RULE 31
REM 1 BRONDIAL
RULE 31
(BRONDI)
Rule 31 is severance and
consolidation. First, remember that these two
remedies or these two modes does bot
opposite each other because they have
different subject matter, okay? Severance
means that you have to try a case consisting of
several causes of action separately. So we
studied joinder of causes of action. If the court
tries causes of action and then renders a
judgment thereon and then the second cause
of action renders a judgment thereon, this is
what you call severance. Or, you try the
causes of action of the plaintiff render a
judgment thereon, then you try the
counterclaims and render a judgment thereon,
you try the cross-claim and render a judgment
thereon, and then finally, you try the last, you
try the fourth or intervention, yan ang ibig
sabihin ng severance. Ito ay ibang iba sa
consolidation, okay?
Now, what is the limitation in
severance? You cannot execute that several
judgments,ang tawag nyan several judgment
or several judgment under rule 36. You will
note that in Rule 36, you have here the
appellate judgment, several judgment in these
separate judgment and several judgment, the
limitation is that you cannot execute them as a
matter of right. Kahit tapos na yon, hindi pa
tapos yung buong case. Thats why, if ever
they will be executed, it will be done by
discretion, so it is execution pe ding appeal,
not under Section 1 but under Section 2 of
Rule 39. Pero ano itong consolidation?
These consolidation refers to several cases,
pending before several courts, under the same
jurisdiction, which you bring together for
purposes of one trial. The only requirement
there is commonality of fact or law. In other
words, common question of fact or law. So,if
we have to illustrate that, for example, in the
first case is ito ang number 1:
A vs B pending before RTC Branch 5, Quezon
City. Then you have the second case, B vs. A
pending before the RTC Branch 10, Manila.
Then you have the third case, C vs. D and A
pending before RTC Branch 56, Caloocan.
Can you consolidate them? Different
parties yan. Can you consolidate them? YES.
The only requirement os commonality of fact
or law. Yan lang. A very good example of this
is a case regarding a vehicular accident. I have
the occasion to handle that case. Tingnan nyo,
Quezon City, Manila and Caloocan. You can still
consolidate that. But suppose there is a fourth
case:
A and B vs. C, MTC Branch 2, Manila
Can you consolidate this with the
three other cases? NO. Why? Because this is
an issue of jurisdiction. So, if this is an issue of
jurisdiction, you cannot.
Take note, these are under the same
jurisdiction, RTCs, okay? But if it is MTC, MTC
lahat.
Venue is not an obstruction.
Venue will not disqualify consolidation. It
is only a matter of venue, Manila, Quezon City,
Caloocan. Is this a matter of right? NO. In
other words, if A or B or C or D files a motion
for consolidation, can he demand that this
should really be consolidated? NO. Titingnan
ng court. But where do you have to file it
incidentally? If these cases are dated, the
lowest numbered case. Kasi, ang ibig sabihin
ng lowest number, you must be reading your
book, ang ibig sabihin non the case was first
filed. So that if the case here, if the third case
was first filed,then you file your motion for
consolidation with the RTC of Caloocan.
Ang mga judges kapag nakatanggap
ng motion for consolidation, they will easily
grant it because it is less case. You file file it
Caloocan RTC, copy furnish Branch 10 Manila,
these two will never object because that is one
case less from their docket. Ang pwede mag
object itong kung saan mo ifa file because that
is two more additional cases, although the
objective is that there should only be one trial.
So you try all these case. That's why you have
there in your book regarding the different
kinds of consolidation.
One form of consolidation is that it is
just a matter of pleadings. So when you
prepare a pleading, let's say a motion, doon sa
caption ilalagay mo ito: first case, second case
and third caseinyour caption. Can you imagine
a caption, diba? So ito nalang, RTC Branch 56
Caloocan, and then you put A vs. B Civil Case
number ___, then B vs. A Civil Case number
____, then C vs. D Civil Case Number ___, yun
ang ilalagay mo. Then the court,if it is
consolidated can now arrange sino ba ang
witnesses? Ito. Then they can now arrange,
ikaw you are going to testify. Kasi a common
question of fact and law. Ang nangyari dito sa
akin, hindi sa akin personally ha, as a lawyer,
yung vehicular accident sa Sorsogon sa Bicol
nagkaroon ng accident ang daming namatay
about 9 or 10 ang namatay, jeep amd bus. So
yung ibang heors ng decedent are from
Sorsogon, yung iba from legaspi, yung iba
naman dito sa Manila. They filed cases for
damages against the bus transportation,so iba
iba yun. May clients were from Quezon City,
they filed a case against the bus company in
Quezon City. So fortunately, sila yung lowest
number, so I filed a motion for consolidation.
Yung kaso sa Sorsogon at yung kaso sa
Legaspi na consolidate dito sa Quezon City. In
fact we won that case but we were not able to
execute. Why? We won thousands for our
client. We were not able to execute kasi it took
about 7 to 8 years to finish by that time nanalo
man kami wala na yung transportation
company. Nawala na. Yung isang co-counsel ko
sabi nya maghanap tayo pare ng bus kung
saan para ma levy natin. Sabi ko sige
maghanap ka ako okay na yun wala na. So
mga ganyan. It took so much time.
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Always remember that if it is a matter
of jurisdiction, you cannot consolidate if it is a
RULE 31
REM 1 BRONDIAL
matter of jurisdiction. Okay? So that's rule 31.

(GING)

Severance and consolidation are not

opposites.

Consolidation = consolidate cases

provided there is a common question of
fact or law; commonality of
parties/parties-of-interest; issue of
jurisdiction = bars consolidation

Severance = look at joinder of causes of

action; Either join the causes of action or sever
them.

Example: Case no. 1 = A v B,

RTC MLA, Br. 1 Case no. 2 = B
v A, Br. 2
Case no. 3 = A v B and C,
RTC CAL, Br.1 Case no. 4
= B v A and C, RTC QC,
Br. 1
Can you consolidate them? Yes. However if
there is a case pending before, say, the MTC
of Marikina, you cannot consolidate it, as
there is an issue of jurisdiction. But venue is
not a bar to consolidation. What is a bar is
the issue of jurisdiction.

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