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Remedial Law 1> Rule 31 > Consolidation
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REPUBLIC v. v. HEIRS OF ENRIUE ORIBELLO! ORIBELLO! "R.
#OC$RINE% Consolidation is a procedural device to aid the court in deciding how cases in it
docket are to be tried so that the business of the court may be dispatched expeditiously and with economy while providing justice to the parties. In the context of legal procedure, the term “consolidation” is used in three different senses !"#$uasi%consolidation& !'#(ctual Consolidation& !)#Consolidation for *rial.
+ince each action does not lose its distinct character, severance of one action from the othe not necessary to appeal a judgment already rendered in one action. *here is no rule or law prohibiting the appeal of a judgment or part of a judgment in one case which is consolidated with other cases. F&C$S% •
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Civil Case o. '))%-%" !for recovery of possession# % filed by /ribello against (pog +an 0uan, the actual occupants Civil Case o. ''1%-%' !for reversion of property# % filed by the 2epublic +eptember "', "3 /rder 2epublic deemed to have abandoned the case. 4 interlocutory as ruled by the +C 5ebruary '", '--1 /rder 6ismissed the consolidated cases without prejudice for no substitution of deceased plaintiff !/ribello# and his counsel. 0une ', '--1 /rder *rial court allowed the continuation of 2epublic7s presentation o evidence. 0uly "', '--8 /rder 6ismissed case.
*he present controversy involves a parcel of land situated in /longapo City, which was once classified as forest land by the 9ureau of 5orest 6evelopment. *he property was originally occupied by a certain :alentin 5ernande; !:alentin# in "8< by virtue of a 2esidential =ermit issued by the same government office. >pon :alentin7s death, his son, /dillon 5ernande; Free Foron 30this Days Sign up to vote title?atilde (pog !/dillon#, continued to occupy the property, together with Read spouses 2uperto and Useful Not usefulwho, later on +ometime in "8, /dillon sold the property to a certain ?rs. 5lorentina 9alcita Cancel anytime. the same property to /ribello. Special offer forsold students: Only $4.99/month.
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that there were no other claimants to the property and that /ribello was the actual occupant thereof, when the contrary was true.
*he /+B, representing petitioner, instituted a complaint for reversion and cancellation of title before the 2*C. *he case was thereafter consolidated with Civil Case o. '))%-%", a complaint for recovery of possession filed by /ribello against (pog and +an 0uan.
2*C dismissed the consolidated cases without prejudice for non% substitution of the decease plaintiff !/ribello# and his counsel. =etitioner moved for reconsideration, contending that the /rder applied exclusively to Civil Case o. '))%-%" !for recovery of possession# and did no affect Civil Case o. ''1%-%' !for reversion of property#. 2*C allowed the continuation of th presentation of petitioner7s evidence.
(ggrieved, /ribello7s heirs filed a ?anifestation and ?otion, bringing to the attention of the t court the previous "' +eptember "3 /rder declaring petitioner to have abandoned the reversion case. /ribello7s heirs pointed out that from the time petitioner received the /rder in "3, it did nothing to uestion the same, making the /rder final. 2*C finding merit in defendants7 ?otion and ?anifestation, the /rder dated ' 0une '--1 granting the ?otion for 2econsideration filed by the +olicitor Beneral is recalled and the above%entitled case is 6I+?I++@6.
*he C( denied petitioner7s appeal ruling “that the remedy of appeal is no longer available” to petitioner and that petitioner has lost its right to participate in the proceedings of Civil Case You're a Preview ''1%-%' when it failed to uestion the trialReading court7s "' +eptember "3 /rder, declaring it to have abandoned the case. (s a conseuence of petitioner7s inaction, such order inevitably Unlock full access with a free trial. became final.
Download With Free =etitioner contends that the "' +eptember "3 /rder ofTrial the trial court, deeming it to have abandoned the case, is interlocutory in nature& thus, is not appealable. 2espondents argue otherwise, maintaining that such /rder is a dismissal of the complaint on the ground of failur prosecute which is, under the 2ules, considered an adjudication on the merits, and hence appealable.
Master your semester with Scribd ISSUE% Read Free Foron 30this Days Sign up to vote title & The New York Times Useful Not useful Dhether the consolidated cases, without any order of severance, cannot be subject of multip Special offer for students: Only $4.99/month.
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!"# Dhere all except one of several actions are stayed until one is tried, in which case judgment in the one trial is conclusive as to the others. *his is not actually consolidation b referred to as such. !uasi%consolidation# !'# Dhere several actions are combined into one, lose their separate identity, and be a single action in which a single judgment is rendered. *his is illustrated by a situation wh several actions are pending between the same parties stating claims which might have been out originally in one complaint. !actual consolidation#
!)# Dhere several actions are ordered to be tried together but each retains its se character and reuires the entry of a separate judgment. *his type of consolidation does merge the suits into a single action, or cause the parties to one action to be parties to the ot !consolidation for trial#
In the present case, the complaint for reversion filed by petitioner !Civil Case o. ''1%was consolidated with the complaint for recovery of possession filed by /ribello !Civil Case '')%-%"#. Dhile these two cases involve common uestions of law and fact, each ac retains its separate and distinct character. *he reversion suit settles whether the subject will be reverted to the +tate, while the recovery of possession case determines which pri party has the better right of possession over the subject property. *hese cases, invo different issues and seeking different remedies, reuire the rendition and entry of sepa judgments. *he consolidation is merely for joint trial of the cases. otably, the complain recovery of possession proceeded independently of the reversion case, and was dispose accordingly by the trial court.
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+ince each action does not lose its distinct character, severance of one action from the o Unlock full access with a free trial. is not necessary to appeal a judgment already rendered in one action. *here is no rule or prohibiting the appeal of a judgment or part of a judgment in one case which is consolida Download Withsound Free Trial with other cases. 5urther, severance is within the discretion of the court for convenie or to avoid prejudice. It is not mandatory under the 2ules of Court that the court sever one c from the other cases before a party can appeal an adverse ruling on such case.
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