RE: PROPOSED RULE ON 2.

The parties shall submit, at least

GUIDELINES TO BE OBSERVED three (3) days before the pre-trial, pre-
BY TRIAL COURT JUDGES AND trial briefs containing the following:4
CLERKS OF COURT IN THE
CONDUCT OF PRE- TRIAL AND a. A statement of their willingness to
enter into an amicable settlement
USE OF DEPOSITION- indicating the desired terms thereof or to
DISCOVERY MEASURES submit the case to any of the alternative
RESOLUTION modes of dispute resolution;
The use of pre-trial and the b. A summary of admitted facts and
deposition-discovery measures are proposed stipulation of facts;
undeniably important and vital
components of case management in c. The issues to be tried or resolved;
trial courts. To decongest court
dockets, and to further implementthe d. The documents or exhibits to be
pre-trial guidelines laid down in presented, stating the purpose thereof.
Administrative Circular No. 3-99 dated (No evidence shall be allowed to be
January 15, 1999 and except as presented and offered during the trial in
otherwise specifically provided for in support of a party’s evidence-in-chief
other special rules, the following other than those that had been earlier
guidelines are issued for the identified and pre-marked during the
observance and guidance of trial pre-trial, except if allowed by the court
judges and clerks of court: decongest for good cause shown);
court dockets, and to further
implement the pre-trial guidelines
laid down in Administrative Circular e. A manifestation of their having availed
No. 3-99 dated January 15, 1999 and or their intention to avail themselves of
except as otherwise specifically discovery procedures or referral to
provided for in other special rules, commissioners; and
the following guidelines are issued for
the observance and guidance of trial f. The number and names of the
judges and clerks of court: witnesses, the substance of their
testimonies, and the approximate number
of hours that will be required by the
I. PRE- TRIAL parties for the presentation of their
respective witnesses.
A. CIVIL CASES
A copy of the Notice of Pre-trial
1. Within one day from receipt of the Conference is hereto attached as Annex
complaint: “B.”
1.1 Summons shall be prepared and The rule on the contents of the pre-trial
shall contain a reminder to defendant brief must strictly be complied with.
to observe restraint in filing a motion
to dismiss and instead allege the The parties are bound by the
grounds thereof as defenses in the representations and statements in their
Answer, in conformity with IBP-OCA respective pre-trial briefs.
Memorandum on Policy Guidelines
dated March 12, 2002. A copy of the 3. At the start of the pre-trial
summons is hereto attached as conference, the judge shall immediately
Annex “A;” and refer the parties and/or their counsel if
authorized by their clients to the PMC
1.2 The court shall issue an order mediation unit for purposes of mediation
requiring the parties to avail of if available.5 If mediation fails, the judge
interrogatories to parties under Rule will schedule the continuance of the pre-
25 and request for admission by trial conference. Before the continuance,
adverse party under Rule 26 or at the Judge may refer the case to the
their discretion make use of Branch COC for a preliminary conference
depositions under Rule 23 or other to assist the parties in reaching a
measures under Rules 27 and 28 settlement, to mark the documents or
within five days from the filing of the exhibits to be presented by the parties
answer.1 A copy of the order shall be and copies thereof to be attached to the
served upon the defendant together records after comparison and to consider
with the summons and upon the such other matters as may aid in its
plaintiff. prompt disposition.6
Within five (5) days from date of filing During the preliminary conference, the
of the reply,2 the plaintiff must Branch COC shall also ascertain from the
promptly move ex parte that the parties the undisputed facts and
case be set for pre-trial conference.3 admissions on the genuineness and due
If the plaintiff fails to file said motion execution of the documents marked as
within the given period, the Branch exhibits. The proceedings during .the
COC shall issue a notice of pre-trial. preliminary conference shall be recorded
in the “Minutes of Preliminary and admissions on the genuineness and
Conference” to be signed by both due execution of documents;
parties and/or counsel, the form of
which is hereto attached as Annex. b. Inquire if there are cases arising out
“C”. of the same facts pending before other
courts and order its consolidation if
The minutes of preliminary warranted;
conference and the exhibits shall be
attached by the Branch COC to the c. Inquire if the pleadings are in order. If
case record before the pre-trial. not, order the amendments if necessary;

4. Before the continuation of the pre- d. Inquire if interlocutory issues are

trial conference, the judge must study involved and resolve the same;
all the pleadings of the case, and
determine the issues thereof and the e. Consider the adding or dropping of
respective positions of the parties parties;
thereon to enable him to intelligently
steer the parties toward a possible f. Scrutinize every single allegation of the
amicable settlement of the case, or, complaint, answer and other pleadings
at the very least, to help reduce and and attachments thereto and the
limit the issues. The judge should not contents of documents and all other
allow the termination of pre-trial evidence identified and pre-marked
simply because of the manifestation during pre-trial in determining further
of the parties that they cannot settle admissions of facts and documents. To
the case. He should expose the obtain admissions, the Court shall ask
parties to the advantages of pre-trial. the parties to submit the depositions
He must also be mindful that there taken under Rule 23, the answers to
are other important aspects of the written interrogatories under Rule 25 and
pre-trial that ought to be taken up to the answers to request for admissions by
expedite the disposition of the case.7 the adverse party under Rule 26. It may
also require the production of documents
The Judge with all tact, patience, or things requested by a party under
impartiality and with due regard to Rule 27 and the results of the physical
the rights of the parties shall and mental examination of persons
endeavor to persuade them to arrive under Rule 28;
at a settlement of the dispute.8 The
court shall initially ask the parties g. Define and simplify the factual and
and their lawyers if an amicable legal issues arising from the pleadings.
settlement of the case is possible. If Uncontroverted issues and frivolous
not, the judge may confer with the claims or defenses should be eliminated.
parties with the opposing counsel to For each factual issue, the
consider the following: parties/counsel shall state all the
evidence to support their positions
a. Given the evidence of the plaintiff thereon. For each legal issue,
presented in his pre-trial brief to parties/counsel shall state the applicable
support his claim, what manner of law and jurisprudence supporting their
compromise is considered acceptable respective positions thereon. If only legal
to the defendant at the present issues are presented, the judge shall
stage? require the parties to submit their
respective memoranda and the court can
b. Given the evidence of the proceed to render judgment;9
defendant described in his pre-trial
brief to support his defense, what h. Determine the propriety of rendering a
manner of compromise is considered summary judgment dismissing the case
acceptable to the plaintiff at the based on the disclosures made at the
present stage? pre-trial or a judgment based on the
pleadings, evidence identified and
If not successful, the court shall admissions made during pre-trial;10
confer with the party and his counsel
separately. i. Ask parties to agree on the specific
trial dates for continuous trial in
If the manner of compromise is not accordance with Circular No. 1-89 dated
acceptable, the judge shall confer January 19, 1989; adhere to the case flow
with the parties without their counsel chart determined by the court, which
for the same purpose of settlement. shall contain the different stages of the
proceedings up to the promulgation of
5. If all efforts to settle fail, the trial the decision and use the time frame for
judge shall: each stage in setting the trial dates. The
One-Day Examination of Witness Rule,
a. Adopt the minutes of preliminary that is, a witness has to be fully
conference as part of the pre-trial examined in one (1) day only, shall be
proceedings and confirm markings of strictly adhered to subject to the courts’
exhibits or substituted photocopies discretion during trial on whether or not
to extend the direct and/or cross- 8. The judge shall issue the required
examination for justifiable reasons. On Pre-Trial Order within ten (10) days after
the last hearing day allotted for each the termination of the pre-trial. Said
party, he is required to make his Order shall bind the parties, limit the
formal offer of evidence after the trial to matters not disposed of and
presentation of his last witness and control the course of the action during
the opposing party is required to the trial. A sample Pre-Trial Order is
immediately interpose his objection hereto attached as Annex “D.”
thereto. Thereafter, the Judge shall
make the ruling on the offer of However, the Court may opt to dictate
evidence in open court. However the the Pre-Trial Order in open court in the
judge has the discretion to allow the presence of the parties and their counsel
offer of evidence in writing in and with the use of a computer, shall
conformity with Section 35, Rule 132; have the same immediately finalized and
printed. Once finished, the parties and/or
j. Determine the most important their counsel shall sign the same to
witnesses to be heard and limit the manifest their conformity thereto.
number of witnesses (Most Important
Witness Rule). The facts to be proven 9. The court shall endeavor to make the
by each witness and the approximate parties agree to an equitable
number of hours per witness shall be compromise or settlement at any stage
fixed; of the proceedings before rendition of
judgment.
k. At his discretion, order the parties
to use the affidavits of witnesses as
direct testimonies subject to the right B. CRIMINAL CASES
to object to inadmissible portions
thereof and to the right of cross- 1. Before arraignment, the Court shall
examination by the other party. The issue an order directing the public
affidavits shall be based on personal prosecutor to submit the record of the
knowledge, shall set forth facts as preliminary investigation to the Branch
would be admissible in evidence, and COC for the latter to attach the same to
shall show affirmatively that the the record of the criminal case.
affiant is competent to testify to the
matters stated therein. The affidavits Where the accused is under preventive
shall be in question and answer form, detention, his case shall be raffled and
and shall comply with the rules on its records transmitted to the judge to
admissibility of evidence; whom the case was raffled within three
days from the filing of the complaint or
l. Require the parties and/or counsel information. The accused shall be
to submit to the Branch COC the arraigned within ten days from the date
names, addresses and contact of the raffle. The pre-trial of his case
numbers of the witnesses to be shall be held within ten days after
summoned by subpoena; arraignment unless a shorter period is
provided for by law.
m. Order the delegation of the
reception of evidence to the Branch 2. After the arraignment, the court shall
COC under Rule 30; and forthwith set the pre-trial conference
within thirty days from the date of
n. Refer the case to a trial by arraignment, and issue an order:
commissioner under Rule 32.
(a) requiring the private offended party
During the pre-trial, the judge shall to appear thereat for purposes of plea-
be the one to ask questions on issues bargaining except for violations of the
raised therein and all questions or Comprehensive Dangerous Drugs Act of
comments by counsel or parties must 2002, and for other matters requiring his
be directed to the judge to avoid presence;
hostilities between the parties.
(b) referring the case to the Branch COC,
6. The trial judge shall schedule the if warranted, for a preliminary conference
pre-trial in the afternoon sessions to be set at least three days prior to the
and set as many pre-trial pre-trial to mark the documents or
conferences as may be necessary. exhibits to be presented by the parties
and copies thereof to be attached to the
7. All proceedings during the pre-trial records after comparison and to consider
shall be recorded. The minutes of other matters as may aid in its prompt
each pre-trial conference shall disposition; and
contain matters taken up therein
more particularly admissions of facts (c) informing the parties that no
and exhibits and shall be signed by evidence shall be allowed to be
the parties and their counsel. presented and offered during the trial
other than those identified and marked
during the pre-trial except when allowed
by the court for good cause shown. A b. Scrutinize every allegation of the
copy of the order is hereto attached information and the statements in the
as Annex “E”. In mediatable cases, the affidavits and other documents which
judge shall refer the parties and their form part of the record of the
counsel to the PMC unit for purposes preliminary investigation and other
of mediation if available. documents identified and marked as
exhibits in determining farther
3. During the preliminary conference, admissions of facts, documents and in
the Branch COC shall assist the particular as to the following:
parties in reaching a settlement of 1. the identity of the accused;
the civil aspect of the case, mark the 2. court’s territorial jurisdiction relative to
documents to be presented as the offense/s charged;
exhibits and copies thereof attached 3. qualification of expert witness/es;
to the records after comparison, 4. amount of damages;
ascertain from the parties the 5. genuineness and due execution of
undisputed facts and admissions on documents;
the genuineness and due execution of 6. the cause of death or injury, in proper
documents marked as exhibits and cases;
consider such other matters as may 7. adoption of any evidence presented
aid in the prompt disposition of the during the preliminary investigation;
case. The proceedings during the 8. disclosure of defenses of alibi, insanity,
preliminary conference shall be self-defense, exercise of public authority
recorded in the Minutes of Preliminary and justifying or exempting
Conference to be signed by both circumstances; and
parties and counsel. (Please see 9. such other matters that would limit
Annex “B”) the facts in issue.

The Minutes of Preliminary c. Define factual and legal issues;

Conference and the exhibits shall be
attached by the Branch COC to the d. Ask parties to agree on the specific
case record before the pre-trial. trial dates and adhere to the flow chart
determined by the court which shall
4. Before the pre-trial conference the contain the time frames for the different
judge must study the allegations of stages of the proceeding up to
the information, the statements in the promulgation of decision and use the
affidavits of witnesses and other time frame for each stage in setting the
documentary evidence which form trial dates;
part of the record of the preliminary
investigation. e. Require the parties to submit to the
Branch COC the names, addresses and
5. During the pre-trial, except for contact numbers of witnesses that need
violations of the Comprehensive to be summoned by subpoena; and
Dangerous Drugs Act of 2002, the trial
judge shall consider plea- bargaining f. Consider modification of order of trial
arrangements. Where the prosecution if the accused admits the charge but
and the offended party agree to the interposes a lawful defense.
plea offered by the accused, the
court shall: 7. During the pre-trial, the judge shall be
the one to ask questions on issues
a. Issue an order which contains the raised therein and all questions must be
plea bargaining arrived at; directed to him to avoid hostilities
between parties.
b. Proceed to receive evidence on the
civil aspect of the case; and 8. All agreements or admissions made or
entered during the pre- trial conference
c. Render and promulgate judgment shall be reduced in writing and signed
of conviction, including the civil by the accused and counsel, otherwise,
liability or they cannot be used against the
accused. The agreements covering the
damages duly established by the matters referred to in Section 1 of Rule
evidence. 118 shall be approved by the court.
(Section 2, Rule 118)
6. When plea bargaining fails, the
Court shall: 9. All proceedings during the pre-trial
shall be recorded, the transcripts
a. Adopt the minutes of preliminary prepared and the minutes signed by the
conference as part of the pre- trial parties and/or their counsels.
proceedings, confirm markings of
exhibits or substituted photocopies 10. The trial judge shall issue a Pre-trial
and admissions on the genuineness Order within ten (10) days after the
and due execution of documents and termination of the pre-trial setting forth
list object and testimonial evidence; the actions taken during the pre-trial
conference, the facts stipulated, the
admissions made, evidence marked,
the number of witnesses to
bepresented and the schedule of
trial. Said Order shall bind the
parties, limit the trial to matters not
disposed of and control the course
the action during the trial.