P. Consolidation or Severance (Rule 31)

O. Consolidation and Severance (Rule 31)

> RULE 31 CONSOLIDATION OR SEVERANCE Section 1. Consolidation. – When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (1) Section 2. Separate trials. – The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third-party complaint, or of any separate issue or of any number of claims, cross[-]claims, counterclaims, third-party complaints or issues. (2)

Consolidation is Proper When:

• There are actions involving a common question of law or fact; and
• The actions are pending before the same court.

Severance, When Proper

The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third-party complaint, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party complaints or issues.

CONSOLIDATION

When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action. Nonetheless, the Amparo Rule shall govern the disposition of the relief under the Rule. (Rubrico v. Arroyo, G.R. No. 183871, 2010)

When a criminal action and a separate civil action are filed subsequent to a petition for a writ of amparo, the latter shall be consolidated with the criminal action. After consolidation, the procedure under this Rule shall continue to apply to the disposition of the reliefs in the petition. (Sec. 23, A.M. No. 07-9-12-SC)