Rule 30 Trial pleadings of the parties which are in good

faith controverted.
 Trial Exceptions:
 It is the judicial examination and 1. Judgment by default if the court
determination of the issues between does not require the claimant to
the parties to the action. submit evidence. (ROC, Rule 9,
 A trial is the judicial process of Sec.3)
investigating and determining the 2. Non-compliance or insufficient
legal controversies between or among compliance with an order for a bill
the parties. of particulars and the court strikes
 The period of the trial terminates out the pleading of the disobedient
when the judgment begins. (Acosta v. party. (ROC, Rule 12, Sec.4)
People) 3. Where the action is dismissed with
prejudice upon motion on the
 Trial vs. Hearing ground or res judicata, prescription,
Trial Hearing unenforceability under the statute
A stage of a civil Embraces several of frauds, or that the plaintiff’s claim
case where the stages of litigation has been paid, waived, abandoned
parties present such as pre-trial or otherwise extinguished. (ROC,
evidence in support and the Rule 16, Sec.5)
of their respective determination of 4. Dismissal of the Action with
claims or defenses granting and prejudice under the 2-dismissal rule
denying a motion (ROC, Rule 17, Sec.1)
Follows the order Does not follow the 5. Dismissal of the Action with
of trial under ROC, order of trial prejudice on motion of the plaintiff
Rule 30, Sec. 5 or due to the fault of the plaintiff.
Examination of There need not be (ROC, Rule 17, Sec.2 and3)
witness and offer an examination of 6. Failure to attend at pre-trial or to
of evidence in open witnesses or offer submit a pre-trial brief where the
court on the date of evidence; parties case is dismissed with prejudice.
set for trial is are simply given (ROC, Rule 18, Sec.5 and 6)
required. the opportunity to 7. Refusal to answer any written
be heard through interrogatory and to comply with an
submission of order under Rule 27 or 28 where the
arguments on court strikes out the pleading of or
questions of facts renders a judgment of default
and evidence on against the disobedient party. (ROC,
questions of law Rule 29, Sec.3 and 5)
8. When a party or an officer or
 Exceptions to No Trial managing agent of a party willfully
General Rule: Judgment should be rendered fails to appear before the officer to
without trial on the material facts in the take his deposition despite notice
and the court strikes out the
pleading of or renders a judgment of
 default against the disobedient
party. (ROC, Rule 29, Sec.5)
9. Judgment on the pleadings. (ROC,
Rule 34)
10. Full Summary Judgment (ROC, Rule
35)
11. Judgment based on situation of
facts. (ROC, Rule 30, Sec.6)
12. Judgment based on Compromise
(Civil Code, Art. 2037)
13. Judgment by Confession (Rule 36)
14. Judgment in civil cases governed by
the Revised Rules on Summary
Proceedings.
Section 1. Notice of Trial
 Upon entry of the case in the trial
calendar, the clerk of court shall notify
the parties of the date of trial in such
manner as to ensure its receipt at least
five (5) days before such date.
Section 2. Adjournments and
Postponements
 Postponement is not a matter of right.
The denial and granting of such is
addressed to the sound discretion of the
court
 It should be predicated on the
consideration of mere convenience, the
ends of justice should be served
thereby.
General Rule: A court may adjourn a trial
from day to day, and to any stated time, as
the expeditious and convenient transaction
of business may require.
Exception: No power to adjourn a trial for:
1. A period longer than 1 month for
each adjournment; nor
2. More than 3 months in all, EXCEPT
when authorized in writing by the
Court Administrator.
 A motion for postponement should not
be filed on the last hour especially when
there is no reason why it could not have
been presented earlier.
Section 3. Requisites if Motion to Postpone
Trial for Absence of Evidence
 Trial may be postponed on the ground
of absence of evidence upon
compliance with the following:
(a) A motion for postponement must be
filed;
(b) The motion must be supported by
an affidavit showing the:
a. materiality or relevancy of
the evidence, and
b. that due diligence has been
used to procure it (Sec. 3,
Rule 30, Rules of Court).
 If the adverse party admits the facts to
be given in evidence, the trial shall not
be postponed even if he reserves the
right to object to the admissibility of the
evidence.
NOTE: This section DOES NOT apply to
criminal cases as the rule on
postponements in criminal cases is
governed by Rule 119.
Section 4. Requisites of Motion to
Postpone Trial for Illness of Party or
Counsel
 Trial may be postponed on the ground
of illness of either party or counsel by
complying with the following:
(a) A motion for postponement must be
filed;
(b) The motion must be supported by
an affidavit or sworn certification
showing that (1) the presence of the
party or counsel at the trial is
 indispensable, and (2) that the  This the general rule. The order of trial
character of his illness is such as to is:
render his non- attendance a. subject to the provisions of Sec.
excusable (Sec. 4, Rule 30, Rules of 2 of Rule 31; and
Court). b. unless for special reasons the
court otherwise directs
Section 5. Order or Trial  Thus, the normal order of trial may be
 Trial is required only if there are triable modified if the court, in furtherance of
issues. Otherwise, it would be proper for convenience and to avoid prejudice,
the court to render judgment on the orders a separate trial of any claim,
pleadings (ROC, Rule 34) cross-claim, counterclaim, or third-party
 The court shall define and limit the complaint.
triable issues in the pre-trial order in  It may also order, for the same reasons,
order to prevent manifest injustice. a separate trial of any separate issue or
(ROC, Rule 18, Sec. 7) of any number of claims, cross-claims,
counterclaims, third-party complaints or
ORDER OF TRIAL issues (ROC, Rule 31, Sec2).
Plaintiff presents evidence  Under the same rule, the court may
likewise order a modification of the
order of trial if it so directs for “special
Defendant Defendant flies reasons.”
presents demurrer to
evidence to evidence
support his
Section 6. Agreed Statements of Fact
defense/counter  This is known as STIPULATION OF FACTS
claim/cross- and is among the purposes of a pre-trial
claim/third-party Granted: Court
complaint renders  The parties to any action may agree, in
dismissal writing, upon the facts involved in the
litigation, and submit the case for
Third-party Denied: Court judgment on the facts agreed upon,
defendant continues with without introduction of evidence
presents
evidence, if any
the hearing
 The agreed stipulation of facts must be in
writing. However, the parties may also
be bound by agreements made orally
Parties against After
whom a
before the judge during the pre-trial
presentation of
counterclaim or evidence: hearing because the parties are thereby
cross-claim is 1. Oral considered to have made a judicial
pleaded presents arguments
evidence in their
admission.
2. Submission of
defense Memoranda  An admission, verbal or written, made by
a party in the course of the proceedings
in the same case, does not require proof.
Rebuttal (ROC, Rule 129, Sec.4)
evidence by
parties
DECISION  The making of an oral stipulation of facts
is only allowed in civil cases.
 In criminal cases, the agreed stipulation
of facts must at all times be in writing
signed by both the accused and his
counsel; otherwise the accused could
not be bound thereby. (ROC, Rule 118,
Sec.2)
 Stipulation of facts are not permitted in
actions for annulment of marriage and
for legal separation (FC, Art. 48)
Section 7. Statement of Judge
 During the hearing or trial of a case any
statement made by the judge with
reference to the case, or to any of the
parties, witnesses or counsel, shall be
made of record in the stenographic
notes.
b. Ex-parte hearings; or
c. In any cases where the
parties agree in writing;
2. The reception of evidence shall be
made only by the clerk of that court
who is a member of the bar; and
3. Said clerk shall have no power to
rule on objections to any questions
or to admission of evidence or
exhibits; and
4. He shall submit his report and
transcripts of the proceedings,
together with the objections to be
resolved by the court, within 10 days
from the termination of the hearing.

Section 8. Suspension of Actions

 Under Art. 2030 of the Civil Code, every
civil action or proceeding shall be
suspended:
1. If willingness to discuss a
possible compromise is
expressed by one or both of the
parties; or
2. If it appears that one of the
parties, before the
commencement of the action or
proceeding, offered to discuss a
possible compromise but the
other party refused the offer.

Section 9. Judge to Receive Evidence;

Delegation to Clerk of Court

General Rule: The judge shall personal

receive and resolve the evidence to
adduced by the parties.
Exception: The reception of such evidence
may be delegated by the judge to the clerk
of court under the ff. conditions:
1. The delegation is made only in:
a. Default proceedings;