Tiu v Middleton

Facts:
This is a case for recovery of ownership and possession of real property, accounting
and damages. The court sent a notice of Pre-trial warning the parties that witnesses
whose names and addresses not submitted at the pre-trial may not be allowed to
testify.
Petitioner stated that he was to present 6 witnesses without naming them. Trial
ensued petitioner called Tiu as his witness, RTC did not allow Tiu to be presented.

Issue/ Ruling
Whether a judge can exclude a witness whose name and synopsis of testimony
were not included in the pre-trial brief. YES. But in this case it was not
allowed.

A pre-trial is essential in the simplification and the speedy disposition of disputes.

The parties at the pre-trial to (a) state the number of witnesses intended to be called
to the stand, their names addresses, and a brief summary of the evidence each of
them is expected to give, as well as to (b) formally disclose the number of the
documents and things to be submitted and to furnish copies thereof or a short
description of the nature of each. Hence, Judges have discretion to exclude witnesses
not listed in the pre-trial brief provided that the parties are given notice to this
effect. Notice was properly given in this instance. But the trial judge did not exclude
unlisted or unnamed witnesses in his pre-trial order. It made no mention that the
plaintiffs will be barred from testifying unless named therein.

Thus, to properly exclude, court needs to notify the parties of this effect in the pre-
trial notice and details of the exclusion must be placed in the pretrial order and in
the record of pre-trial.
Respondents also did not question the failure to exclude witnesses unnamed in the
order, hence they consented to the pretrial order allowing the presentation of
unnamed witnesses. To modify the pre-trial order this late will amount to injustice.

Doctrine
Pre-trial is an essential device for the speedy disposition of disputes. Hence, parties
cannot brush it aside as a mere technicality. Where the pre-trial brief does not contain the
names of witnesses and the synopses of their testimonies as required by the Rules of
Court, the trial court, through its pre-trial order, may bar the witnesses from
testifying. However, an order allowing the presentation of unnamed witnesses may no
longer be modified during the trial, without the consent of the parties affected.