the exception on the rule regarding the termination of the pre-trial?

Answer 28

a second pre-trial can be authorized only if the parties themselves had voluntarily agreed that the case be set anew for pre-trial.

Question 29

what is an intervention?

Answer 29

a legal proceeding by which a third person, who
is not originally impleaded in the action, is permitted by the court
to become a party by intervening in a pending action after
meeting the conditions and requirement set by the Rules of
Court.

Question 30

what are the grounds for intervention?

Answer 30

The intervenor has a legal interest on the matter under
litigation.

2. The intervenor has a legal interest in the success of either
   of the parties.
3. The intervenor has a legal interest against both.
4. The intervenor 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.

Question 31

what are the exceptions to intervention?

Answer 31

1. allowed on appeal for indispensable parties
2. when the intervenor is the Republic
3. allowed after judgment where necessary to protect some interest which cannot otherwise be protected
4. class suit

Question 32

true or false: intervention is merely collateral or accessory or ancillary to the principal action and not an independent proceeding.

Answer 32

true.