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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

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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. or at their discretion ma)e use of de"ositions under Rule -3 or other measures under Rules -: and -.. 'he issues to be tried or resolved8 d.o+ .the "laintiff must "rom"tl& move e1 "arte that the case be set for "re-trial conference. )$e *+e-)+i%&3 e4"e*) i. (No evi e!"e #$%&& 'e %&&o(e )o 'e *+e#e!)e %! o. %&&o(e '/ )$e "o-+) . )$e )+i%& i! #-**o+) o. o)$e+ )$%! )$o#e )$%) $% 'ee! e%+&ie+ i e!)i. 0 5f mediation fails! the 2udge /ill schedule the continuance of the "re-trial conference.7 'he rule on the contents of the "re-trial brief must strictl& be com"lied /ith. 'he "roceedings during .the "reliminar& conference shall be recorded in the 7Minutes of #reliminar& 2 . -. 4ithin five <0= da&s from date of filing of the re"l&! . 'he number and names of the /itnesses! the substance of their testimonies! and the a""ro1imate number of hours that /ill be re9uired b& the "arties for the "resentation of their res"ective /itnesses. A manifestation of their having availed or their intention to avail themselves of discover& "rocedures or referral to commissioners8 and f.'he court shall issue an order re9uiring the "arties to avail of interrogatories to "arties under Rule -0 and re9uest for admission b& adverse "art& under Rule -. % *%+)/0# evi e!"e-i!-"$ie. +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. A co"& of the Notice of #re-trial Conference is hereto attached as Anne1 76. 'he "arties are bound b& the re"resentations and statements in their res"ective "retrial briefs. 3 5f the "laintiff fails to file said motion /ithin the given "eriod! the 6ranch C%C shall issue a notice of "re-trial.ie %! *+e-1%+2e -+i!. 'he "arties shall submit! at least three <3= da&s before the "re-trial! "re-trial briefs containing the follo/ing3.. 1 A co"& of the order shall be served u"on the defendant together /ith the summons and u"on the "laintiff. 'he documents or e1hibits to be "resented! stating the "ur"ose thereof. /ithin five da&s from the filing of the ans/er.e+e -+i!.1.. 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. A summar& of admitted facts and "ro"osed sti"ulation of facts8 c.oo "%-#e #$o(!56 e. 3. 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.

. @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. 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. 5f not! order the amendments if necessar&8 d. 5n9uire if interlocutor& issues are involved and resolve the same8 e.. $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.Conference7 to be signed b& both "arties and>or counsel! the form of /hich is hereto attached as Anne1. 5n9uire if the "leadings are in order. Consider the adding or dro""ing of "arties8 f. 'he court shall initiall& as) the "arties and their la/&ers if an amicable settlement of the case is "ossible. 'he 2udge should not allo/ the termination of "retrial sim"l& because of the manifestation of the "arties that the& cannot settle the case. 5f not! the 2udge ma& confer /ith the "arties /ith the o""osing counsel to consider the follo/ing3 a. 5t ma& also re9uire the "roduction of documents 3 . 5f all efforts to settle fail! the trial 2udge shall3 a. 7C7..: '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. 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 minutes of "reliminar& conference and the e1hibits shall be attached b& the 6ranch C%C to the case record before the "re-trial. 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. @e should e1"ose the "arties to the advantages of "re-trial. $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. 5n9uire if there are cases arising out of the same facts "ending before other courts and order its consolidation if /arranted8 c. '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 -.

+etermine the most im"ortant /itnesses to be heard and limit the number of /itnesses <Most 5m"ortant 4itness Rule=. %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. 1-. 4 . +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.9 dated (anuar& 19! 19. %rder the delegation of the rece"tion of evidence to the 6ranch C%C under Rule 308 and n. 'hereafter! the (udge shall ma)e the ruling on the offer of evidence in o"en court.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. 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&. @o/ever the 2udge has the discretion to allo/ the offer of evidence in /riting in conformit& /ith Section 30! Rule 13-8 2. 'he affidavits shall be in 9uestion and ans/er form! and shall com"l& /ith the rules on admissibilit& of evidence8 l. *ncontroverted issues and frivolous claims or defenses should be eliminated. '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. Refer the case to a trial b& commissioner under Rule 3-.or things re9uested b& a "art& under Rule -: and the results of the "h&sical and mental e1amination of "ersons under Rule -. '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. +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. 'he facts to be "roven b& each /itness and the a""ro1imate number of hours "er /itness shall be fi1ed8 ). +efine and sim"lif& the factual and legal issues arising from the "leadings. 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. As) "arties to agree on the s"ecific trial dates for continuous trial in accordance /ith Circular No.8 g. 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. Bor each factual issue! the "arties>counsel shall state all the evidence to su""ort their "ositions thereon.

9. . 'he "re-trial of his case shall be held /ithin ten da&s after arraignment unless a shorter "eriod is "rovided for b& la/. :. <#lease see Anne1 767= 5 . All "roceedings during the "re-trial shall be recorded. 3. 'he trial 2udge shall schedule the "re-trial in the afternoon sessions and set as man& "re-trial conferences as ma& be necessar&. '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.. A co"& of the order is hereto attached as Anne1 7C7.<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. 5n mediatable cases! the 2udge shall refer the "arties and their counsel to the #MC unit for "ur"oses of mediation if available. '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.. Criminal Cases 1. 'he "roceedings during the "reliminar& conference shall be recorded in the Minutes of #reliminar& Conference to be signed b& both "arties and counsel. +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.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.. A sam"le #re'rial %rder is hereto attached as Anne1 7+. 'he accused shall be arraigned /ithin ten da&s from the date of the raffle. 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. %nce finished! the "arties and>or their counsel shall sign the same to manifest their conformit& thereto. 11 -. 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. 6. 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. 'he 2udge shall issue the re9uired #re-'rial %rder /ithin ten <10= da&s after the termination of the "re-trial. 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.

+efine factual and legal issues8 d. disclosure of defenses of alibi! insanit&! self-defense! e1ercise of "ublic authorit& and 2ustif&ing or e1em"ting circumstances8 and 9.13 4here the "rosecution and the offended "art& agree to the "lea offered b& the accused! the court shall3 a. . 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 . 4hen "lea bargaining fails! the Court shall3 a.'he Minutes of #reliminar& Conference and the e1hibits shall be attached b& the 6ranch C%C to the case record before the "re-trial..1. #roceed to receive evidence on the civil as"ect of the case8 and c. c. 0. the identit& of the accused8 -. the cause of death or in2ur&! in "ro"er cases8 :. court s territorial 2urisdiction relative to the offense>s charged8 3.. . amount of damages8 0. 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. ado"tion of an& evidence "resented during the "reliminar& investigation8 . 9ualification of e1"ert /itness>es8 . +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. genuineness and due e1ecution of documents8 . Render and "romulgate 2udgment of conviction! including the civil liabilit& or damages dul& established b& the evidence.... such other matters that /ould limit the facts in issue. 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. 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. 5ssue an order /hich contains the "lea bargaining arrived at8 b.

. '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.M.! Revised Rules of Criminal #rocedure! as amended. 0! 199. <Section -! Rule 11.--.#re-trial %rder in Civil Cases Anne1 7C7 . .and A.Revised Manual for Cler)s of Court! "". 3 . shall be a""roved b& the court.! -00.Notice of #re-trial Conference in Civil Cases Anne1 7C7 .-3-10-SC-#@5E(A dated March -3! -00. 7 .. 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. Sec. 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.! 199: Rules of Civil #rocedure.Minutes of #reliminar& Conference Anne1 7+7 . +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. Beria! Co-Chairman of the Revision of the Rules of Court Committee! Rules -0 and -. 'he agreements covering the matters referred to in Section 1 of Rule 11. No. .! -001! Administrative Circular No. No.dated A"ril -. 3-99 dated 10 (anuar& 1999. -3.1: Cncl3 Anne1 7A7 . re9uire the "arties to avail of said rules.Summons Anne1 767 . . Administrative Circular No. Consider modification of order of trial if the accused admits the charge but inter"oses a la/ful defense. 5ssuances of the Court in A. 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. and ".9! #hili""ine Eegal Studies! Series No. )bid. Administrative Circular No..M. Sec. 5! -00. Fol. :.! Rule 1. 1! Rule 1.Notice of #re-trial Conference in Criminal Cases 1 According to (ustice (ose D. : . 01-10-0-SC-#@5E(A dated %ctober 1. 10..= - Administrative Circular No.= 9.e. . Said %rder shall bind the "arties! limit the trial to matters not dis"osed of and control the course the action during the trial.! 199: Rules of Civil #rocedure. 9 10 11 Sec. 0 . 1! Rule 11. 3-99 dated 10 (anuar& 1999. 3-99 dated 10 (anuar& 1999. 5bid. -0-00. <199: Rules of Civil #rocedure! ". 0.

"". :! Rule 1. "". ..! Revised Rules of Criminal #rocedure. "".-.3. 8 .1- Sec.-. )d. .-. )d.0. . 13 1.! Rule 11. . )d.. . .. 1: 6ellosillo! Cffective #re-trial 'echni9ue! 1990! ". 10 1.! 199: Rules of Civil #rocedure and Sec.! Cffective #re-trial 'echni9ue! "". 1! Rule 11.! )d 6ellosillo! (.-.-...--! Sec.