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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
approval the Proposed Rule on Guidelines to be Observed by Trial Court Judges
and Clers of Court in the Conduct of Pre!Trial and "se of #eposition!#iscovery
$easures, the Court Resolved to APPROVE the same% The said Rule is hereto
attached as an integral part of this Resolution%

The Rule shall tae effect on August &, ())* follo+ing its publication in a
ne+spaper of general circulation not later than July ), ())*%
July &, ())*%

-.gd%/#avide, Jr% C%J%, Puno, 0itug, Panganiban, 1uisumbing, 2nare3!

.antiago, .andoval!Gutierre3, Carpio, Austria!$artine3, Corona, Carpio!$orales,
Calle4o, .r%, A3cuna and Tinga JJ%

G"5#67586. TO 96 O9.6R06# 92 TR5A7 CO"RT J"#G6. A8# C76R:.

O; CO"RT 58 T<6 CO8#"CT O; PR6!TR5A7 A8# ".6 O; #6PO.5T5O8!
#5.CO06R2 $6A."R6.
The use of pre!trial and the deposition!discovery measures are undeniably
important and vital components of case management in trial courts% To
abbreviate court proceedings, ensure prompt disposition of cases and decongest
court docets, and to further implement the pre!trial guidelines laid do+n in
 Administrative Circular 8o% !== dated January &>, &=== and e?cept as other+ise
specifically provided for in other special rules, the follo+ing guidelines are issued
for the observance and guidance of trial 4udges and clers of court@

I. PRE-TRIAL

 A% Civil Cases

&% ithin one day from receipt of the complaint@

&%& .ummons shall be prepared 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 conformity +ith 59P!OCA $emorandum on
Policy Guidelines dated $arch &(, ())(% A copy of the summons is hereto
attached as Anne? BAB and

&%( The court shall issue an order reDuiring the parties to avail of interrogatories
to parties under Rule (> and reDuest for admission by adverse party under Rule
( or at their discretion mae use of depositions under Rule ( or other
 
measures under Rules (E and (F +ithin five days from the filing of the ans+er%& A
copy of the order shall be served upon the defendant together +ith the summons
and upon the plaintiff%

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ithin five ->/ days from date of filing of the reply,( the plaintiff must promptly
move e? parte that the case be set for pre!trial conference%  5f the plaintiff fails to
file said motion +ithin the given period, the 9ranch COC shall issue a notice of
pre!trial%

(% The partiescontaining
trial briefs shall submit,
the at least three -/ days before the pre!trial, pre!
follo+ing@*

a% A statement of their +illingness to enter into an amicable settlement indicating

the desired terms thereof or to submit the case to any of the alternative modes of 
dispute resolution

b% A summary of admitted facts and proposed stipulation of facts

c% The issues to be tried or resolved

d% The documents
!"#$!%&! '()** +!or e?hibitsoto+!
)**o,!$ be/!'!%!$
presented,)%$
stating the purpose
o!/!$ /#)* No
thereof%
$/#%2 (! #%
'o/ o ) )/4' !"#$!%&!-#%-&(#! o(!/ ()% (o'! () ()$ +!!% !)/*#!/ 
#$!%##!$ )%$ /!-5)/6!$ $/#%2 (! /!-/#)*7 !8&! # )**o,!$ + (! &o/
o/ 2oo$ &)'! '(o,%

e% A manifestation of their having availed or their intention to avail themselves of

discovery procedures or referral to commissioners and

f% The number and names of the +itnesses, the substance of their testimonies,
and the appro?imate number of hours that +ill be reDuired by the parties for the
presentation of their respective +itnesses%
 A copy of the 8otice of Pre!trial Conference is hereto attached as Anne? B9%B

The rule on the contents of the pre!trial brief must strictly be complied +ith%

T(! )/#!' )/! +o%$ + (! /!/!'!%)#o%' )%$ ')!5!%' #% (!#/

/!'!&#"! /!-/#)* +/#!'.

% At the start of the pre!trial conference, the 4udge shall immediately refer
the parties andor their counsel if authori3ed by their clients to the P$C
mediation unitschedule
the 4udge +ill for purposes of mediationofif the
the continuance available%>  5f mediation fails,
pre!trial conference%
9efore the continuance, the Judge may refer the case to the 9ranch
COC for a preliminary conference to assist the parties in reaching a
settlement, to mar the documents or e?hibits to be presented by the
parties and copies thereof to be attached to the records after comparison
and to consider such other matters as may aid in its prompt disposition%

#uring the preliminary conference, the 9ranch COC shall also ascertain
from the parties the undisputed facts and admissions on the
genuineness and due e?ecution of the documents mared as e?hibits%
The proceedings
the B$inutes during %theConferenceB
of Preliminary preliminary conference
to be signedshall be recorded
by both parties in
andor counsel, the form of +hich is hereto attached as Anne?% BCB%

The minutes of preliminary conference and the e?hibits shall be attached

by the 9ranch COC to the case record before the pre!trial%

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*% 9efore the continuation of the pre!trial conference, the 4udge must

study all the pleadings of the case, and determine the issues thereof
and the respective positions of the parties thereon to enable him to
intelligently steer the parties to+ard a possible amicable settlement of
the case, or, at the very least, to help reduce and limit the issues% The
 4udge should not allo+
the manifestation of thethe termination
parties of cannot
that they pre!trialsettle
simplythebecause
case% <eof
should e?pose the parties to the advantages of pre!trial% <e must also
be mindful that there are other important aspects of the pre!trial that
ought to be taen up to e?pedite the disposition of the case% E

The Judge +ith all tact, patience, impartiality and +ith due regard to the
rights of the parties shall endeavor to persuade them to arrive at a
settlement of the dispute%F The court shall initially as the parties and
their la+yers if an amicable settlement of the case is possible% 5f not, the
 4udge may confer +ith the parties +ith the opposing counsel to consider

the follo+ing@
a% Given the evidence of the plaintiff presented in his pre!trial brief to
support his claim, +hat manner of compromise is considered
acceptable to the defendant at the present stageH

b% Given the evidence of the defendant described in his pre!trial brief

to support his defense, +hat manner of compromise is considered
acceptable to the plaintiff at the present stageH

5f not successful, the court shall confer +ith the party and his counsel

separately%
5f the manner of compromise is not acceptable, the 4udge shall confer
+ith the parties +ithout their counsel for the same purpose of settlement%

>% 5f all efforts to settle fail, the trial 4udge shall@

a% Adopt the minutes of preliminary conference as part of the pre!trial

proceedings and confirm marings of e?hibits or substituted
photocopies and admissions on the genuineness and due e?ecution
of documents

b% 5nDuire if there are cases arising out of the same facts pending
before other courts and order its consolidation if +arranted

c% 5nDuire if the pleadings are in order% 5f not, order the amendments if

necessary

d% 5nDuire if interlocutory issues are involved and resolve the same

e% Consider the adding or dropping of parties

f% .crutini3e
pleadings every
and single allegation
attachments of the
thereto and complaint,
the contents ans+er and other 
of documents
and all other evidence identified and pre!mared during pre!trial in
determining further admissions of facts and documents% To obtain
admissions, the Court shall as the parties to submit the depositions
taen under Rule (, the ans+ers to +ritten interrogatories under
Rule (> and the ans+ers to reDuest for admissions by the adverse
party under Rule (% 5t may also reDuire the production of documents

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or things reDuested by a party under Rule (E and the results of the

physical and mental e?amination of persons under Rule (F

g% #efine and simplify the factual and legal issues arising from the
pleadings% "ncontroverted issues and frivolous claims or defenses
should
state allbe
theeliminated% ;orsupport
evidence to each factual issue, the
their positions partiescounsel
thereon% ;or each shall
legal issue, partiescounsel shall state the applicable la+ and
 4urisprudence supporting their respective positions thereon% 5f only
legal issues are presented, the 4udge shall reDuire the parties to
submit their respective memoranda and the court can proceed to
render 4udgment=

h% #etermine the propriety of rendering a summary 4udgment

dismissing the case based on the disclosures made at the pre!trial or
a 4udgment based on the pleadings, evidence identified and
admissions made during pre!trial&)
i% As parties to agree on the specific trial dates for continuous trial in
accordance +ith Circular 8o% &!F= dated January &=, &=F= adhere to
the case flo+ chart determined by the court, +hich shall contain the
different stages of the proceedings up to the promulgation of the
decision and use the time frame for each stage in setting the trial
dates% The One!#ay 6?amination of itness Rule, that is, a +itness
has to be fully e?amined in one -&/ day only, shall be strictly adhered
to sub4ect to the courts' discretion during trial on +hether or not to
e?tend the direct andor cross!e?amination for 4ustifiable reasons% On

the lastoffer
formal hearing day allotted
of evidence afterfor
theeach party, he of
presentation is his
reDuired to mae
last +itness his
and
the opposing party is reDuired to immediately interpose his ob4ection
thereto% Thereafter, the Judge shall mae the ruling on the offer of
evidence in open court% <o+ever the 4udge has the discretion to allo+
the offer of evidence in +riting in conformity +ith .ection >, Rule &(

 4% #etermine the most important +itnesses to be heard and limit the
number of +itnesses -$ost 5mportant itness Rule/% The facts to be
proven by each +itness and the appro?imate number of hours per
+itness shall be fi?ed

% At his discretion, order the parties to use the affidavits of +itnesses

as direct testimonies sub4ect to the right to ob4ect to inadmissible
portions thereof and to the right of cross!e?amination by the other
party% The affidavits shall be based on personal no+ledge, shall set
forth facts as +ould be admissible in evidence, and shall sho+
affirmatively that the affiant is competent to testify to the matters
stated therein% The affidavits shall be in Duestion and ans+er form,
and shall comply +ith the rules on admissibility of evidence

l% ReDuire the parties andor counsel to submit to the 9ranch COC the

names, addresses
summoned and contact numbers of the +itnesses to be
by subpoena

m% Order the delegation of the reception of evidence to the 9ranch

COC under Rule ) and

n% Refer the case to a trial by commissioner under Rule (%

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#uring the pre!trial, the 4udge shall be the one to as Duestions on issues raised
therein and all Duestions or comments by counsel or parties must be directed to
the 4udge to avoid hostilities bet+een the parties%

% The trial 4udge shall schedule the pre!trial in the afternoon sessions and set as
many pre!trial conferences as may be necessary%
E% All proceedings during the pre!trial shall be recorded% The minutes of each pre!
trial conference shall contain matters taen up therein more particularly
admissions of facts and e?hibits and shall be signed by the parties and their
counsel%

F% The 4udge shall issue the reDuired Pre!Trial Order +ithin ten -&)/ days after the
termination of the pre!trial% .aid Order shall bind the parties, limit the trial to
matters not disposed of and control the course of the action during the trial%  A
sample Pre!Trial Order is hereto attached as Anne? B#%B

<o+ever, the Court may opt to dictate the Pre!Trial Order in open court in the
presence of the parties and their counsel and +ith the use of a computer, shall
have the same immediately finali3ed and printed% Once finished, the parties
andor their counsel shall sign the same to manifest their conformity thereto%

=% The court shall endeavor to mae the parties agree to an eDuitable

compromise or settlement at any stage of the proceedings before rendition of
 4udgment%

9% Criminal Cases

&% 9efore arraignment, the Court shall issue an order directing the public
prosecutor to submit the record of the preliminary investigation to the 9ranch
COC for the latter to attach the same to the record of the criminal case%

here the accused is under preventive detention, his case shall be raffled and its
records transmitted to the 4udge to +hom the case +as raffled +ithin three days
from the filing of the complaint or information% The accused shall be arraigned
+ithin ten days from the date of the raffle% The pre!trial of his case shall be held
+ithin ten days after arraignment unless a shorter period is provided for by la+% &&

(% Afterthirty
+ithin the arraignment,
days from thethe court
date shall forth+ithand
of arraignment, setissue
the pre!trial
an order@conference
-a/ reDuiring
the private offended party to appear thereat for purposes of plea!bargaining
e?cept for violations of the Comprehensive #angerous #rugs Act of ())(, and for 
other matters reDuiring his presence&( -b/ referring the case to the 9ranch COC,
if +arranted, for a preliminary conference to be set at least three days prior to the
pre!trial to mar the documents or e?hibits to be presented by the parties and
copies thereof to be attached to the records after comparison and to consider
other matters as may aid in its prompt disposition and -c/ informing the parties
that no evidence shall be allo+ed to be presented and offered during the trial
other than those identified and mared during the pre!trial e?cept +hen allo+ed

by the court
 Anne? B6B% 5nformediatable
good cause sho+n%
cases, theA4udge
copy shall
of therefer
order is parties
the hereto attached
and their as
counsel to the P$C unit for purposes of mediation if available%

% #uring the preliminary conference, the 9ranch COC shall assist the parties in
reaching a settlement of the civil aspect of the case, mar the documents to be
presented as e?hibits and copies thereof attached to the records after
comparison, ascertain from the parties the undisputed facts and admissions on

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the genuineness and due e?ecution of documents mared as e?hibits and

consider such other matters as may aid in the prompt disposition of the case%
The proceedings during the preliminary conference shall be recorded in the
$inutes of Preliminary Conference to be signed by both parties and counsel%
-Please see Anne? B9B/

The $inutes of Preliminary Conference and the e?hibits shall be attached by the
9ranch COC to the case record before the pre!trial%

*% 9efore the pre!trial conference the 4udge must study the allegations of the
information, the statements in the affidavits of +itnesses and other documentary
evidence +hich form part of the record of the preliminary investigation%

>% #uring the pre!trial, e?cept for violations of the Comprehensive #angerous
#rugs Act of ())(, the trial 4udge shall consider plea!bargaining arrangements% &
here the prosecution and the offended party agree to the plea offered by the
accused, the court shall@
a% 5ssue an order +hich contains the plea bargaining arrived at

b% Proceed to receive evidence on the civil aspect of the case and

c% Render and promulgate 4udgment of conviction, including the civil

liability or damages duly established by the evidence%&*

% hen plea bargaining fails, the Court shall@

a% Adopt
trial the minutes
proceedings, of preliminary
confirm marings conference assubstituted
of e?hibits or part of the pre!
photocopies and admissions on the genuineness and due e?ecution
of documents and list ob4ect and testimonial evidence

b% .crutini3e every allegation of the information and the statements

in the affidavits and other documents +hich form part of the record
of the preliminary investigation and other documents identified and
mared as e?hibits in determining farther admissions of facts,
documents and in particular as to the follo+ing@&>

&% the identity of the accused

(% court's territorial 4urisdiction relative to the offenses charged

% Dualification of e?pert +itnesses

*% amount of damages

>% genuineness and due e?ecution of documents

% the cause of death or in4ury, in proper cases

E% adoption of any evidence presented during the preliminary

investigation

F% disclosure of defenses of alibi, insanity, self!defense,

e?ercise of public authority and 4ustifying or e?empting
circumstances and

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=% such other matters that +ould limit the facts in issue%

c% #efine factual and legal issues

d% As parties to agree on the specific trial dates and adhere to the
flo+ chart
for the determined
different stagesby
of the
the court +hich up
proceeding shall
to contain the time
promulgation of frames
decision and use the time frame for each stage in setting the trial
dates

e% ReDuire the parties to submit to the 9ranch COC the names,

addresses and contact numbers of +itnesses that need to be
summoned by subpoena;16  and

f% Consider modification of order of trial if the accused admits the

charge but interposes a la+ful defense%

E% #uring the pre!trial, the 4udge shall be the one to as Duestions on issues
raised therein and all Duestions must be directed to him to avoid hostilities
bet+een parties%

F% All agreements or admissions made or entered during the pre!trial conference

shall be reduced in +riting and signed by the accused and counsel, other+ise,
they cannot be used against the accused% The agreements covering the matters
referred to in .ection & of Rule &&F shall be approved by the court% -.ection (,
Rule &&F/

=%
andAllthe
proceedings duringbythe
minutes signed thepre!trial
partiesshall be their
andor recorded, the transcripts prepared
counsels%

&)% The trial 4udge shall issue a Pre!trial Order +ithin ten -&)/ days after the
termination of the pre!trial setting forth the actions taen during the pre!trial
conference, the facts stipulated, the admissions made, evidence mared, the
number of +itnesses to be presented and the schedule of trial% .aid Order shall
bind the parties, limit the trial to matters not disposed of and control the course
the action during the trial%&E

6ncl@

 Anne? BAB ! .ummons

 Anne? B9B ! 8otice of Pre!trial Conference in Civil Cases
 Anne? BCB ! $inutes of Preliminary Conference
 Anne? B#B ! Pre!trial Order in Civil Cases
 Anne? B6B ! 8otice of Pre!trial Conference in Criminal Cases

&  According to Justice Jose 2% ;eria, Co!Chairman of the Revision of the Rules of Court Committee, Rules (> and (
reDuire the parties to avail of said rules% -&==E Rules of Civil Procedure, p% FF and p% F=, Philippine 7egal .tudies, .eries
8o% >, &==F/

(  Administrative Circular 8o% !== dated &> January &===%

 .ec% &, Rule &F, &==E Rules of Civil Procedure%

* .ec% , Rule &F, &==E Rules of Civil Procedure%

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> 5ssuances of the Court in A%$% 8o% )&!&)!>!.C!P<57JA dated October &, ())&, Administrative Circular 8o% ()!())(
dated April (*, ())( and A%$% 8o% )*!!&>!.C!P<57JA dated $arch (, ())* relative to the use of Alternative #ispute
Resolution in Pre!Trial, particularly, on court!anne?ed mediation shall continue to apply in proceedings b efore pilot courts
in $etro $anila, Cebu and #avao%

 0ol% 5, ())( Revised $anual for Clers of Court, pp% (*!(**%

E  Administrative Circular 8o% !== dated &> January &===%

F 5bid%

=  Administrative Circular 8o% !== dated &> January &===%

&) Ibid.

&& .ec% &, Rule &&, Revised Rules of Criminal Procedure, as amended%

&( .ec% &, Rule &&F, Id 

& 9ellosillo, J%, 6ffective Pre!trial TechniDue, pp% *!*(%

&* Id., pp% *!*%

&> Id., pp% *!**%

& Id., pp% *!*>%

&E 9ellosillo, 6ffective Pre!trial TechniDue, &==), p% ((, .ec% E, Rule &F, &==E Rules of Civil Procedure and .ec% *, Rule
&&F, Revised Rules of Criminal Procedure%

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