Birds Eye view of Pre-trial

 Preliminary conference
o The parties mark their exhibits (documentary)
o Or sometimes the judges may deputize the commissioner to handle the marking of the
exhibits with the admonition that only the original or duplicate original or authenticated
copy can be marked as evidence
 Marking can be provisional in character
o A party can manifest during the marking that the original copy is not yet available for
marking
o Foreign doc not yet authenticated
o Can make a manifestation that it is a provisional marking
o Exhibit A-PROV
 There are judges that allow and also disallow - there is always that catch all provision
Section 5(g) of 135 where trial court maintains its inherent power to amend its
processes in furtherance of justice
 First order: are the parties in attendance/ represented?
 DECISIONS depend on the facts of the case - no hard and fast rule - must show that there is a
deliberate intent on the part of the plaintiff to delay - AM seems to say that the COC has also the
duty to send the notice of hearing
 Pre-trial proper
o Make it general and all encompassing, because there are issues that crop up during the trial
(this is for the formulation of the issues)
o Not intendended to be a catalogue for all possible issues
 Cases
o Pre trial order should be morei mportant than pre trial brief
o Just state the reason why you could have not stated the name during the pre-trial
conference
 Judicial dispute resolution
o If judge handling case is same with here, parties can agree
 PCIC
o Not the time, where do you draw the line?
o After the last pleading has been filed and served
 For case to case
o Merits of the case
o And the valid reasons for non appreance
 Balatico Test
o Whether or not there are people not included in the

MODES OF DISCOVERY
 DEPOSITION
o RP v SB (Tantoco)

DEMURRER TO EVIDENCE

RULE 39 - EXECUTION OF JUDGEMENT

 Execution as a matter of right
 Discretionary execution
o Rules have strict requirements before the execution can be granted
 o Like if patently dilatory, pending appeal, not justify discretionary execution
o Not only available in the RTC
 Also be availed in the appelate courts
o Latorre v latorre
 Tells different modes of appeal MTC to RTC as a matter of right
 RTC to CA - original juris - matter of right
 RTC to A - appelate juris - pet for review - not as a matter of right like 43 and 45
o Remedy for discretionary
 Supersedeas bond, surety must be notified
 Like a counter attachment bond
 Takes the place of the property attached
 In the event of a favorable judgement of plaintiff, he can proceed against the
counterbond with a notice of hearing etc - to the surety is necessary
 But no need for prior demand because filing of a motion is already judicial
demand
o Section 5
 Pending appeal, executed, but later on is reversed, rules provide for a mode of
restitution for damages suffered by the plaintiff judgement creditor
o Section 6
 Judgement becomes final and executory - execute, within 5 years
 WITHIN 10 YEARS ACTION TO REFILE
 Period to execute refiled another 5-10 years
o Section 7
 Judgement obligee dies, judgement enforced against estate admin or executor or
successors in interest
 Judgement debtor dies; can be executed by the executor/ successor in interest
 Recovery of personal/ lien
 Judgement debtor dies AFTER LEVY OF EXECUTION - levy will be respected ad will be
proceeded against to satisfy monetary judgement
o Section 9
 Money judgement
 Immediate payment cash etc
 Canot immediately levy because the defendant judgement debtor or plaintiff if
counter claim can opt to pay the amount of judgement like in cash
 How enforced

 Remedy for WOE - grave abuse = 65, plus TRO and WPI - different from what's stated in the
decision
 Memorandum decision
o Appellate will just adopt the previous court rendering the judgement evidence is based on
the fact of the case
 IF NOT EXECUTED 10 YEARS - PRESCRIBED
 JUDIIALLY APPROVED COMPROMISE AGREEMENT IS IMMEDIATELY EXECUTORY
 RECONVEYANCE = IN PERSONAM
 FILE DISCHARGE IF SOBRA YUNG PERA NA PAMBAYAD SA JUDGEMENT DEBT
 May ALIAS WRIT OF EXECUTION PALA HOMAYGAYD - FOR THE CREDITOOOOOR REMEDY
 AMEND THE DECISION - TO CONFORM THE DISPOSITIVE PORTION
 Void = no jurisdiction (subject matter)
  Repurcussion for non-compliance with the compromise agreement - entitle the aggrieved party to
a writ of execution - IMMEDIATELY EXECUTORY
 Existence of good reasons justifying - previailng party reason outweighs the injury of the other
party
 Writ of possession is EX PARTE
 Imporper recourse to allow them to opposotion - stage of seeking writ of possession mortgagor
borrower has no personality to appaer in the proceedings are ex parte

CERTIORARI AND PROHIBITION

 READ GR 207145 - July 28, 2015 - Cawad et. al. v. Abad et. al.
READ GR 172299 - April 22, 2008