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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
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