RULE 31

Consolidation or Severance

Section 1.Consolidation.

G.R. NOS. 175277 & 175285. September 11, 2013

UNICAPITAL, INC., UNICAPITAL REALTY, INC VS. RAFAEL JOSE CONSING

G.R.NO. 192073. September 11, 2013

RAFAEL JOSE CONSING, JR., vs., UNICAPITAL, INC.

Section 2.Separate trials.

Consolidation of Civil and Criminal Cases

See Section 2 (9) Rule 111

 Caños v. Peralta 115 S 843 August 19, 1982

 Naguiat v. IAC 164 S 505 August 18, 1988


TEST IS COMMON QUESTION OF FACT AND LAW

Active wood products Co. Inc. v. CA 181 S 774 February 5, 1990

Consolidation of Action and Proceedings when Consolidation Mandatory.

Consolidation and Severance

 Republic v. Mangrobang 371 S 20 Nov. 27, 2001

 Primicias v. Ocampo 93 Phil 446- trial with assessors

Feria

Rule 31 Consolidation or Severance

Consolidation

Consolidation distinguished from Permissive Joinder of Parties

 -Consolidation is proper when sweveral actions which involve a common question
of law or fact do not arise out of fact do not arise out of the same trnsaction or series
of transaction so as to permit permissive joinder of parties under Rule 6 section 3

When Consolidation of Proper

*PAL Ire v. Far Eastern Air Transaport v. Teodoro et al andCapitol Subdivision 97 Phil
461 (1955)

-provided one of such cases has not been partially tried.

* Raymundo v. Felipe 42 S 615(1971)

- Partly tried without need of retaking the Testimonies.

* Vallarcal Transit Inc. v. Yap 126 S 500(1983)

- Differrent Courts: Agusan and Muslims Oriented Courts

(Quasi- delict and Culpa Contractual)

Section 2 Separate Trials:

a) In view of the liberal provisions of the Rules Regards.

Joinder of Causes of Parties( Section 6, Rule 3), a single action may involve
several actions, some of which may affect only certain parties thereto. In such
case, separate trials may be held for type not affected.
b) Similarly, it is not necessary that a counter claim be in favor of all defendants
against all plaintiffs. It may be in favor of one defendant against one defendant.
Separate trial may be held in order that the other parties may not be put to
unnsecessay trouble and expense.
c)

Consolidation Distinguished from Severance

- Consolidation involves several action having common question of Law or fact

which may be jointly tried; while severance contemplates a single action
having a number of claims, counterclaims, cross claims, third- party
complaints, issues which may be separately tried.
 Rule 31 Consolidation

*Steel Corporation of the Philippines v. Equitable- PCI Bank , Inc. 635 S 403 Nov. 17,
2010.