ARELLANO UNIVERSITY SCHOOL OF LAW

2nd Semester 2018-2019

CIVIL PROCEDURE
Saturdays, 1:00 PM – 6:00 PM, FCJ 306
Atty. Jose Parungo

OUTLINE OF AM NO. 03-1-09-SC (13 JULY 2004)

GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND
USE OF DEPOSITION-DISCOVERY MEASURES

PRE-TRIAL OR DEPOSITION-DISCOVERY MEASURES

 Important and vital components of case management in trial courts

FUNCTIONS
 Abbreviate court proceedings
 Ensure prompt disposition of cases
 Decongest court proceedings
 Ensure prompt disposition of trial guidelines laid down in Administrative Circular No. 3-99 (15 January 1999)
 Exception: when specifically provided in other special rules and in other special rules

I. PRE-TRIAL

A. CIVIL CASES

1. Summons
 Within one (1) day from the receipt of the complaint
o Contains a reminder to defendant to observe restraint in filing a motion to dismiss and instead allege the grounds
thereof as defences in the Answer
 In conformity with IBP-OCA Memorandum on Policy Guidelines (2002)
o Order requiring the parties to avail of:
i. Interrogatories to parties under Rule 25
ii. Request for admission by adverse party under Rule 26 or at their discretion…
1. Make use of depositions under Rule 23
2. Other measures under Rule 27 and 28
 Within five (5) days from the date of filing the reply, the plaintiff must promptly move ex parte that the case be set for pre-trial
conference
o If the plaintiff fails to file said motion within the given period, the Branch COC shall issue a notice of pre-trial

2. Pre-trial Brief
 Three (3) days before the pre-trial  Submission of Pre-Trial Briefs.
 Content of Pre-Trial Briefs:
1. Statement of willingness to enter into an amicable settlement or submit the case to any of the alternative
dispute resolution
2. Summary of admitted facts and proposed stipulation of facts
3. Issues to be tried or resolved
4. The documents or evidence to be presented, stating the purpose thereof
5. Manifestation of having availed or their intention to avail themselves of discovery procedures or referral
to commissioners
6. Witnesses
a. Number and names
b. Substance of testimonies
c. Approximate number of hours that will be required by the parties for the presentation of their
respective witnesses
* N.B. The parties are bound by the representations and statements in their respective pre-trial briefs

3. Preliminary Conference
 At the start of the pre-trial conference:
o Judge shall immediately refer the parties and/or their counsel authorized by their clients to the PMC mediation unit for
purposes of meditation if available.
 If mediation fails:
o The judge will schedule the continuance of the pre-trial conference
SUBMITTED BY: MAAN P. VILLAR STUDENT NO.: 2016-0306 1
 ARELLANO UNIVERSITY SCHOOL OF LAW
2nd Semester 2018-2019
CIVIL PROCEDURE
Saturdays, 1:00 PM – 6:00 PM, FCJ 306
Atty. Jose Parungo

 Before the continuance:

o The Judge may refer the case to the Branch COC for a preliminary conference to assist the parties in reaching a
settlement, to mark the documents or exhibits to be presented by the parties and copies thereof to the attached records
after comparison and to consider such other matters as may aid in its prompt disposition
 During the preliminary conference:
o Branch COC shall ascertain from the parties the undisputed facts and admissions on the genuineness and execution of
the documents marked as exhibits
 Minutes of Preliminary Conference have been signed hence the delay:
o Minutes of the preliminary investigation
 Before the continuance:
o The Judge may refer the case to the Branch COC for a preliminary conference to assist the parties in reaching a
settlement
o Documents or exhibits to be presented by the parties and copies thereof are to be attached to the records after
comparison
o Other matters that would aid in the prompt disposition of the case are considered
 During the preliminary conference:
o The Branch COC shall ascertain from the parties the undisputed facts and admissions on the genuineness and due
execution of the documents marked as exhibits
 “Minutes of Preliminary Conference”
o How the proceedings in the preliminary conference are to be recorded
o Signed by both parties and/or counsel

4. Amicable Settlement and Compromise

 The court shall initially ask the parties and their lawyer if an amicable settlement of the case is possible.
 If an amicable settlement of the case is not possible, the judge may confer with the parties of the opposing counsel to consider the
following:
o Manner of compromise acceptable to the defendant
o Manner of compromise acceptable to the plaintiff
 If the manner of compromise is not acceptable, the judge shall confer with the parties without their counsel for the same purpose
of settlement.

5. Failure of Efforts to Settle

 If all efforts to settle fail, the trial judge shall:
o Adopt the minutes of the preliminary conference as part of the pre-trial proceedings
o Inquire if there are cases arising out of the same facts pending before other courts and order its consolidation if
warranted
o Inquire if the pleadings are in order and order the amendments if necessary
o Consider the adding and dropping of parties
o Scrutinize every allegation in the complaint, answer, and other pleadings and attachments thereto
 Depositions (Rule 23) – to obtain admissions
 Answer to Written Interrogatories (Rule 25)
 Answers to Requests for Admissions by the Adverse Party (Rule 26)
 Production of Documents or Things (Rule 27)
o Define and simplify the factual and legal issues arising from the pleadings
 Uncontroverted issues / frivolous claims – eliminated
 Factual issues – all evidence to support positions should be stated
 Legal issues – applicable law and jurisprudence supporting respective positions
o Applicable memoranda shall be required if only legal issues are presented
o Determine the propriety of rendering a summary judgment
 Dismissal of the case based on:
o Disclosures made at the pre-trial
o Judgment based on the pleadings
o Evidence identified
o Admissions made during pre-trial
o Continuous Trial in accordance with Circular No. 1-89
 Parties to agree on the specific trial dates

SUBMITTED BY: MAAN P. VILLAR STUDENT NO.: 2016-0306 2

 ARELLANO UNIVERSITY SCHOOL OF LAW
2nd Semester 2018-2019
CIVIL PROCEDURE
Saturdays, 1:00 PM – 6:00 PM, FCJ 306
Atty. Jose Parungo

 Adhere to the case flow chart determined by the court which shall contain the different stages of the
proceeding up to the promulgation of the decision
o One-Day Examination of Witness Rule
 General Rule: A witness has to be fully examined one (1) day only
 Exception: Court’s discretion on whether or not to extend the direct and/or cross-examination for justifiable
reasons
o Most Important Witness Rule
 Determine the most important witnesses to be heard and limit the number of witnesses
 The facts to be proven by each witness and the approximate number of hours per witness shall be fixed
o Affidavits of Witnesses
 May be used as direct testimonies subject to the right to object inadmissible portions and the right of cross-
examination by the other party
 Should be based on personal knowledge
 Set forth the facts as would be admissible in evidence and that the affiant is competent to testify to the
matters stated therein
 Form:
o Question and answer
o Compliant to the rules on the admissibility of evidence
o Witnesses to be Summoned by Subpoena
 Names, addresses and contact numbers should be submitted to the Branch COC
o Delegation of the reception of evidence
 Order to the Branch COC under Rule 30
o Trial by commissioner
 Referral should be under Rule 32
o During pre-trial…
 Judge shall be the one to ask questions on issues raised
 All questions or comments by counsel or parties must be directed to the judge to avoid hostilities between the
parties

6. Pre-trial Conference Schedules

 Scheduled in the afternoon sessions
 As many as necessary pre-trial conferences may be set by the trial judge

7. Recording of Pre-trial Proceedings

 All proceedings during pre-trial shall be recorded.
 Minutes
o Shall contain matters taken up therein more particularly admissions of facts and exhibits
o Signed by the parties and their counsel

8. Pre-Trial Order
 Issued within ten (10) days after the termination of the pre-trial
 Purpose
o Bind the parties
o Limit the trial to matters not disposed of
o Control the course of the action during the trial
 Court may opt to dictate the Pre-Trial Order in open court
o In the presence of the parties and their counsel
o With the use of a computer, have the same finalized and printed
o Parties and their counsel shall sign the same to manifest their conformity

9. Equitable Compromise or Settlement

 Endeavour by the court at any stage of the proceedings before the rendition of judgment

SUBMITTED BY: MAAN P. VILLAR STUDENT NO.: 2016-0306 3