Professional Documents
Culture Documents
and
Trial on the Issues
Rules 22 and 24
Members
Hon. Roberto A. Abad
Hon. Raul Bautista Villanueva
Hon. Selma P. Alaras
Hon. Caridad Walse-Lutero
Hon. Jose Lorenzo R. Dela Rosa
Hon. Maria Rowena Modesto San Pedro
Hon. Marjorie T. Uyengco-Nolasco
Hon. Barbara-Aleli H. Briones
Consultants:
Atty. Victor P. Lazatin
Atty. Vicente M. Joyas
Atty. Laurence Arroyo
Atty. Roberto Mendoza
Atty. Emily Manuel
OUTLINE
I. Preliminary Conference
(Rule 22)
II.Trial of Issues(Rule 24)
OVERVIEW
INITIATORY
PLEADING
PRELIMINARY
CONFERENCE
Secs. 22.5-22.9
TRIAL OF
ISSUES
ANSWER/REPLY/
OTHER
PLEADINGS
SUMMONS
TERMS OF
REFERENCE
Sec. 22.4
Rule 22
JDR
(Failed)
JUDICIAL
AFFIDAVITS AND
DOCUMENTARY
EVIDENCE
Sec. 22.2
JUDGMENT
Rule 24
APPEAL
EXECUTION
I. PRELIMINARY CONFERENCE
POLICY OBJECTIVES
1. Require parties to make a full disclosure of known facts
and to submit the affidavits and documents that
evidence their claims (GOAL: To enable the court to
accurately identify the issues)
2. Treat litigations as a collective effort (not adversarial)
to search for truth and to render justice to all
I. PRELIMINARY CONFERENCE
POLICY OBJECTIVES
3. Empower the judge to take a direct role in examining
the witnesses
4. Efficient use of the courts time without sacrificing
qualityParties/Counsel to do certain things such as
(1) Drafting TOR; and (2) Drafting Decision
5. Raise level of professionalism of court and counsel
I. PRELIMINARY CONFERENCE
KEY FEATURES
1. Mandatory disclosure of evidence (Sec. 22.2)
I. PRELIMINARY CONFERENCE
KEY FEATURES
2. Use of discovery procedures (Sec. 22.3)
3. Terms of Reference (Sec. 22.4)
4. Raffle to a Different Branch/Joint Motion to Retain
JDR Judge (Sec. 22.2)
5. Appearance of parties (Sec. 22.6)
I. PRELIMINARY CONFERENCE
KEY FEATURES
4. Decision by default (Secs. 22.7 to 22.8)
Terms of Reference
TERMS OF REFERENCE
I.Summary of admitted facts
II.Summary of totality of facts
that the evidence (Petitioners
and Respondents) appear to
have established
III.Statement of factual issue(s)
IV.List of witnesses
V.Statement
of
actual
or
potential legal issues that the
case presents
CONTROLS
SCOPE OF
TRIAL
RESPONDENT
SUBMITS Draft
COMMENT
15
DAYS
COURT FINALIZES
TOR
ORDER OF TRIAL
Trial of the Issues and
not Plaintiffs or
Defendants entire case
Fix order in which
issues are to be tried
Identify witnesses who
need to be present and
testify on such issues
Set specific dates for
reception of evidence
Determine whether
regular or simple trial
Witness exemption from
face-to-face examination
(1) Rule on Examination of Child
REGULAR
TRIAL
Issues are
complex or
numerous
Several witnesses
or numerous
pieces of
evidence
1 or more
hearing dates
SIMPLE
TRIAL**
vs.
TWO-PHASE EXAMINATION
BY THE COURT
No particular sequence on
the issues/related issues at hand
Court may direct question to
one or more of the witnesses
from contending sides
Other witnesses from the same
side may supplement, clarify or
qualify answer of first witness
Equal time and opportunity
to reply
Allow divergent exchanges
provided new facts or new
arguments are introduced; stop
when
repetitive/judge
is
sufficiently clarified
COURT
MAY
SUMMARIZE
respective positions, then move
on
BY COUNSEL
(may examine on the same
issue or related issues in the 1st phase)
Unless court
sequence is:
orders
otherwise,
1. Petitioners Witness
CX/RD/RX on the Judicial
Affidavit & Answer in the 1st phase
2. Respondents Witness
CX/RD/RX
3. Other Parties Witnesses
CX/RD/RX
)Counsel may object to questions
or
move to strike out answers given
)Court shall act on the objections or
simply note them
EXAMINATION OF WITNESSES
JUDGE ASKS QUESTION 1 to
WITNESS R
MR. R answers JUDGE
WITNESS R
WITNESS P
TABLE OF OBJECTIONS/EXCEPTIONS
EXCEPTIONS Questions of the Judge
OBJECTIONS Questions of the Counsel **
--simply state the legal grounds for objection w/no further explanation
TYPE of
OBJECTION
OBJECTIONS TO
COURT ACTION
Objection as to
form
1)
2)
3)
3)
4)
5)
argumentative;
leading;
multiple;
repetitive;
vague;
improper
characterization;
6) confusing; or
7) unfair.
** May also move to strike out answers given
1) take note; or
2) rephrase the
question.
TABLE OF OBJECTIONS/EXCEPTIONS
TYPE of
OBJECTION
OBJECTIONS TO
Objection as to
substance
COURT ACTION
TABLE OF OBJECTIONS/EXCEPTIONS
TYPE of
OBJECTION
OBJECTIONS TO
COURT ACTION
Objection as to
admissibility
1) best evidence;
2) parol evidence;
3) conclusion or opinion
evidence;
4) hearsay evidence;
5) irrelevant evidence; or
6) character evidence.
THANK YOU.