Professional Documents
Culture Documents
2-Procedure in Trial Courts - Atty. Lazatin Presentation
2-Procedure in Trial Courts - Atty. Lazatin Presentation
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)
INITIATORY ANSWER/REPLY/
SUMMONS JDR
PLEADING OTHER
PLEADINGS (Failed)
` JUDICIAL
PRELIMINARY TERMS OF
AFFIDAVITS AND
CONFERENCE REFERENCE DOCUMENTARY
Sec. 22.4
Secs. 22.5-22.9
EVIDENCE
Rule 22 Sec. 22.2
TRIAL OF JUDGMENT
ISSUES
Rule 24
APPEAL EXECUTION
I. PRELIMINARY CONFERENCE
POLICY OBJECTIVES
KEY FEATURES
TERMS OF REFERENCE
V.Statement of actual or
potential legal issues that the
case presents
Terms of Reference (TOR)
PROCEDURE
A. If both parties submit B. If Petitioner does not
submit
PETITIONER
SUBMITS DRAFT TOR COURT TO DIRECT
RESPONDENT TO
15 SUBMIT DRAFT TOR
DAYS
RESPONDENT
SUBMITS Draft
COMMENT COURT FINALIZES TOR ON
THE BASIS OF
15 RESPONDENTS DRAFT
DAYS
COURT FINALIZES
TOR
MATTERS TO BE TAKEN UP AT THE
PRELIMINARY CONFERENCE
Determine whether
regular or simple trial
POLICY CONSIDERATIONS
KEY FEATURES
KEY FEATURES
vs.
SIMPLE
TRIAL**
Issues are simple
and few
Limited
witnesses/eviden
ce
ONE-TIME face-
to-face hearing
**Conversion to Regular trial if it turns out to be complex
TWO-PHASE EXAMINATION
BY THE COURT BY COUNSEL
(may examine on the same
issue or related issues in the 1st phase)
No particular sequence on
the issues/related issues at hand
Unless court orders otherwise,
Court may direct question to
sequence is:
one or more of the witnesses
from contending sides
Other witnesses from the same 1. Petitioners Witness
side may supplement, clarify or CX/RD/RX on the Judicial
qualify answer of first witness Affidavit & Answer in the 1st phase
Equal time and opportunity 2. Respondents Witness
to reply CX/RD/RX
Allow divergent exchanges 3. Other Parties Witnesses
provided new facts or new CX/RD/RX
arguments are introduced; stop
when repetitive/judge is )Counsel may object to questions
sufficiently clarified
or
COURT MAY SUMMARIZE
move to strike out answers given
respective positions, then move
)Court shall act on the objections or
on
simply note them
EXAMINATION OF WITNESSES
JUDGE ASKS QUESTION 1 to
WITNESS R
WITNESS R
with Courts permission,
WITNESS P
MR. P rejoins