RE: PROPOSED RULE ON GUIDELINES TO a.

A statement of their willingness to enter into an

BE OBSERVED BY TRIAL COURT JUDGES amicable settlement indicating the desired terms
AND CLERKS OF COURT IN THE CONDUCT thereof or to submit the case to any of the
OF PRE- TRIAL AND USE OF alternative modes of dispute resolution;
DEPOSITION-DISCOVERY MEASURES
RESOLUTION b. A summary of admitted facts and proposed
stipulation of facts;
The use of pre-trial and the deposition-
discovery measures are undeniably important c. The issues to be tried or resolved;
and vital components of case management in
trial courts. To decongest court dockets, and to d. The documents or exhibits to be presented,
further implementthe pre-trial guidelines laid stating the purpose thereof. (No evidence shall be
down in Administrative Circular No. 3-99 dated allowed to be presented and offered during the
January 15, 1999 and except as otherwise trial in support of a party’s evidence-in-chief other
specifically provided for in other special rules, than those that had been earlier identified and pre-
the following guidelines are issued for the marked during the pre-trial, except if allowed by
observance and guidance of trial judges and the court for good cause shown);
clerks of court: decongest court dockets, and
to further implement the pre-trial guidelines e. A manifestation of their having availed or their
laid down in Administrative Circular No. 3-99 intention to avail themselves of discovery
dated January 15, 1999 and except as procedures or referral to commissioners; and
otherwise specifically provided for in other
special rules, the following guidelines are f. The number and names of the witnesses, the
issued for the observance and guidance of trial substance of their testimonies, and the
judges and clerks of court: approximate number of hours that will be required
by the parties for the presentation of their
I. PRE-TRIAL respective witnesses.

A. CIVIL CASES A copy of the Notice of Pre-trial Conference is

hereto attached as Annex “B.”
1. Within one day from receipt of the
complaint: The rule on the contents of the pre-trial brief must
strictly be complied with.
1.1 Summons shall be prepared and shall
contain a reminder to defendant to observe The parties are bound by the representations and
restraint in filing a motion to dismiss and statements in their respective pre-trial briefs.
instead allege the grounds thereof as defenses
in the Answer, in conformity with IBP-OCA 3. At the start of the pre-trial conference, the
Memorandum on Policy Guidelines dated March judge shall immediately refer the parties and/or
12, 2002. A copy of the summons is hereto their counsel if authorized by their clients to the
attached as Annex “A;” and PMC mediation unit for purposes of mediation if
available.5 If mediation fails, the judge will
1.2 The court shall issue an order requiring the schedule the continuance of the pre-trial
parties to avail of interrogatories to parties conference. Before the continuance, the Judge
under Rule 25 and request for admission by may refer the case to the Branch COC for a
adverse party under Rule 26 or at their preliminary conference to assist the parties in
discretion make use of depositions under Rule reaching a settlement, to mark the documents or
23 or other measures under Rules 27 and 28 exhibits to be presented by the parties and copies
within five days from the filing of the answer.1 thereof to be attached to the records after
A copy of the order shall be served upon the comparison and to consider such other matters as
defendant together with the summons and may aid in its prompt disposition.6
upon the plaintiff.
During the preliminary conference, the Branch COC
Within five (5) days from date of filing of the shall also ascertain from the parties the undisputed
reply,2 the plaintiff must promptly move ex facts and admissions on the genuineness and due
parte that the case be set for pre-trial execution of the documents marked as exhibits.
conference.3 If the plaintiff fails to file said The proceedings during .the preliminary
motion within the given period, the Branch conference shall be recorded in the “Minutes of
COC shall issue a notice of pre-trial. Preliminary Conference” to be signed by both
parties and/or counsel, the form of which is hereto
2. The parties shall submit, at least three (3) attached as Annex. “C”.
days before the pre-trial, pre-trial briefs
containing the following:4
The minutes of preliminary conference and the c. Inquire if the pleadings are in order. If not, order
exhibits shall be attached by the Branch COC the amendments if necessary;
to the case record before the pre-trial.
d. Inquire if interlocutory issues are involved and
4. Before the continuation of the pre-trial resolve the same;
conference, the judge must study all the
pleadings of the case, and determine the e. Consider the adding or dropping of parties;
issues thereof and the respective positions of
the parties thereon to enable him to f. Scrutinize every single allegation of the
intelligently steer the parties toward a possible complaint, answer and other pleadings and
amicable settlement of the case, or, at the very attachments thereto and the contents of
least, to help reduce and limit the issues. The documents and all other evidence identified and
judge should not allow the termination of pre- pre-marked during pre-trial in determining further
trial simply because of the manifestation of the admissions of facts and documents. To obtain
parties that they cannot settle the case. He admissions, the Court shall ask the parties to
should expose the parties to the advantages of submit the depositions taken under Rule 23, the
pre-trial. He must also be mindful that there answers to written interrogatories under Rule 25
are other important aspects of the pre-trial that and the answers to request for admissions by the
ought to be taken up to expedite the adverse party under Rule 26. It may also require
disposition of the case.7 the production of documents or things requested
by a party under Rule 27 and the results of the
The Judge with all tact, patience, impartiality physical and mental examination of persons under
and with due regard to the rights of the parties Rule 28;
shall endeavor to persuade them to arrive at a
settlement of the dispute.8 The court shall g. Define and simplify the factual and legal issues
initially ask the parties and their lawyers if an arising from the pleadings. Uncontroverted issues
amicable settlement of the case is possible. If and frivolous claims or defenses should be
not, the judge may confer with the parties with eliminated. For each factual issue, the
the opposing counsel to consider the following: parties/counsel shall state all the evidence to
support their positions thereon. For each legal
a. Given the evidence of the plaintiff presented issue, parties/counsel shall state the applicable law
in his pre-trial brief to support his claim, what and jurisprudence supporting their respective
manner of compromise is considered positions thereon. If only legal issues are
acceptable to the defendant at the present presented, the judge shall require the parties to
stage? submit their respective memoranda and the court
can proceed to render judgment;9
b. Given the evidence of the defendant
described in his pre-trial brief to support his h. Determine the propriety of rendering a summary
defense, what manner of compromise is judgment dismissing the case based on the
considered acceptable to the plaintiff at the disclosures made at the pre-trial or a judgment
present stage? based on the pleadings, evidence identified and
admissions made during pre-trial;10
If not successful, the court shall confer with
the party and his counsel separately. i. Ask parties to agree on the specific trial dates for
continuous trial in accordance with Circular No. 1-
If the manner of compromise is not acceptable, 89 dated January 19, 1989; adhere to the case
the judge shall confer with the parties without flow chart determined by the court, which shall
their counsel for the same purpose of contain the different stages of the proceedings up
settlement. to the promulgation of the decision and use the
time frame for each stage in setting the trial dates.
5. If all efforts to settle fail, the trial judge The One-Day Examination of Witness Rule, that is,
shall: a witness has to be fully examined in one (1) day
only, shall be strictly adhered to subject to the
a. Adopt the minutes of preliminary conference courts’ discretion during trial on whether or not to
as part of the pre-trial proceedings and confirm extend the direct and/or cross-examination for
markings of exhibits or substituted photocopies justifiable reasons. On the last hearing day allotted
and admissions on the genuineness and due for each party, he is required to make his formal
execution of documents; offer of evidence after the presentation of his last
witness and the opposing party is required to
b. Inquire if there are cases arising out of the immediately interpose his objection thereto.
same facts pending before other courts and Thereafter, the Judge shall make the ruling on the
order its consolidation if warranted; offer of evidence in open court. However the judge
has the discretion to allow the offer of evidence in
writing in conformity with Section 35, Rule 132;
j. Determine the most important witnesses to 9. The court shall endeavor to make the parties
be heard and limit the number of witnesses agree to an equitable compromise or settlement at
(Most Important Witness Rule). The facts to be any stage of the proceedings before rendition of
proven by each witness and the approximate judgment.
number of hours per witness shall be fixed;

k. At his discretion, order the parties to use the B. CRIMINAL CASES

affidavits of witnesses as direct testimonies
subject to the right to object to inadmissible 1. Before arraignment, the Court shall issue an
portions thereof and to the right of cross- order directing the public prosecutor to submit the
examination by the other party. The affidavits record of the preliminary investigation to the
shall be based on personal knowledge, shall Branch COC for the latter to attach the same to the
set forth facts as would be admissible in record of the criminal case.
evidence, and shall show affirmatively that the
affiant is competent to testify to the matters Where the accused is under preventive detention,
stated therein. The affidavits shall be in his case shall be raffled and its records transmitted
question and answer form, and shall comply to the judge to whom the case was raffled within
with the rules on admissibility of evidence; three days from the filing of the complaint or
information. The accused shall be arraigned within
l. Require the parties and/or counsel to submit ten days from the date of the raffle. The pre-trial
to the Branch COC the names, addresses and of his case shall be held within ten days after
contact numbers of the witnesses to be arraignment unless a shorter period is provided for
summoned by subpoena; by law.

m. Order the delegation of the reception of 2. After the arraignment, the court shall forthwith
evidence to the Branch COC under Rule 30; set the pre-trial conference within thirty days from
and the date of arraignment, and issue an order:

n. Refer the case to a trial by commissioner (a) requiring the private offended party to appear
under Rule 32. thereat for purposes of plea-bargaining except for
violations of the Comprehensive Dangerous Drugs
During the pre-trial, the judge shall be the one Act of 2002, and for other matters requiring his
to ask questions on issues raised therein and presence;
all questions or comments by counsel or
parties must be directed to the judge to avoid (b) referring the case to the Branch COC, if
hostilities between the parties. warranted, for a preliminary conference to be set
at least three days prior to the pre-trial to mark the
6. The trial judge shall schedule the pre-trial in documents or exhibits to be presented by the
the afternoon sessions and set as many pre- parties and copies thereof to be attached to the
trial conferences as may be necessary. records after comparison and to consider other
matters as may aid in its prompt disposition; and
7. All proceedings during the pre-trial shall be
recorded. The minutes of each pre-trial (c) informing the parties that no evidence shall be
conference shall contain matters taken up allowed to be presented and offered during the
therein more particularly admissions of facts trial other than those identified and marked during
and exhibits and shall be signed by the parties the pre-trial except when allowed by the court for
and their counsel. good cause shown. A copy of the order is hereto
attached as Annex “E”. In mediatable cases, the
8. The judge shall issue the required Pre-Trial judge shall refer the parties and their counsel to
Order within ten (10) days after the the PMC unit for purposes of mediation if available.
termination of the pre-trial. Said Order shall
bind the parties, limit the trial to matters not 3. During the preliminary conference, the Branch
disposed of and control the course of the COC shall assist the parties in reaching a
action during the trial. A sample Pre-Trial settlement of the civil aspect of the case, mark the
Order is hereto attached as Annex “D.” documents to be presented as exhibits and copies
thereof attached to the records after comparison,
However, the Court may opt to dictate the Pre- ascertain from the parties the undisputed facts and
Trial Order in open court in the presence of the admissions on the genuineness and due execution
parties and their counsel and with the use of a of documents marked as exhibits and consider
computer, shall have the same immediately such other matters as may aid in the prompt
finalized and printed. Once finished, the parties disposition of the case. The proceedings during the
and/or their counsel shall sign the same to preliminary conference shall be recorded in the
manifest their conformity thereto. Minutes of Preliminary Conference to be signed by
both parties and counsel. (Please see Annex “B”)
The Minutes of Preliminary Conference and the c. Define factual and legal issues;
exhibits shall be attached by the Branch COC
to the case record before the pre-trial. d. Ask parties to agree on the specific trial dates
and adhere to the flow chart determined by the
4. Before the pre-trial conference the judge court which shall contain the time frames for the
must study the allegations of the information, different stages of the proceeding up to
the statements in the affidavits of witnesses promulgation of decision and use the time frame
and other documentary evidence which form for each stage in setting the trial dates;
part of the record of the preliminary
investigation. e. Require the parties to submit to the Branch COC
the names, addresses and contact numbers of
5. During the pre-trial, except for violations of witnesses that need to be summoned by
the Comprehensive Dangerous Drugs Act of subpoena; and
2002, the trial judge shall consider plea-
bargaining arrangements. Where the f. Consider modification of order of trial if the
prosecution and the offended party agree to accused admits the charge but interposes a lawful
the plea offered by the accused, the court defense.
shall:
7. During the pre-trial, the judge shall be the one
a. Issue an order which contains the plea to ask questions on issues raised therein and all
bargaining arrived at; questions must be 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 shall be reduced in
c. Render and promulgate judgment of writing and signed by the accused and counsel,
conviction, including the civil liability or otherwise, they cannot be used against the
accused. The agreements covering the matters
damages duly established by the evidence. referred to in Section 1 of Rule 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
a. Adopt the minutes of preliminary conference recorded, the transcripts prepared and the minutes
as part of the pre- trial proceedings, confirm signed by the parties and/or their counsels.
markings of exhibits or substituted photocopies
and admissions on the genuineness and due 10. The trial judge shall issue a Pre-trial Order
execution of documents and list object and within ten (10) days after the termination of the
testimonial evidence; pre-trial setting forth the actions taken during the
pre-trial conference, the facts stipulated, the
b. Scrutinize every allegation of the admissions made, evidence marked, the number
information and the statements in the of witnesses to bepresented and the schedule of
affidavits and other documents which form trial. Said Order shall bind the parties, limit the
part of the record of the preliminary trial to matters not disposed of and control the
investigation and other documents identified course the action during the trial.
and marked as exhibits in determining farther
admissions of facts, documents and in
particular as to the following:
1. the identity of the accused;
2. court’s territorial jurisdiction relative to the
offense/s charged;
3. qualification of expert witness/es;
4. amount of damages;
5. genuineness and due execution of
documents;
6. the cause of death or injury, in proper
cases;
7. adoption of any evidence presented during
the preliminary investigation;
8. disclosure of defenses of alibi, insanity, self-
defense, exercise of public authority and
justifying or exempting circumstances; and
9. such other matters that would limit the facts
in issue.