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Interlocutory and incidental orders.
SEC. 123. Interlocutory and incidental orders. — No interlocutory or incidental ruling, order, or judgment of the Court of First Instance shall stay the progress of an action or proceeding therein pending, but only such ruling, order, or judgment as finally determines the action or proceeding; nor shall any ruling, order, or judgment be the subject of appeal to the Supreme Court until final judgment is rendered for one party or the other.
Judgment in case of several plaintiffs or defendants.
SEC. 124. Judgment in case of several plaintiffs or defendants. — Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, and the court may, when the justice of the case requires it, conclusively determine the ultimate rights of the parties on each side, as between themselves, and may require such parties to file adversary pleadings as between themselves.
Several judgments.
SEC. 125. Several judgments. — In an action against several defendants the court may in its discretion, render judgment against one or more of them, upon default or confession, or otherwise leaving the action to proceed against the others whenever a several judgment is proper. The court may, in its discretion, order execution to issue upon such several judgment.
Kind of relief to be granted.
SEC. 126. Kind of relief to be granted. — The relief granted to the plaintiff, if there be no answer, can not exceed that which he shall have demanded in his complaint; but, in any other case, the court may grant him any relief consistent with the case made by the complaint and supported by the evidence and embraced within the issue, requiring the necessary amendments.
Dismissal of actions.
SEC. 127. Dismissal of actions. — An action may be dismissed, with costs to the defendant, in the following cases: 1. By the plaintiff himself, by written request to the clerk filed among the papers in the case, at any time before trial, upon payment of the costs; provided a counterclaim has not been made, or affirmative relief sought by the cross complaint or answer of the defendant, or provided the judge shall not decide that the defendant has made such preparation for trial that it would be unjust to permit a dismissal without a trial on the merits; 2. By the court, when the plaintiff fails to appear at the time of trial, and the defendant appears and asks for the dismissal; 3. By the court, when the plaintiff fails, for an unreasonable length of time to prosecute his action. In either of these three cases a dismissal of the action shall not be a bar to another action for the same cause; 4. The court may also, in its discretion, allow a plaintiff to dismiss the action on payment of the costs after the trial has begun and at any time before final judgment, if the interests of justice so require, and in this case the dismissal shall not be a bar to another action for the same cause. The dismissal shall be entered on the docket of the court and shall be effective, when so entered, to end the action.
Default.
SEC. 128. Default. — In case a defendant fails to appear at the time required in the summons, or to answer at the time provided by the rules of court, the court shall, upon motion of the plaintiff, order judgment for the plaintiff by default which shall be entered upon the docket; and the court shall thereupon proceed to hear the plaintiff and his witnesses and assess the damages or determine the other relief to which the plaintiff may be entitled, including the costs of the action, and render final judgment for the plaintiff to recover such sum or to receive such other relief as the pleadings and the facts warrant. If the taking of a long account be involved in determining the amount to which the plaintiff shall be entitled, the court may, in its discretion, order a reference to some suitable person to take the account and report to the court, and upon the coming in of such report, such final judgment shall be rendered as the facts require.
Default on cross complaint.
SEC. 129. Default on cross complaint. — If the plaintiff fails to answer a cross complaint within the time limited by the rules of court, judgment by default may be entered against him upon that cross complaint and the same proceedings shall be had upon such default as though the cross complaint had been the original complaint.
Postponement.
SEC. 130. Postponement. — The court may, in its discretion, for cause, and with or without terms, postpone a trial from day to day, or to a stated time during the term of the court, or to the next succeeding term.
Adjournment.
SEC. 131. Adjournment. — Court may adjourn from day to day, and to any stated time, as the expeditious and convenient transaction of business may require.
Order of trial.
SEC. 132. Order of trial. — The trial must proceed in the following order, unless the judge, for special reasons, otherwise directs: 1. The plaintiff, after stating the issue and his case, must produce the evidence on his part; but he may read the complaint as his statement of the case, if the judge so directs; 2. The defendant shall then state his defense and offer his evidence in support thereof; but he may read his answer as his statement of defense, if the judge so directs; 3. The parties may then respectively offer rebutting evidence only, unless the court, for good reason, in the furtherance of justice, permits them to offer evidence upon their original case; 4. When the evidence is concluded, unless the parties on either side or both sides agree to submit it without argument, the plaintiff or his counsel may make the opening argument, the defendant or his counsel may follow, and the plaintiff or his counsel may conclude the argument. Two counsels may, if desired, be heard upon each side, but in the order herein prescribed; 5. If several defendants, having separate defenses, appear by different counsel, the court must determine their relative order in the evidence and argument, but in any event the plaintiff is entitled to the opening and closing argument.
Findings of facts.
SEC. 133. Findings of facts. — Upon the trial of a question of fact, the decision of the court must be given in writing and filed with the clerk; but the statement of facts must contain only those facts which are essential to a clear understanding of the issues presented and of the facts involved.
Agreed statement of facts.
SEC. 134. Agreed statement of facts. — The parties may, in any action or special proceeding, agree, in writing, upon the facts involved in the litigation, and require the judgment of the court upon the questions of law arising from such agreed statement of facts, without the introduction of testimony. The ruling and judgment of the court upon such agreed statement of facts shall be subject to exception, like all other rulings of the court. When an agreed statement of facts is entered into by the parties, no other finding of facts need be made by the court.
Reference.
SEC. 135. Reference. — By written consent of both parties, filed with the clerk, the court may order an action to be referred to one or more referees, to be agreed upon by the parties or to be appointed by the court.
Commission to referees.
SEC. 136. Commission to referees. — In such case, the clerk shall issue, under the seal of the court, a commission to the referees named, directing them to proceed with the trial of the action and to report the findings of law and fact to the court at or before a time named in the commission.
Oath of referees.
SEC. 137. Oath of referees. — Referees, before commencing the performance of their duty, shall be sworn to a faithful and honest performance thereof, and the fact that they have taken such oath shall be certified to on the commission by the authority administering the oath. The oath may be administered by the judge or clerk of the court or by any justice of the peace or notary public in the province.
Trial before referee.
SEC. 138. Trial before referee. — Trial may occur at any convenient place within the province, and the time and place for trial shall be fixed by the referee and reasonable notice thereof shall be given by him to the parties. The referee is hereby authorized to administer oaths to witnesses, and the trial before him shall proceed in all respects as though the same had been had before the court.
Report of referee.
SEC. 139. Report of referee. — Upon the completion of the trial, the referee shall report, in writing, to the court the facts found by him and all such of his rulings as the parties shall request him to report.
Hearing upon report.
SEC. 140. Hearing upon report. — Upon the filing of the report or as soon as conveniently may be thereafter, the court shall render judgment in accordance with the report, as though the facts had been found by the judge himself, unless the court shall, for cause shown, set aside the report, or order it to be recommitted to the referee for further findings.
Exceptions.
SEC. 141. Exceptions. — An exception is an objection upon a matter of law to a decision made by a court, tribunal, judge, or other judicial officer in an action or proceeding. Rulings of the court upon minor matters, such as adjournments, postponements of trials, the extension of time for filing pleadings or motions, and other matters addressed to the discretion of the court in the performance of its duty, shall not be subject to exception. But exception may be taken to any other ruling, order, or judgment of the court made during the pendency of the action in the Court of First Instance.
Manner of taking exceptions.
SEC. 142. Manner of taking exceptions. — The party excepting to the ruling, order, or judgment shall forthwith inform the court that he excepts to the ruling, order, or judgment, and the judge shall there upon minute the fact that the party has so excepted; but the trial shall not be delayed thereby. The exception shall also be recorded by the stenographer, if one is officially connected with the court.
Perfecting bill of exceptions.
SEC. 143. Perfecting bill of exceptions. — Upon the rendition of final judgment disposing of the action, either party shall have the right to perfect a bill of exceptions for a review by the Supreme Court of all rulings, orders, and judgments made in the action, to which the party has duly excepted at the time of making such ruling, order, or judgment. The party desiring to prosecute the bill of exceptions shall so inform the court at the time of the rendition of final judgment, or as soon thereafter as may be practicable and before the ending of the term of court at which final judgment is rendered, and the judge shall enter a memorandum to that effect upon his minutes and order a like memorandum to be made by the clerk upon the docket of the court among the other entries relating to the action. Within ten days after the entry of the memorandum aforesaid, the excepting party shall cause to be presented to the judge a brief statement of the facts of the case sufficient to show the bearing of the rulings, order, or judgments excepted to, and a specific statement of each ruling, order, or judgment that has been excepted to, for allowance by the judge. The judge shall thereupon, after reasonable notice to both parties and within five days from the presentation of the bill of exceptions to him, restate the facts if need be, and the exceptions, so that the questions of law therein involved, and their relevancy shall all be made clear, and when the bill of exceptions has been perfected and allowed by the judge, he shall certify that it has been so allowed and the bill of exceptions shall be filed with the other papers in the action, and the same shall thereupon be transferred to the Supreme Court for determination of the questions of law involved. A bill of exceptions may likewise be made to consist of the judge's findings of fact in his final judgment and a statement of all the exceptions reserved by the party desiring to prosecute the bill of exceptions, which shall be allowed and filed by the judge as above in this section provided. Immediately upon the allowance of a bill of exceptions by the judge, it shall be the duty of the clerk to transmit to the clerk of the Supreme Court a certified copy of the bill of exceptions, and of all documents which by the bill of exceptions are made a part of it. The cause shall be heard in the Supreme Court upon the certified copy of the bill of exceptions so transmitted.
Stay of execution.
SEC. 144. Stay of execution. — Except by special order of the court, no execution shall issue upon a final judgment rendered in a Court of First Instance until after the period for perfecting a bill of exceptions has expired. But the filing of a bill of exceptions shall of itself stay execution until the final determination of the action, unless for special reasons stated in the bill of exceptions the court shall order that execution be not stayed, in which event execution may at once issue. But the court may require as a condition of a stay of execution that a bond shall be given reasonably sufficient to secure the performance of the judgment appealed from in case it be affirmed in part or wholly.
New trial.
SEC. 145. New trial. — At any time during the term at which an action has been tried in a Court of First Instance, the judge thereof may set aside the judgment and grant a new trial, upon such terms as may be just, on the application of the party aggrieved, and after due notice to the adverse party and hearing, for any of the following causes, materially affecting the substantial rights of such party: 1. Accident or surprise which ordinary prudence could not have guarded against, and by reason of which the party applying has probably been impaired in his rights; 2. Newly discovered evidence, material to the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 3. Because the judge has become satisfied that excessive damages have been awarded, or that the evidence was insufficient to justify the decision, or that it is against the law.
Method of procedure in applications for new trial.
SEC. 146. Method of procedure in applications for new trial. — The application shall be made by motion in writing, stating the ground therefor, of which the adverse party shall have such reasonable notice as the judge may direct. When the application is made for a cause mentioned in the first or second subdivisions of the last section, it must be made upon affidavits, and counter affidavits from the adverse party may likewise be received; but the overruling or granting of a motion for a new trial shall not be a ground of exception, but shall be deemed to have been an act of discretion on the part of the judge within the meaning of the second sentence of section one hundred and forty-one.
Effect of granting a motion for a new trial.
SEC. 147. Effect of granting a motion for a new trial. — If a new trial shall be granted in accordance with the provisions of the two last preceding sections, the original judgment shall be vacated, and the action shall stand for trial de novo; but the recorded evidence taken upon the former trial, so far as the same is admissible and competent to establish the issues, shall be used upon the new trial without retaking the same.
Relief from judgments of subordinate tribunals, obtained by fraud, accident, or mistake.
SEC. 148. Relief from judgments of subordinate tribunals, obtained by fraud, accident, or mistake. — When a judgment has been rendered by a justice of the peace or any other subordinate tribunal, and any party to the action has been unjustly deprived of his day in court and an opportunity to be heard thereon, by fraud, accident, mistake, or excusable negligence, or has been prevented from entering an appeal from such judgment by fraud, accident, mistake, or excusable negligence, the Court of First Instance may, in its discretion, and on reasonable terms, reverse and set aside the judgment so rendered, and hear and determine the action and make the necessary orders therein, as if the same had been brought to the Court of First Instance by appeal, provided the party so aggrieved shall make application, as hereinafter provided, to the Court of First Instance, and within sixty days after he first knows that such judgment has been rendered against him. This section shall be liberally construed so as to prevent injustice.
Procedure to vacate such judgment.
SEC. 149. Procedure to vacate such judgment. — The person aggrieved by a judgment obtained in the manner stated in the preceding section may, within the time therein limited, file his complaint in the Court of First Instance of the province in which the original judgment was rendered, stating the fact of the rendition of such judgment and the circumstances constituting the fraud, accident, mistake, or excusable negligence relied upon as ground for relief, and praying that such judgment may be reversed and set aside and the cause be determined upon its merits. The party against whom the complaint is made shall be served with notice as in other actions pending in the Court of First Instance, and the trial shall proceed as in other actions in that court. If the court shall find that the facts set forth in the complaint are true and that the complainant is entitled to relief, the judgment complained of shall be reversed and set aside, and shall thereafter be of no validity, and the court shall proceed to hear and determine the action upon its merits, and make the necessary orders therein, as if the same had been regularly brought to said court by appeal.
Temporary injunction in such cases.
SEC. 150. Temporary injunction in such cases. — At the time of filing such complaint, or at any time thereafter before final hearing, the judge of the Court of First Instance in which the action is pending, may grant an injunction restraining the party in whose favor such judgment has been rendered, his agents and attorney and the justice of the peace or other inferior tribunal rendering the judgment, from any further proceedings to enforce the same until the further order of the court in the premises, which injunction shall be served in the manner provided by law for serving process; but the judge issuing such injunction shall, before issuing it, take from the party, upon whose application the same is granted, an obligation to the other party, with sufficient sureties, to be approved by the judge, conditioned that if the complainant fails to prosecute his complaint to effect, or finally to recover in such action, he will pay the adverse party the intervening damages and cost accruing to him by reason of the issue of such injunction, together with the amount of the original judgment, but such injunction shall not operate to discharge or release bail nor extinguish any lien which the party enjoined has acquired upon the property of the plaintiff by attachment or levy of execution. The damages, if any, accruing under this section shall be assessed by the judge and included in his final judgment in the action.
Final judgment in such proceedings.
SEC. 151. Final judgment in such proceedings. — If the plaintiff shall prevail in such action, the original judgment shall be reversed and vacated, and the defendant therein and the justice of the peace or other inferior tribunal that rendered the judgment shall be perpetually enjoined from any further steps to enforce the same. The costs of such proceedings shall be awarded in the discretion of the court, in such manner as justice requires.
Attendance of the justice.
SEC. 152. Attendance of the justice. — Upon the trial of an action instituted in pursuance of the four preceding sections, the justice of the peace or other subordinate magistrate or official who rendered the judgment complained of, shall attend and produce before the court all the papers in the original action, if required to do so by the judge.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).