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P OPOS D UL ON

UID LIN S TO B OBS V D

Y T IAL COU T JUDG S AND

L KS OF COU T IN TH

-ONDUCT OF P T IAL AND

-S OF D POSITION

ISCOV Y M ASU S

SOLUTION

-The use of pre trial and the-deposition discovery measures are

undeniably important and vitalcomponents of case management in

.trial courts To decongest court,dockets and to further implementthe

-pre trial guidelines laid down in. 3-99Administrative Circular No dated

15, 1999January and except asotherwise specifically provided for in

,other special rules the following

guidelines are issued for theobservance and guidance of trial:judges and clerks of court decongest

,court dockets and to further-implement the pre trial guidelines

laid down in Administrative Circular. 3-99 15, 1999No dated January and

except as otherwise specifically,provided for in other special rules

the following guidelines are issued forthe observance and guidance of trial

:judges and clerks of court

. - T IAL

. CIVIL CAS S

1. Within one day from receipt of the:complaint

1.1 Summons shall be prepared andshall contain a reminder to defendantto observe restraint in filing a motionto dismiss and instead allege the

grounds thereof as defenses in the, -Answer in conformity with !" #CA

$emorandum on "olicy %uidelines12, 2002.dated $arch A copy of the

summons is hereto attached as ;Annex A and

1.2 The court shall issue an orderre&uiring the parties to avail ofinterrogatories to parties under 'ule25 and re&uest for admission by

26adverse party under 'ule or at

their discretion make use of23depositions under 'ule or other27 28measures under 'ules and

within five days from the filing of the.1answer A copy of the order shall be

served upon the defendant togetherwith the summons and upon the

.plaintiff

(5)Within five days from date of filing,2of the reply the plaintiff must

promptly move ex parte that the

- .3case be set for pre trial conference f the plaintiff fails to file said motion

,within the given period the !ranch- .C#C shall issue a notice of pre trial

2. ,The parties shall submit at least(3) - , -three days before the pre trial pre

:4trial briefs containing the following

.a A statement of their willingness toenter into an amicable settlementindicating the desired terms thereof or tosubmit the case to any of the alternative

;modes of dispute resolution

.b A summary of admitted facts and;proposed stipulation of facts

. ;c The issues to be tried or resolved

.d The documents or exhibits to be, .presented stating the purpose thereof

(No evidence shall be allowed to bepresented and offered during the trial in

- -support of a party s evidence in chiefother than those that had been earlier

-identified and pre marked during the- ,pre trial except if allowed by the court

);for good cause shown

.e A manifestation of their having availedor their intention to avail themselves ofdiscovery procedures or referral to

;commissioners and

.f The number and names of the,witnesses the substance of their,testimonies and the approximate number

of hours that will be re&uired by theparties for the presentation of their

.respective witnesses

-A copy of the Notice of "re trialConference is hereto attached as Annex .!

-The rule on the contents of the pre trial.brief must strictly be complied with

The parties are bound by therepresentations and statements in their

- .respective pre trial briefs

3. -At the start of the pre trial,conference the judge shall immediately

/refer the parties and or their counsel ifauthori(ed by their clients to the "$Cmediation unit for purposes of mediation

.5if available ,f mediation fails the judge-will schedule the continuance of the pre

.trial conference ,!efore the continuance the Judge may refer the case to the!ranch C#C for a preliminary conferenceto assist the parties in reaching a

,settlement to mark the documents orexhibits to be presented by the partiesand copies thereof to be attached to therecords after comparison and to considersuch other matters as may aid in its

.6prompt disposition

,)uring the preliminary conference the!ranch C#C shall also ascertain from theparties the undisputed facts andadmissions on the genuineness and dueexecution of the documents marked as

. .exhibits The proceedings during thepreliminary conference shall be recorded

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in the $inutes of "reliminaryConference to be signed by both/ ,parties and or counsel the form of

.which is hereto attached as Annex .C

The minutes of preliminaryconference and the exhibits shall beattached by the !ranch C#C to the

- .case record before the pre trial

4. -!efore the continuation of the pre ,trial conference the judge must study

,all the pleadings of the case anddetermine the issues thereof and therespective positions of the partiesthereon to enable him to intelligentlysteer the parties toward a possible

, ,amicable settlement of the case or ,at the very least to help reduce and

.limit the issues The judge should not

-allow the termination of pre trialsimply because of the manifestationof the parties that they cannot settle

.the case *e should expose the- .parties to the advantages of pre trial

*e must also be mindful that thereare other important aspects of the

-pre trial that ought to be taken up to.7expedite the disposition of the case

, ,The Judge with all tact patience impartiality and with due regard to

the rights of the parties shallendeavor to persuade them to arrive

.8at a settlement of the dispute Thecourt shall initially ask the partiesand their lawyers if an amicable

.settlement of the case is possible f,not the judge may confer with the

parties with the opposing counsel to:consider the following

.a %iven the evidence of the plaintiff-presented in his pre trial brief to

,support his claim what manner ofcompromise is considered acceptableto the defendant at the present

?stage

.b %iven the evidence of the-defendant described in his pre trial

,brief to support his defense whatmanner of compromise is consideredacceptable to the plaintiff at the

?present stage

,f not successful the court shallconfer with the party and his counsel.separately

f the manner of compromise is not,acceptable the judge shall confer

with the parties without their counsel.for the same purpose of settlement

5. ,f all efforts to settle fail the trial:judge shall

.a Adopt the minutes of preliminary-conference as part of the pre trial

proceedings and confirm markings ofexhibits or substituted photocopies

and admissions on the genuineness and;due execution of documents

.b n&uire if there are cases arising outof the same facts pending before othercourts and order its consolidation if

;warranted

. .c n&uire if the pleadings are in order f, ;not order the amendments if necessary

.d n&uire if interlocutory issues are;involved and resolve the same

.e Consider the adding or dropping of;parties

.f Scrutini(e every single allegation of the,complaint answer and other pleadings

and attachments thereto and thecontents of documents and all other

-evidence identified and pre marked-during pre trial in determining further

.admissions of facts and documents To,obtain admissions the Court shall ask

the parties to submit the depositions23,taken under 'ule the answers to

25written interrogatories under 'ule andthe answers to re&uest for admissions by

26.the adverse party under 'ule t mayalso re&uire the production of documentsor things re&uested by a party under

27'ule and the results of the physical

and mental examination of persons28;under 'ule

.g )efine and simplify the factual and.legal issues arising from the pleadings

+ncontroverted issues and frivolous.claims or defenses should be eliminated

,,or each factual issue the/parties counsel shall state all the

evidence to support their positions. ,thereon ,or each legal issue /parties counsel shall state the applicable

law and jurisprudence supporting their.respective positions thereon f only legal

,issues are presented the judge shallre&uire the parties to submit theirrespective memoranda and the court can

;9proceed to render judgment

.h )etermine the propriety of rendering asummary judgment dismissing the casebased on the disclosures made at the

-pre trial or a judgment based on the,pleadings evidence identified and

- ;10admissions made during pre trial

.i Ask parties to agree on the specifictrial dates for continuous trial in

. 1-89accordance with Circular No dated19, 1989;January adhere to the case flow

,chart determined by the court whichshall contain the different stages of theproceedings up to the promulgation ofthe decision and use the time frame for

.each stage in setting the trial dates The- ,#ne )ay -xamination of Witness 'ule

,that is a witness has to be fully(1) ,examined in one day only shall be

strictly adhered to subject to the courts discretion during trial on whether or not

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/ -to extend the direct and or cross .examination for justifiable reasons #n

the last hearing day allotted for each,party he is re&uired to make his

formal offer of evidence after thepresentation of his last witness andthe opposing party is re&uired toimmediately interpose his objection

. ,thereto Thereafter the Judge shall

make the ruling on the offer of.evidence in open court *owever the

judge has the discretion to allow theoffer of evidence in writing in

35, 132;conformity with Section 'ule

.j )etermine the most importantwitnesses to be heard and limit the

(number of witnesses $ost mportant).Witness 'ule The facts to be proven

by each witness and the approximatenumber of hours per witness shall be

;fixed

. ,k At his discretion order the partiesto use the affidavits of witnesses asdirect testimonies subject to the rightto object to inadmissible portions

-thereof and to the right of cross .examination by the other party The

affidavits shall be based on personal,knowledge shall set forth facts as

,would be admissible in evidence andshall show affirmatively that the

affiant is competent to testify to the.matters stated therein The affidavits,shall be in &uestion and answer form

and shall comply with the rules on;admissibility of evidence

. /l 'e&uire the parties and or counselto submit to the !ranch C#C the

,names addresses and contactnumbers of the witnesses to be

;summoned by subpoena

.m #rder the delegation of thereception of evidence to the !ranch30;C#C under 'ule and

.n 'efer the case to a trial by32.commissioner under 'ule

- ,)uring the pre trial the judge shallbe the one to ask &uestions on issuesraised therein and all &uestions orcomments by counsel or parties mustbe directed to the judge to avoid

.hostilities between the parties

6. The trial judge shall schedule the-pre trial in the afternoon sessions

-and set as many pre trial.conferences as may be necessary

7. -All proceedings during the pre trial.shall be recorded The minutes of

-each pre trial conference shallcontain matters taken up thereinmore particularly admissions of facts

and exhibits and shall be signed by.the parties and their counsel

8. The judge shall issue the re&uired- (10)"re Trial #rder within ten days after

- .the termination of the pre trial Said,#rder shall bind the parties limit the

trial to matters not disposed of andcontrol the course of the action during

.the trial -A sample "re Trial #rder is .hereto attached as Annex )

,*owever the Court may opt to dictate-the "re Trial #rder in open court in the

presence of the parties and their counsel,and with the use of a computer shall

have the same immediately finali(ed and. , /printed #nce finished the parties and or

their counsel shall sign the same to.manifest their conformity thereto

9. The court shall endeavor to make theparties agree to an e&uitablecompromise or settlement at any stage

of the proceedings before rendition of.judgment

.

IMINAL CAS S

1. ,!efore arraignment the Court shallissue an order directing the publicprosecutor to submit the record of thepreliminary investigation to the !ranchC#C for the latter to attach the same to

.the record of the criminal case

Where the accused is under preventive,detention his case shall be raffled and

its records transmitted to the judge towhom the case was raffled within threedays from the filing of the complaint or

.information The accused shall bearraigned within ten days from the date

. -of the raffle The pre trial of his caseshall be held within ten days afterarraignment unless a shorter period is

.provided for by law

2. ,After the arraignment the court shall-forthwith set the pre trial conference

within thirty days from the date of, :arraignment and issue an order

( )a re&uiring the private offended party-to appear thereat for purposes of plea

bargaining except for violations of theComprehensive )angerous )rugs Act of2002, and for other matters re&uiring his

;presence

( ) ,b referring the case to the !ranch C#C ,if warranted for a preliminary conference

to be set at least three days prior to the-pre trial to mark the documents or

exhibits to be presented by the partiesand copies thereof to be attached to therecords after comparison and to considerother matters as may aid in its prompt

;disposition and

( )c informing the parties that no

evidence shall be allowed to bepresented and offered during the trialother than those identified and marked

-during the pre trial except when allowed

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.by the court for good cause shown Acopy of the order is hereto attached

. ,as Annex - n mediatable cases thejudge shall refer the parties and theircounsel to the "$C unit for purposes

.of mediation if available

3. ,)uring the preliminary conference the !ranch C#C shall assist the

parties in reaching a settlement of,the civil aspect of the case mark the

documents to be presented asexhibits and copies thereof attached

,to the records after comparison ascertain from the parties theundisputed facts and admissions onthe genuineness and due execution ofdocuments marked as exhibits andconsider such other matters as mayaid in the prompt disposition of the

.case The proceedings during the

preliminary conference shall berecorded in the $inutes of "reliminaryConference to be signed by both

. (parties and counsel "lease see )Annex !

The $inutes of "reliminaryConference and the exhibits shall beattached by the !ranch C#C to the

- .case record before the pre trial

4. -!efore the pre trial conference the

judge must study the allegations of,the information the statements in the

affidavits of witnesses and otherdocumentary evidence which formpart of the record of the preliminary

.investigation

5. - ,)uring the pre trial except forviolations of the Comprehensive

2002,)angerous )rugs Act of the trial-judge shall consider plea bargaining

.arrangements Where the prosecution

and the offended party agree to the,plea offered by the accused the:court shall

.a ssue an order which contains the;plea bargaining arrived at

.b "roceed to receive evidence on the;civil aspect of the case and

.c 'ender and promulgate judgment,of conviction including the civil

liability or

damages duly established by the.evidence

6. ,When plea bargaining fails the:Court shall

.a Adopt the minutes of preliminary-conference as part of the pre trial

,proceedings confirm markings ofexhibits or substituted photocopies

and admissions on the genuinenessand due execution of documents and

;list object and testimonial evidence

.b Scrutini(e every allegation of theinformation and the statements in theaffidavits and other documents whichform part of the record of thepreliminary investigation and otherdocuments identified and marked asexhibits in determining farther

,admissions of facts documents and in:particular as to the following

1. ;the identity of the accused2. court s territorial jurisdiction relative to

/ ;the offense s charged3. / ;&ualification of expert witness es4. ;amount of damages5. genuineness and due execution of

;documents6. ,the cause of death or injury in proper

;cases7. adoption of any evidence presented

;during the preliminary investigation8. , ,disclosure of defenses of alibi insanity

- ,self defense exercise of public authorityand justifying or exempting;circumstances and

9. such other matters that would limit.the facts in issue

. ;c )efine factual and legal issues

.d Ask parties to agree on the specifictrial dates and adhere to the flow chartdetermined by the court which shallcontain the time frames for the different

stages of the proceeding up topromulgation of decision and use thetime frame for each stage in setting the

;trial dates

.e 'e&uire the parties to submit to the,!ranch C#C the names addresses and

contact numbers of witnesses that need;to be summoned by subpoena and

.f Consider modification of order of trialif the accused admits the charge but

.interposes a lawful defense

7. - ,)uring the pre trial the judge shall bethe one to ask &uestions on issuesraised therein and all &uestions must bedirected to him to avoid hostilities

.between parties

8. All agreements or admissions made or-entered during the pre trial conference

shall be reduced in writing and signed, ,by the accused and counsel otherwise

they cannot be used against the.accused The agreements covering the

1matters referred to in Section of 'ule118 .shall be approved by the court ( 2, 118)Section 'ule

9. -All proceedings during the pre trial,shall be recorded the transcripts

prepared and the minutes signed by the/ .parties and or their counsels

10. -The trial judge shall issue a "re trial

(10)#rder within ten days after the-termination of the pre trial setting forth

-the actions taken during the pre trial,conference the ,facts stipulated the

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,admissions made ,evidence marked the number of witnesses tobepresented and the schedule of

.trial Said #rder shall bind the,parties limit the trial to matters not

disposed of and control the course.the action during the trial