A.M. No.

03-1-09-SC RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES RESOLUTION
Acting on the recommendation of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court s! consideration and a""roval the #ro"osed Rule on $uidelines to be %bserved b& 'rial Court (udges and Cler)s of Court in the Conduct of #re-'rial and *se of +e"osition-+iscover& Measures! the Court Resolved to APPROVE the same. 'he said Rule is hereto attached as an integral "art of this Resolution. 'he Rule shall ta)e effect on August 1,! -00. follo/ing its "ublication in a ne/s"a"er of general circulation not later than (ul& 30! -00.. (ul& 13! -00.. (Sgd.)Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Car io, !ustria-"artinez, Corona, Car io-"orales, Calle#o, Sr., !z$una and %inga JJ.

GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES
'he use of "re-trial and the de"osition-discover& measures are undeniabl& im"ortant and vital com"onents of case management in trial courts. 'o abbreviate court "roceedings! ensure "rom"t dis"osition of cases and decongest court doc)ets! and to further im"lement the "re-trial guidelines laid do/n in Administrative Circular No. 3-99 dated (anuar& 10! 1999 and e1ce"t as other/ise s"ecificall& "rovided for in other s"ecial rules! the follo/ing guidelines are issued for the observance and guidance of trial 2udges and cler)s of court3 I. PRE-TRIAL A. Civil Cases 1. 4ithin one da& from recei"t of the com"laint3
1.1 Summons shall be "re"ared and shall contain a reminder to defendant to observe restraint in filing a motion to dismiss and instead allege the grounds thereof as defenses in the Ans/er! in conformit& /ith 56#-%CA Memorandum on #olic& $uidelines dated March 1-! -00-. A co"& of the summons is hereto attached as Anne1 7A87 and

1.- 'he court shall issue an order re9uiring the "arties to avail of interrogatories to "arties under Rule -0 and re9uest for admission b& adverse "art& under Rule -, or at their discretion ma)e use of de"ositions under Rule -3 or other measures under Rules -: and -; /ithin five da&s from the filing of the ans/er. 1 A co"& of the order shall be served u"on the defendant together /ith the summons and u"on the "laintiff. 4ithin five <0= da&s from date of filing of the re"l&! - the "laintiff must "rom"tl& move e1 "arte that the case be set for "re-trial conference. 3 5f the "laintiff fails to file said motion /ithin the given "eriod! the 6ranch C%C shall issue a notice of "re-trial. -. 'he "arties shall submit! at least three <3= da&s before the "re-trial! "re-trial briefs containing the follo/ing3. a. A statement of their /illingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case to an& of the alternative modes of dis"ute resolution8 b. A summar& of admitted facts and "ro"osed sti"ulation of facts8 c. 'he issues to be tried or resolved8 d. 'he documents or e1hibits to be "resented! stating the "ur"ose thereof. (No evi e!"e #$%&& 'e %&&o(e )o 'e *+e#e!)e %! o,,e+e -+i!. )$e )+i%& i! #-**o+) o, % *%+)/0# evi e!"e-i!-"$ie, o)$e+ )$%! )$o#e )$%) $% 'ee! e%+&ie+ i e!)i,ie %! *+e-1%+2e -+i!. )$e *+e-)+i%&3 e4"e*) i, %&&o(e '/ )$e "o-+) ,o+ .oo "%-#e #$o(!56 e. A manifestation of their having availed or their intention to avail themselves of discover& "rocedures or referral to commissioners8 and f. 'he number and names of the /itnesses! the substance of their testimonies! and the a""ro1imate number of hours that /ill be re9uired b& the "arties for the "resentation of their res"ective /itnesses. A co"& of the Notice of #re-trial Conference is hereto attached as Anne1 76.7 'he rule on the contents of the "re-trial brief must strictl& be com"lied /ith. 'he "arties are bound b& the re"resentations and statements in their res"ective "retrial briefs. 3. At the start of the "re-trial conference! the 2udge shall immediatel& refer the "arties and>or their counsel if authori?ed b& their clients to the #MC mediation unit for "ur"oses of mediation if available. 0 5f mediation fails! the 2udge /ill schedule the continuance of the "re-trial conference. 6efore the continuance! the (udge ma& refer the case to the 6ranch C%C for a "reliminar& conference to assist the "arties in reaching a settlement! to mar) the documents or e1hibits to be "resented b& the "arties and co"ies thereof to be attached to the records after com"arison and to consider such other matters as ma& aid in its "rom"t dis"osition., +uring the "reliminar& conference! the 6ranch C%C shall also ascertain from the "arties the undis"uted facts and admissions on the genuineness and due e1ecution of the documents mar)ed as e1hibits. 'he "roceedings during .the "reliminar& conference shall be recorded in the 7Minutes of #reliminar&

Conference7 to be signed b& both "arties and>or counsel! the form of /hich is hereto attached as Anne1. 7C7. 'he minutes of "reliminar& conference and the e1hibits shall be attached b& the 6ranch C%C to the case record before the "re-trial. .. 6efore the continuation of the "re-trial conference! the 2udge must stud& all the "leadings of the case! and determine the issues thereof and the res"ective "ositions of the "arties thereon to enable him to intelligentl& steer the "arties to/ard a "ossible amicable settlement of the case! or! at the ver& least! to hel" reduce and limit the issues. 'he 2udge should not allo/ the termination of "retrial sim"l& because of the manifestation of the "arties that the& cannot settle the case. @e should e1"ose the "arties to the advantages of "re-trial. @e must also be mindful that there are other im"ortant as"ects of the "re-trial that ought to be ta)en u" to e1"edite the dis"osition of the case.: 'he (udge /ith all tact! "atience! im"artialit& and /ith due regard to the rights of the "arties shall endeavor to "ersuade them to arrive at a settlement of the dis"ute.; 'he court shall initiall& as) the "arties and their la/&ers if an amicable settlement of the case is "ossible. 5f not! the 2udge ma& confer /ith the "arties /ith the o""osing counsel to consider the follo/ing3 a. $iven the evidence of the "laintiff "resented in his "re-trial brief to su""ort his claim! /hat manner of com"romise is considered acce"table to the defendant at the "resent stageA b. $iven the evidence of the defendant described in his "re-trial brief to su""ort his defense! /hat manner of com"romise is considered acce"table to the "laintiff at the "resent stageA 5f not successful! the court shall confer /ith the "art& and his counsel se"aratel&. 5f the manner of com"romise is not acce"table! the 2udge shall confer /ith the "arties /ithout their counsel for the same "ur"ose of settlement. 0. 5f all efforts to settle fail! the trial 2udge shall3 a. Ado"t the minutes of "reliminar& conference as "art of the "re-trial "roceedings and confirm mar)ings of e1hibits or substituted "hotoco"ies and admissions on the genuineness and due e1ecution of documents8 b. 5n9uire if there are cases arising out of the same facts "ending before other courts and order its consolidation if /arranted8 c. 5n9uire if the "leadings are in order. 5f not! order the amendments if necessar&8 d. 5n9uire if interlocutor& issues are involved and resolve the same8 e. Consider the adding or dro""ing of "arties8 f. Scrutini?e ever& single allegation of the com"laint! ans/er and other "leadings and attachments thereto and the contents of documents and all other evidence identified and "re-mar)ed during "re-trial in determining further admissions of facts and documents. 'o obtain admissions! the Court shall as) the "arties to submit the de"ositions ta)en under Rule -3! the ans/ers to /ritten interrogatories under Rule -0 and the ans/ers to re9uest for admissions b& the adverse "art& under Rule -,. 5t ma& also re9uire the "roduction of documents 3

or things re9uested b& a "art& under Rule -: and the results of the "h&sical and mental e1amination of "ersons under Rule -;8 g. +efine and sim"lif& the factual and legal issues arising from the "leadings. *ncontroverted issues and frivolous claims or defenses should be eliminated. Bor each factual issue! the "arties>counsel shall state all the evidence to su""ort their "ositions thereon. Bor each legal issue! "arties>counsel shall state the a""licable la/ and 2uris"rudence su""orting their res"ective "ositions thereon. 5f onl& legal issues are "resented! the 2udge shall re9uire the "arties to submit their res"ective memoranda and the court can "roceed to render 2udgment89 h. +etermine the "ro"riet& of rendering a summar& 2udgment dismissing the case based on the disclosures made at the "re-trial or a 2udgment based on the "leadings! evidence identified and admissions made during "re-trial810 i. As) "arties to agree on the s"ecific trial dates for continuous trial in accordance /ith Circular No. 1-;9 dated (anuar& 19! 19;98 adhere to the case flo/ chart determined b& the court! /hich shall contain the different stages of the "roceedings u" to the "romulgation of the decision and use the time frame for each stage in setting the trial dates. 'he %ne-+a& C1amination of 4itness Rule! that is! a /itness has to be full& e1amined in one <1= da& onl&! shall be strictl& adhered to sub2ect to the courts discretion during trial on /hether or not to e1tend the direct and>or cross-e1amination for 2ustifiable reasons. %n the last hearing da& allotted for each "art&! he is re9uired to ma)e his formal offer of evidence after the "resentation of his last /itness and the o""osing "art& is re9uired to immediatel& inter"ose his ob2ection thereto. 'hereafter! the (udge shall ma)e the ruling on the offer of evidence in o"en court. @o/ever the 2udge has the discretion to allo/ the offer of evidence in /riting in conformit& /ith Section 30! Rule 13-8 2. +etermine the most im"ortant /itnesses to be heard and limit the number of /itnesses <Most 5m"ortant 4itness Rule=. 'he facts to be "roven b& each /itness and the a""ro1imate number of hours "er /itness shall be fi1ed8 ). At his discretion! order the "arties to use the affidavits of /itnesses as direct testimonies sub2ect to the right to ob2ect to inadmissible "ortions thereof and to the right of cross-e1amination b& the other "art&. 'he affidavits shall be based on "ersonal )no/ledge! shall set forth facts as /ould be admissible in evidence! and shall sho/ affirmativel& that the affiant is com"etent to testif& to the matters stated therein. 'he affidavits shall be in 9uestion and ans/er form! and shall com"l& /ith the rules on admissibilit& of evidence8 l. Re9uire the "arties and>or counsel to submit to the 6ranch C%C the names! addresses and contact numbers of the /itnesses to be summoned b& sub"oena8 m. %rder the delegation of the rece"tion of evidence to the 6ranch C%C under Rule 308 and n. Refer the case to a trial b& commissioner under Rule 3-. +uring the "re-trial! the 2udge shall be the one to as) 9uestions on issues raised therein and all 9uestions or comments b& counsel or "arties must be directed to the 2udge to avoid hostilities bet/een the "arties. 4

,. 'he trial 2udge shall schedule the "re-trial in the afternoon sessions and set as man& "re-trial conferences as ma& be necessar&. :. All "roceedings during the "re-trial shall be recorded. 'he minutes of each "re-trial conference shall contain matters ta)en u" therein more "articularl& admissions of facts and e1hibits and shall be signed b& the "arties and their counsel. ;. 'he 2udge shall issue the re9uired #re-'rial %rder /ithin ten <10= da&s after the termination of the "re-trial. Said %rder shall bind the "arties! limit the trial to matters not dis"osed of and control the course of the action during the trial. A sam"le #re'rial %rder is hereto attached as Anne1 7+.7 @o/ever! the Court ma& o"t to dictate the #re-'rial %rder in o"en court in the "resence of the "arties and their counsel and /ith the use of a com"uter! shall have the same immediatel& finali?ed and "rinted. %nce finished! the "arties and>or their counsel shall sign the same to manifest their conformit& thereto. 9. 'he court shall endeavor to ma)e the "arties agree to an e9uitable com"romise or settlement at an& stage of the "roceedings before rendition of 2udgment.

6. Criminal Cases
1. 6efore arraignment! the Court shall issue an order directing the "ublic "rosecutor to submit the record of the "reliminar& investigation to the 6ranch C%C for the latter to attach the same to the record of the criminal case. 4here the accused is under "reventive detention! his case shall be raffled and its records transmitted to the 2udge to /hom the case /as raffled /ithin three da&s from the filing of the com"laint or information. 'he accused shall be arraigned /ithin ten da&s from the date of the raffle. 'he "re-trial of his case shall be held /ithin ten da&s after arraignment unless a shorter "eriod is "rovided for b& la/. 11 -. After the arraignment! the court shall forth/ith set the "re-trial conference /ithin thirt& da&s from the date of arraignment! and issue an order3 <a= re9uiring the "rivate offended "art& to a""ear thereat for "ur"oses of "lea-bargaining e1ce"t for violations of the Com"rehensive +angerous +rugs Act of -00-! and for other matters re9uiring his "resence81- <b= referring the case to the 6ranch C%C! if /arranted! for a "reliminar& conference to be set at least three da&s "rior to the "retrial to mar) the documents or e1hibits to be "resented b& the "arties and co"ies thereof to be attached to the records after com"arison and to consider other matters as ma& aid in its "rom"t dis"osition8 and <c= informing the "arties that no evidence shall be allo/ed to be "resented and offered during the trial other than those identified and mar)ed during the "re-trial e1ce"t /hen allo/ed b& the court for good cause sho/n. A co"& of the order is hereto attached as Anne1 7C7. 5n mediatable cases! the 2udge shall refer the "arties and their counsel to the #MC unit for "ur"oses of mediation if available. 3. +uring the "reliminar& conference! the 6ranch C%C shall assist the "arties in reaching a settlement of the civil as"ect of the case! mar) the documents to be "resented as e1hibits and co"ies thereof attached to the records after com"arison! ascertain from the "arties the undis"uted facts and admissions on the genuineness and due e1ecution of documents mar)ed as e1hibits and consider such other matters as ma& aid in the "rom"t dis"osition of the case. 'he "roceedings during the "reliminar& conference shall be recorded in the Minutes of #reliminar& Conference to be signed b& both "arties and counsel. <#lease see Anne1 767= 5

'he Minutes of #reliminar& Conference and the e1hibits shall be attached b& the 6ranch C%C to the case record before the "re-trial. .. 6efore the "re-trial conference the 2udge must stud& the allegations of the information! the statements in the affidavits of /itnesses and other documentar& evidence /hich form "art of the record of the "reliminar& investigation. 0. +uring the "re-trial! e1ce"t for violations of the Com"rehensive +angerous +rugs Act of -00-! the trial 2udge shall consider "lea-bargaining arrangements.13 4here the "rosecution and the offended "art& agree to the "lea offered b& the accused! the court shall3 a. 5ssue an order /hich contains the "lea bargaining arrived at8 b. #roceed to receive evidence on the civil as"ect of the case8 and c. Render and "romulgate 2udgment of conviction! including the civil liabilit& or damages dul& established b& the evidence.1. ,. 4hen "lea bargaining fails! the Court shall3 a. Ado"t the minutes of "reliminar& conference as "art of the "re-trial "roceedings! confirm mar)ings of e1hibits or substituted "hotoco"ies and admissions on the genuineness and due e1ecution of documents and list ob2ect and testimonial evidence8 b. Scrutini?e ever& allegation of the information and the statements in the affidavits and other documents /hich form "art of the record of the "reliminar& investigation and other documents identified and mar)ed as e1hibits in determining farther admissions of facts! documents and in "articular as to the follo/ing310 1. the identit& of the accused8 -. court s territorial 2urisdiction relative to the offense>s charged8 3. 9ualification of e1"ert /itness>es8 .. amount of damages8 0. genuineness and due e1ecution of documents8 ,. the cause of death or in2ur&! in "ro"er cases8 :. ado"tion of an& evidence "resented during the "reliminar& investigation8 ;. disclosure of defenses of alibi! insanit&! self-defense! e1ercise of "ublic authorit& and 2ustif&ing or e1em"ting circumstances8 and 9. such other matters that /ould limit the facts in issue. c. +efine factual and legal issues8 d. As) "arties to agree on the s"ecific trial dates and adhere to the flo/ chart determined b& the court /hich shall contain the time frames for the different stages of the "roceeding u" to "romulgation of decision and use the time frame for each stage in setting the trial dates8 6

e. Re9uire the "arties to submit to the 6ranch C%C the names! addresses and contact numbers of /itnesses that need to be summoned b& sub oena&'( and f. Consider modification of order of trial if the accused admits the charge but inter"oses a la/ful defense. :. +uring the "re-trial! the 2udge shall be the one to as) 9uestions on issues raised therein and all 9uestions must be directed to him to avoid hostilities bet/een "arties. ;. All agreements or admissions made or entered during the "re-trial conference shall be reduced in /riting and signed b& the accused and counsel! other/ise! the& cannot be used against the accused. 'he agreements covering the matters referred to in Section 1 of Rule 11; shall be a""roved b& the court. <Section -! Rule 11;= 9. All "roceedings during the "re-trial shall be recorded! the transcri"ts "re"ared and the minutes signed b& the "arties and>or their counsels. 10. 'he trial 2udge shall issue a #re-trial %rder /ithin ten <10= da&s after the termination of the "re-trial setting forth the actions ta)en during the "re-trial conference! the facts sti"ulated! the admissions made! evidence mar)ed! the number of /itnesses to be "resented and the schedule of trial. Said %rder shall bind the "arties! limit the trial to matters not dis"osed of and control the course the action during the trial.1:

Cncl3 Anne1 7A7 - Summons Anne1 767 - Notice of #re-trial Conference in Civil Cases Anne1 7C7 - Minutes of #reliminar& Conference Anne1 7+7 - #re-trial %rder in Civil Cases Anne1 7C7 - Notice of #re-trial Conference in Criminal Cases

According to (ustice (ose D. Beria! Co-Chairman of the Revision of the Rules of Court Committee! Rules -0 and -, re9uire the "arties to avail of said rules. <199: Rules of Civil #rocedure! ". ;; and ". ;9! #hili""ine Eegal Studies! Series No. 0! 199;=

Administrative Circular No. 3-99 dated 10 (anuar& 1999.

Sec. 1! Rule 1;! 199: Rules of Civil #rocedure. Sec. ,! Rule 1;! 199: Rules of Civil #rocedure.
5ssuances of the Court in A.M. No. 01-10-0-SC-#@5E(A dated %ctober 1,! -001! Administrative Circular No. -0-00- dated A"ril -.! -00- and A.M. No. 0.-3-10-SC-#@5E(A dated March -3! -00. relative to the use of Alternative +is"ute Resolution in #re-'rial! "articularl&! on court-anne1ed mediation shall continue to a""l& in "roceedings before "ilot courts in Metro Manila! Cebu and +avao. Fol. 5! -00- Revised Manual for Cler)s of Court! "". -3.--... Administrative Circular No. 3-99 dated 10 (anuar& 1999. 5bid.
Administrative Circular No. 3-99 dated 10 (anuar& 1999. )bid.

10

11

Sec. 1! Rule 11,! Revised Rules of Criminal #rocedure! as amended.

1-

Sec. 1! Rule 11;! )d 6ellosillo! (.! Cffective #re-trial 'echni9ue! "". .-.-. )d., "". .-.3.
)d., "". .-... )d., "". .-.0.

13

1. 10 1,

1:

6ellosillo! Cffective #re-trial 'echni9ue! 1990! ". ,--! Sec. :! Rule 1;! 199: Rules of Civil #rocedure and Sec. .! Rule 11;! Revised Rules of Criminal #rocedure.