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4-Manual For Judges Rules 22 and 24
4-Manual For Judges Rules 22 and 24
Rules 22 and 24
Revised Rules of Civil Procedure
(Pursuant to A.M. 14-03-02-SC, March 8, 2014)
A. PRELIMINARY CONFERENCE
I.
2 Rules 27 to 31 have not yet been adopted and, thus, may not yet be applicable to
pilot-courts.
i.
3.
Try each factual issue in the sequence provided in
the Order of Trial. Two or more closely related issues may
be simultaneously tried. [Section 24.4(a)].
4.
Examine the witnesses to determine the truthfulness
of their judicial affidavits [Section 24.4(d)].
5.
Resolve the exception/s or objection/s raised against
the questions propounded by the 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
Note
exception
and
consider when deciding
the case
ix.
iv
v
vi
vii
ii
iii
iv
v
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.
M
CO
WI
TN
ESS
B
- 2
Co
m
p
an
y
A
S
ES
N
IT
W
-1
B
A-2
ESS
WITN
COMPA
NY
BS CO
UNSEL
NY
PA
-3
WITNESS B
OMPA
N
W
Y
A
S COU
I
TN
NSEL
ES
S
A -1
Stenographer
Stenographer
Stenographer
Stenographer
Stenographer
Yes, but there was a log ban at that time so we couldnt deliver Class 3 Narra
W
i
tne
ss
Witnes B-2
s B-3
-1
Heres a certification we obtained
from the Bureau of Forrestry of the differe
sB
B -1
t
Wi
el
ny B
Company B
C ss
tnoeu
i
W
ns
s es
se p
A
l a
n
-2 s A
y
-1
A
Company B
W
i
tne
ss
Witnes B-2
s B-3
el
W
i
C
t
ne Wit
ouCo
m
n
s
n
s es
se pa
A
l
n
-2 s A
y
-1
A
C s
tnoeu
i
W
ns
B-2
B-3
Witness
JUDGE
Stenographer
The
objection
is
noted.
Iboth
will
consider
thatCompany
objection
deciding
this
case.
Witness
A-1
and
B-1,
of
you that
can
stop
The
issue
has
been
Counsels,
you
may
proceed
with
your
examination
of
the
witnesses.
Per the
Objection
The
Supply
your
Contract
honor.
states
That
question
isnow.
inadmissible
Binwill
supply
under
Narra
the
wood
Bestclarified
panels.
Evidence
Stenographer
Witness A-1, does the Supply Contract stated that the Narra wood panels to
Company B
Company B
B-1 B-1
CoessCoess
tn u itn u
ns ns
Wi W
el
el
el a
A s
n
-2 s A
y
-1
A
Company B
Stenographer
el
itnWitn
ess ess
B
-2 B-2
WitnW
esitsnB
e-s3s B-3
W
i
tne
ss
Witnes B-2
s B-3
B-1
it W
Co C
ne it
u o
n
m
s
n
s es
se p
A
a
l
n
-2 s A
y
-1
A
C ss
tnoeu
i
ns
W
Stenographer
The cross,
re-direct,
and re-cross
examination will continue with W
After
Counsels
(Company
B)
A) cross-examination
re-direct-examination
B. Trial on the second issue of whether or not the log ban is considered a
fortuitous event
Witness B-2, what was the period of the log ban you mention
Stenographer
ESS
WITN
AS CO
UNSEL
S
A-1
Co
m
pa
ny
A
COMPANY B
COMPANY BS COUNSEL