MANUAL FOR LAWYERS AND PARTIES

Rules 22 and 24
Revised Rules of Civil Procedure
(Pursuant to A.M. 14-03-02-SC, March 8, 2014)

RULE 22: PRELIMINARY CONFERENCE

I.

BEFORE THE PRELIMINARY CONFERENCE

A. Pleadings, motions and modes of discovery
1. Ensure that you have filed all the necessary pleadings in
support of your cause of action.1
2. Avail of the various modes of discovery under Rules 27 to
31 of the Revised Rules of Civil Procedure [Section 22.3]. 2
3. When discovery procedures are availed of, submit
material portions of the discovery proceedings, previously
undisclosed documents or facts, and judicial affidavits
pertaining to the fruits of the discovery within sixty (60)
days from the start of the discovery process [Section
22.3].
B. Judicial Dispute Resolution (JDR)
1. Exert efforts to settle the dispute amicably [Section
22.1(a)].
2. If there is failure of JDR, discuss with the other party or
counsel whether you intend the JDR judge to retain the
case and preside over further proceedings [Section 22.2].
3. File a joint written motion or manifestation requesting the
court to retain the case, if mutually agreed upon by the
parties [Section 22.2].
C. Judicial Affidavits
1. Request for the issuance of a subpoena ad testificandum
or duces tecum if your intended witness, who is neither
the witness of the adverse party nor a hostile witness,

See Rules 6 on Kinds of Pleadings, Rule 10 on Amended and Supplemental Pleadings,

Rule 12 on Bill of Particulars, Rule 15 on Motions to Dismiss in the 1997 Rules of Civil
Procedure.
Note: Rule 6 on Conditions to Action, i.e.., prior written demand,
written proof of failed effort to meet and negotiate, certification of failure of
subsequent submission to mediation, in the Revised Rules of Civil Procedure, have
not yet been adopted, and thus, may not yet be applicable to pilot-courts.

2 Rules 27 to 31 have not yet been adopted and, thus, may not yet be applicable to
pilot-courts.

2.

3.

4.

5.

6.

7.

8.
9.

unjustifiably declines to execute a judicial affidavit or

provide the relevant documentary and/or object evidence
[Section 22.2(d)].
If the court issues a subpoena as requested, personally
serve the subpoena upon the intended witness and bear
the cost of the expenses of the witness in appearing
before the lawyer who will prepare or supervise the
preparation of the judicial affidavit [Section 22.2(d)].
Request for leave of court to prepare an affidavit through
video conferencing if a vital witness is: (a) outside of the
Philippines, or (b) shown to be under an exceptional or
compelling predicament, during the period for the
submission of judicial affidavits [Section 22.2(f)].
If the motion for leave of court to prepare an affidavit
through video conferencing of a vital witness is granted,
submit the judicial affidavit to the court with attestation
regarding its authenticity [Section 22.2(f)].
Within thirty (30) days from receipt of the notice of the
court to submit judicial affidavits and documentary or
object evidence, submit and serve the judicial affidavits
of all the witnesses intended to be presented, attaching
the documentary and/or object evidence properly
identified and authenticated [Section 22.2(a)]. Upon
submission of the judicial affidavits and evidence, the
direct testimony of the witnesses and the evidence
previously marked as exhibits shall be deemed offered
and admitted [Section 22.2(i)].
Within the same period of thirty (30) days, file a motion
to allow a witness to testify in court containing the
substance of the testimony which shall be restricted to
relevant facts, if such witness is unable to execute a
judicial affidavit because of exceptional and compelling
reasons, i.e., government employees or officials with high
demand of their official work [Section 22.2(g)].
Within fifteen (15) days from receipt of the adverse
partys judicial affidavits, submit reply judicial affidavits
on matters not touched on in the initial affidavits [Section
22.2(b)].
Submission of further judicial affidavits must be with
leave of court and for justifiable grounds [Section
22.2(b)].
In case of failure to submit the required judicial affidavits
and exhibits when due:
a) Submit the required judicial affidavits and exhibits
within fifteen (15) days from receipt of the adverse

partys judicial affidavits with good cause shown

[Section 22.2(e)].
b) If failure is without good cause, pay the fine imposed
by the court (PhP1,000 - PhP5,000) and submit the
required judicial affidavits and exhibits within fifteen
(15) days from receipt of the adverse partys judicial
affidavits [Section 22.2(e)].
10.
In case of non-conformity of the judicial affidavit to
the content requirements:
a) If the non-compliance is with good cause, submit
compliant replacement affidavits within ten (10) days
from receipt of the exclusion order issued by the
court [Section 22.2(h)].
b) If the non-compliance is without good cause, pay the
fine imposed by the court (PhP1,000 - PhP5,000) and
submit compliant replacement affidavits within ten
(10) days from receipt of the exclusion order issued
by the court [Section 22.2(h)].
D. Comparison of evidence for admission [Section 22.2(c)]
1. If the original document or evidence will be retained in
the partys or witness possession, request a schedule for
comparison of documents and evidence before the
branch clerk of court.
2. During the scheduled comparison, bring the original
document or object evidence for comparison by the
adverse party.
3. Unless comparison is done or deemed waived by the nonappearance of the adverse party, the copy attached to
the judicial affidavits shall not be admitted.
E. Terms of Reference [Section 22.4]
1. Submit a brief, concise, and fair draft of the Terms of
Reference to the court and serve copies thereof to the
adverse party within fifteen (15) days from receipt of the
order issued by the court for submission thereof [Section
22.4(a)].3
3 Contents of the draft Terms of Reference:Summary of the admitted facts;
2. Statement of the documents attached to judicial affidavits or object evidence
referred to are faithful copies, reproductions, or pictures of their originals if
such be the case;
3. Summary of the totality of the facts that the plaintiffs evidence appears to
have established;
4. Summary of the totality of the facts that the defendants evidence appears to
have established;
5. Statement of the factual issue or issues that the conflicting evidence of the
parties present;

2. Failure to submit the draft Terms of Reference shall be

deemed a waiver of the submission of such draft, without
prejudice to appropriate sanctions for failure to comply
with an order of the court [Section 22.4(f)].
F. Schedule of Preliminary Conference
1. Coordinate with the branch clerk of court by phone calls
and electronic messages to set the date of the
preliminary conference [Section 22.5].
2. For lawyers, promptly inform the client-party of the date
and time set for, as well as the importance of attending,
the preliminary conference [Section 22.5].
II.

PRELIMINARY CONFERENCE PROPER

A. Appearance of parties and counsel
1. If the party cant attend the scheduled preliminary
conference, prepare the necessary special power of
attorney fully authorizing counsel or another person to
appear and act on his or her behalf during the preliminary
conference.
2. Appear at the scheduled preliminary conference. Nonappearance may be excused only for valid cause or if the
party is duly represented by a person fully authorized to
act on his behalf on all matters subject of the preliminary
conference [Section 22.6].
3. In case of failure to appear at the scheduled preliminary
conference and within fifteen (15) days from notice of the
decision rendered by the court, notify the adverse party
and file a motion with the court to set aside decision as in
default explaining that failure to appear was due to
extrinsic fraud or unavoidable accident [Section 22.8].
4. In case failure to appear at the scheduled preliminary
conference was not due to extrinsic fraud or unavoidable
accident, notify the adverse party and file a motion to set
aside decision in default with admission of error or
neglect by the party or counsel, and pay the
corresponding fine imposed by the court (PhP1,000 PhP5,000) [Section 22.8].
B. Matters to be taken up
6. List of the witnesses from either side who are competent to testify on each of
the factual issues or related factual issues in the case; and
7. Statement of the legal issues that the case presents once the factual issues
and related factual issues have been resolved.

1. Determine and advise the court whether there is a need

to amend or make changes to the Terms of Reference
prepared by the court [Section 22.9(a)].
2. If there are issues which, under the Terms of Reference
prepared by the court, are excluded for trial, request that
such excluded issue/s be included for trial and deposit
court costs amounting to not less than PhP10,000.00 but
not more than PhP50,000.00 as may be imposed by the
court. The court costs deposited shall be forfeited to the
court if the issue so included is determined to be a sham
by the court or a higher court on appeal; otherwise, the
amount shall be refunded [Section 22.9(b)].
3. Consult with the adverse party if there is a chance of
amicable settlement and, if so, request the court to
adjourn the preliminary conference [Section 22.9(c)].
4. For purposes of the Order of Trial to be issued [Section
22.9(d)]:
a) Inform the court which issues are intended to be
heard first or simultaneously, in case of related
issues.
b) Name the witnesses who will be presented to testify
on each specific issue to be heard and if a witness or
witnesses will testify on more than one issue.
c) Agree on the specific dates of trial and reception of
evidence of each issue or related issues.
d) Elect the mode of trial to be adopted by the court. If
an alternate trial is desired, agree with the adverse
party.
e) In case the mode of trial adopted will be face-to-face,
determine whether a simple or regular face-to-face
trial is necessary. Inform the court of the witnesses
exempt from face-to-face examination and request a
separate date and schedule for their examination.
f) Inform the court if there are certain issues which
must be tried by commissioners.
5. Determine if there is a need to make changes in the
details to be included in the Order of Trial based on the
summary given by the judge at the end of the preliminary
conference.
C. Judgment or dismissal [Section 22.9(e)]
1. Point out the existence of a genuine issue involved in the
case so as to preclude the court from immediately
rendering judgment or dismissing the case.
2. If the court determines that there is a ground for
dismissal of the case, prepare the evidence in support

thereof for presentation at the date set by the court for

its reception.
III.

AFTER THE PRELIMINARY CONFERENCE

A. Final Terms of Reference
1. Ensure that any and all necessary changes to the Terms
of Reference have been reflected and payment of court
costs has been made for the inclusion of excluded issue/s
for trial, if applicable.
2. Wait for the final Terms of Reference to be issued by the
court, which must be received before the first scheduled
date of trial.
B. Order of Trial
1. Await the Order of Trial to be issued by the court and
ensure that the same accurately reflects the matters
taken up and agreed upon during the preliminary
conference.
2. Prepare the witnesses and evidence to be presented at
the scheduled dates of trial as indicated in the Order of
Trial.
C. Judgment or dismissal
1. Point out the existence of a genuine issue involved in the
case so as to preclude the court from immediately
rendering judgment or dismissing the case.
2. If the court determines that there is a ground for
dismissal of the case, prepare the evidence in support
thereof for presentation at the date set by the court for
its reception.

RULE 24: TRIAL

I. BEFORE TRIAL
A. Appearance and postponements
1. Appear at the scheduled date and time of trial along with
all the witnesses who will testify on the issue or related
issues scheduled to be heard as provided in the Order of
Trial.
2. If any of the witnesses cannot converse effectively in
English or Filipino, request from the court an interpreter
knowledgeable of the language or dialect known to the

witness or offer to provide one for the hearing. [Section

24.17]
3. In case of fortuitous event or serious illness of the counsel
or witness, file a motion for postponement or resetting of
trial with the court with the evidence necessary to
satisfactorily prove the ground invoked. [Section
24.14(a)]
4. If the ground for postponement or resetting of trial is
serious illness of counsel or witness, obtain and attach to
the motion for postponement or resetting of trial the
medical certificate issued by a physician stating that the
illness is of such gravity as to prevent the counsels or
witness presence at the scheduled hearing. [Section
24.14(b)]
5. Notify the physician who issued the medical certificate to
appear before the court if the judge requires his
appearance to verify the truth of the certification.[Section
24.14(b)]
B. Consequences of failure to appear
1. Failure to appear at the pre-agreed face-to-face trial
without obtaining prior postponement shall be considered
a waiver of appearance. The absent counsels witnesses,
if present, will be examined in the usual course of trial.
[Section 24.15(a)]
2. If the absent party is a witness who executed a judicial
affidavit, the adverse party may use such judicial affidavit
as a judicial admission of the absent party. [Section
24.15(b)]
C. Disqualification of witnesses and/or exclusion of judicial affidavit
1. Before examining the witness of the adverse party, move
to disqualify such witness or to strike out or exclude the
whole or part of his/her judicial affidavit or to exclude any
of the answers found in it or exhibits attached to it on the
ground of inadmissibility [Section 24.4(b) and (c)].
2. If the exhibits sought to be excluded are voluminous, file
a motion to facilitate the court in resolving the objection.
If the court excludes the exhibits on the grounds of public
policy, tender such excluded evidence under the
appropriate rule [Section 24.4(c)].4
II. TRIAL PROPER
4 The rule on Proffer of Excluded Evidence is not yet part of the rules for pilot
testing.

A. Common Rules
1. Advise the witness that he/she may testify either in
English or Filipino. [Section 24.17]
2. If the witnesses cannot properly take part in the
exchange because of language difficulty, move that the
examination of the witness be conducted in the language
or dialect known to the witness. [Section 24.17]
3. Follow the sequence of factual issues to be tried by the
court as appearing in the Order of Trial. Prepare the
witness or witnesses to be presented to testify on the
factual issue or related issues scheduled for hearing
[Section 24.4(a)].
4. Examine the witnesses to determine the truthfulness of
their judicial affidavits [Section 24.4(d)].
5. Take
exception/s or objection/s to the questions
propounded by the court or other counsel to the witness
as follows [Sections 24.8 and 24.9]:
Type of Objection
FORM, i.e., questions are
argumentative,
leading,
multiple, repetitive, vague,
improper characterization,
confusing or unfair
SUBSTANCE, i.e., questions
are perceived to elicit
inadmissible answers such
as, but not limited to, those
relating to right against selfincrimination,
privileged
communication,
disqualification, Statute of
Frauds, rape shield law,
bank secrecy laws, AntiMoney Laundering Act, and
other
laws
or
rules
prohibiting disclosure of
information or data
ADMISSIBILITY
under
applicable provisions of the
Rules on Evidence, i.e., best
evidence, parol evidence,
conclusion
or
opinion
evidence, hearsay evidence,
irrelevant
evidence
or
character evidence

When made
After question has
been answered

Court Action
(1) Note the exceptions
or, (2) strike out the
answer and rephrase
the question

Before witness
answers the
questions

Promptly
rule
on
exceptions or motions

If answer already
given, counsel may
move to strike out
the answer

After the question

has been answered

Note
exception
and
consider when deciding
the case

B. Allowed Motions
1. Motion to admit newly discovered evidence - If evidence
is newly discovered during trial, file a motion to admit the
newly-discovered evidence. [Section 24.16].
2. Motion to amend Order of Trial- If new issues arise during
the course of trial, even without amending the pleadings,
file a motion to amend the Order of Trial [Section 24.16].
3. Motion for leave for an expert to ask question directed to
adverse partys expert witness- If necessary, file a Motion
for Leave for an expert witness to ask questions directed
to the adverse partys expert witness on any matter
covered by the testimony of the latter on the issue or
related issues at hand [Section 24.11].

C. Modes of Trial
1. ALTERNATE TRIAL
a) Presentation of witnesses by the parties.
i If you have the burden of proving the
affirmative
of
the
first
issue
under
consideration, be the first to present witnesses
respecting such issue [Section 24.5(b)].
ii If more than one witness will be presented,
present the witnesses successively respecting
such issue. [Section 24.5(b)]
iii After each witness is presented, the court will
be the first to examine each of the witnesses.
[Section 24.5(c)]
iv After the court examines each of the witnesses
presented, the counsel/s will then take turns to
conduct the cross, re-direct and re-cross of the
particular witness. [Section 24.5(c)]
v After the court and the counsels have
examined all the witnesses for the particular
issue or related issues, the counsel for the
adverse party shall present the witness/es for
that issue [Section 24.5(e)].
vi After each adverse party witness is presented,
the court will be the first to examine each of
the witnesses. [Section 24.5(c)]
vii After the court examines each of the witnesses
presented by the adverse party, the counsel/s

will then take turns to conduct the cross, redirect and re-cross of the adverse party
witness/es. [Section 24.5(c)]
viiiDuring the examination of the witnesses
ensure that it is entirely focused on the issue/s
at hand and not dwell on matters outside of
and totally unrelated to such issue/s. [Section
24.5(d)].
ix After all the witnesses from both sides have
been examined respecting the issue or related
issues, move on to the next issue or related
issues as appearing in the Order of Trial.
[Section 24.5(e)] following the same rules.
b) Memorandum and Oral Arguments
i After the examination of all the witnesses of
the contending parties by the court and
counsels, and all the issues as appearing on
the Order of Trial have been heard,
simultaneously submit the memorandum or
draft decision within thirty (30) days from the
last day of trial. A softcopy of the document in
a format acceptable to the court shall also be
included [Section 24.13 (a) (1)].
ii After the memoranda of the parties have been
submitted, prepare and present the case for
oral argument on such date and time as the
court and parties may agree on [Section 24.13
(a) (2)].
iii Await the decision of the court which will be
rendered within ninety (90) days after the oral
arguments of the parties. [Section 24.13 (a)
(3)]
2. REGULAR FACE-TO-FACE TRIAL
a) Ground rules
i Make sure that all the witnesses are present
during the scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-toface examination are not included, i.e., a child
witness or a person who is mentally,
psychologically, or physically challenged or
under a similar conditions that puts such
witness in a disadvantage in a face-to-face
confrontation. Examine these exempt witness

iii
iv
v

vi
vii

separately on the schedules indicated in the

Order of Trial. [Section 24.10]
Arrange the witness in such a way that they sit
face-to-face around the table in a nonadversarial environment [Section 24.6(b)].
Ensure that only one person at a time shall
speak during trial and with prior permission of
the court. [Section 24.6(c)].
Instruct the witnesses and the parties that the
person who is speaking must identify
himself/herself for the record at all times
[Section 24.6(c)].
Object to a witness who attempts pose
questions to other witnesses relating to their
testimonies. [Section 24.6 (e)]
Ensure that witnesses are given equal time and
opportunity to answer questions propounded
by the court and/or the counsels [Section 24.6
(e)].

b) First phase: Examination by the Court

i All the witnesses from the contending sides
appearing
before
the
court
shall
simultaneously swear to the truth of their
respective testimonies. [Section 24.6(a)]
ii Observe the court as it examines and questions
the witnesses from the contending sides
regarding the issue or related issues at hand in
no particular sequence and take note of the
answers given by the witnesses in preparation
for the second phase [Section 24.7 (g)].
iii When the questions are directed to your
specific witness, your other witnesses may
seek permission to supplement, clarify or
qualify the answers the first witness has given.
[Section 24.7(b)]
iv If your witnesses are from the adverse party,
ensure that your witnesses are given equal
time and opportunity to reply to the question
propounded to the other partys witness.
[Section 24.7(c)]
c) Second phase: Examination by Counsel
i After the first phase is concluded, counsels
from the contending sides shall cross-examine,
re-direct and re-cross the witnesses based on

ii

iii
iv
v

their judicial affidavits, the attached exhibits,

the answers the witnesses gave during the
courts first-phase examination, or their
testimonies. This phase is without prejudice to
the courts further examination of the
witnesses already examined by counsels.
[Section 24.7 (h)]
Follow the fixed sequence of examination as
appearing in the Order of Trial, especially
where there are multiple parties involved
[Section 24.7 (h)].
Ensure that a witness whose testimony is
adverse is examined [Section 24.7 (h)].
Adopt the testimony of another partys witness
if such testimony is favorable [Section 24.7
(h)].
After
counsels
have
concluded
their
examination of witnesses for the previous
issue, move for the examination of the
witnesses to be presented for the next issue or
related issues based on the Order of Trial.
Otherwise, adjourn the trial until the next
scheduled trial date appearing on the Order of
Trial [Section 24.7 (i)].

d) Memorandum and Oral Arguments

i After the examination of all the witnesses of
the contending parties by the court and
counsels, and all the issues as appearing on
the Order of Trial have been heard,
simultaneously submit the memorandum or
draft decision within thirty (30) days from the
last day of trial. A softcopy of the document in
a format acceptable to the court shall also be
included [Section 24.13 (a) (1)].
ii After the memoranda of the parties have been
submitted, prepare and present the case for
oral argument on such date and time as the
court and parties may agree on [Section 24.13
(a) (2)].
iii Await the decision of the court which will be
rendered within ninety (90) days after the oral
arguments of the parties. [Section 24.13 (a)
(3)]
3. SIMPLE OR SUMMARY FACE-TO-FACE TRIAL

a) Ground rules
i Make sure that all the witnesses are present
during the scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-toface examination are not included, i.e., a child
witness or a person who is mentally,
psychologically, or physically challenged or
under a similar conditions that puts such
witness in a disadvantage in a face-to-face
confrontation. Examine these exempt witness
separately on the schedules indicated in the
Order of Trial. [Section 24.10]
iii Arrange the witness in such a way that they sit
face-to-face around the table in a nonadversarial environment [Section 24.6(b)].
iv Ensure that only one person at a time shall
speak during trial and with prior permission of
the court. [Section 24.6(c)].
v Instruct the witnesses and the parties that the
person who is speaking must identify
himself/herself for the record at all times
[Section 24.6(c)].
vi Object to a witness who attempts pose
questions to other witnesses relating to their
testimonies. [Section 24.6 (e)]
vii Ensure that witnesses are given equal time and
opportunity to answer questions propounded
by the court and/or the counsels [Section 24.6
(e)].
viiiConduct the trial in one setting. [Section 24.12]
b) First phase: Examination by the Court
i All the witnesses from the contending sides
appearing
before
the
court
shall
simultaneously swear to the truth of their
respective testimonies. [Section 24.6(a)]
ii Observe the court as it examines and questions
the witnesses from the contending sides
regarding the issue or related issues at hand in
no particular sequence and take note of the
answers given by the witnesses in preparation
for the second phase [Section 24.7 (g)].
iii When the questions are directed to your
specific witness, your other witnesses may
seek permission to supplement, clarify or

qualify the answers the first witness has given.

[Section 24.7(b)]
iv If your witnesses are from the adverse party,
ensure that your witnesses are given equal
time and opportunity to reply to the question
propounded to the other partys witness.
[Section 24.7(c)]
c) Second phase: Examination by Counsel
i After the first phase is concluded, counsels
from the contending sides shall cross-examine,
re-direct and re-cross the witnesses based on
their judicial affidavits, the attached exhibits,
the answers the witnesses gave during the
courts first-phase examination, or their
testimonies. This phase is without prejudice to
the courts further examination of the
witnesses already examined by counsels.
[Section 24.7 (h)]
ii Follow the fixed sequence of examination as
appearing in the Order of Trial, especially
where there are multiple parties involved
[Section 24.7 (h)].
iii Ensure that a witness whose testimony is
adverse is examined [Section 24.7 (h)].
iv Adopt the testimony of another partys witness
if such testimony is favorable [Section 24.7
(h)].
v After
counsels
have
concluded
their
examination of witnesses for the previous
issue, move for the examination of the
witnesses to be presented for the next issue or
related issues based on the Order of Trial.
Otherwise, adjourn the trial until the next
scheduled trial date appearing on the Order of
Trial [Section 24.7 (i)].
d) Oral arguments, oral judgment and memorandum or
draft decision
i After the examination of all the witnesses,
present a brief oral argument if ordered by the
court. [Section 24.13 (b) (1)].
ii The parties or their counsels shall sign the
minutes of the proceedings containing the oral
judgment as evidence of notification. [Section
24.13 (b) (2)].

iii The winning party shall submit within thirty

(30) days from the oral judgment, a
memorandum or draft decision based on the
oral judgment rendered. The winning party
must include a softcopy of the document in a
format acceptable to the court. [Section 24.13
(b) (3)].
iv In place of oral argument, submit the
memorandum or draft decision within thirty
(30) days from the last day of trial. A softcopy
of the document in a format acceptable to the
court shall also be included [Section 24.13 (b)
(4)].
iv Await the decision of the court which will be
rendered within sixty (60) days after the oral
arguments of the parties, if any, or from the
date the trial ended. [Section 24.13 (b) (5)]
III. AFTER TRIAL
A. Decision
B. Appeal - In case of an adverse decision, file an appeal. The
period to appeal shall be reckoned from the date of receipt of the
written decision by the appealing party. [Section 24.13 (b) (6)].

SAMPLE CASE
Company A, a construction company, entered into supply contract with Company B as
supplier. One of the terms of the contract is for Company B to supply 100 pcs. of Narra wood
panels to be used as flooring in Companys A projects. One of the requisites for the
perfection of the contract is for Company B to provide a Narra wood panel sample to
Company A. Company B presented Narra wood panel class 3 to Company A which the latter
approved.
Company A is now suing Company B for breach of contract with damages for failure to
provide the Narra wood panels to Company A in accordance with the terms of the contract.
In its Answer, Company B argued that it complied with the terms of the contract because it
delivered Narra wood panels. Its failure to deliver the Narra wood panel class 3 to Company
A was due to a log ban imposed by the government which constitutes a fortuitous event.
Company B argued that the wood panel it provided is Narra wood class 4 which substantially
complies with its obligation under the contract.
During preliminary conference, the issues were identified as follows:

(a) Whether or not Company B breached its obligation under the supply contract to
supply Narra wood panels to Company A;
(b) Whether or not the log ban is considered a fortuitous event; and
(c) Whether or not Company B is liable for damages to Company A.

J
U
D
G
E

St
en
og
ra
ph
er

CASE ILLUSTRATION FOR FACE-TO-FACE TRIAL

Illustration of Faceto-Face Trial

A. Trial on the first issue of whether or not Company B breached its
obligation under the supply contract to supply Narra wood panels to
Company A
1. The first-phase of examination

2. The second-phase of examination

After
Counsels After
Counsels
(Company B) cross- (Company
A)
reexamination
direct-examination

The cross, re-direct,

and
re-cross
examination
will
continue with Witness
B-1. At any time, the
Judge
may
ask
additional
questions
to the witnesses.

B. Trial on the second issue of whether or not the log ban is considered a
fortuitous event

a. First phase examination

When all the witnesses have

been examined on the first
issue, trial shall move on to the
second issue in the Order of
Trial.

b. Second phase examination

C. Trial on the third issue of whether Company B is liable for damages

to Company A
a. First phase examination

When all the witnesses have

been examined on the second
issue, trial shall move on to the
third issue in the Order of Trial.

b. Second phase examination

Just a minute, counsel, so Company A

used the Class 4 Narra delivered by
Company B?

CASE ILLUSTRATION FOR ALTERNATE TRIAL

A. Trial on the first issue

a. Presentation by Company A of its witnesses and evidence

b. Presentation by Company B of its witnesses and evidence

B. After the examination of the witnesses of the contending parties has

terminated, trial will proceed to the subsequent issues (Second,
Third) as appearing in the Order of Trial.