Preliminary Conference

and
Trial on the Issues
Rules 22 and 24

Atty. Victor P. Lazatin

 Technical Working Group

Members Consultants:
Hon. Roberto A. Abad • Atty. Victor P. Lazatin
Hon. Raul Bautista Villanueva • Atty. Vicente M. Joyas
Hon. Selma P. Alaras • Atty. Laurence Arroyo
• Hon. Caridad Walse-Lutero • Atty. Roberto Mendoza
• Hon. Jose Lorenzo R. Dela • Atty. Emily Manuel
Rosa
• Hon. Maria Rowena Modesto
San Pedro
• Hon. Marjorie T. Uyengco-
Nolasco
• Hon. Barbara-Aleli H. Briones
 OUTLINE

I. Preliminary Conference
(Rule 22)

II.Trial of Issues(Rule 24)

 OVERVIEW

INITIATORY ANSWER/REPLY/
SUMMONS JDR
PLEADING OTHER
PLEADINGS (Failed)

PRELIMINARY
`
TERMS OF JUDICIAL
AFFIDAVITS AND
CONFERENCE REFERENCE
Sec. 22.4
DOCUMENTARY
Secs. 22.5-22.9
EVIDENCE
Sec. 22.2

TRIAL OF JUDGMENT
ISSUES

APPEAL EXECUTION
I. PRELIMINARY CONFERENCE
POLICY OBJECTIVES

1. Require parties to make a full disclosure of known facts

and to submit the affidavits and documents that
evidence their claims (GOAL: To enable the court to
accurately identify the issues)

2. Treat litigations as a collective effort (not adversarial)

to search for truth and to render justice to all
I. PRELIMINARY CONFERENCE
POLICY OBJECTIVES

3. Empower the judge to take a direct role in examining

the witnesses

4. Efficient use of the court ’ s time without sacrificing

quality—Parties/Counsel to do certain things such as
(1) Drafting TOR; and (2) Drafting Decision

5. Raise level of professionalism of court and counsel

I. PRELIMINARY CONFERENCE
KEY FEATURES

1. Mandatory disclosure of evidence (Sec. 22.2)

 Judicial Affidavit Rule (JAR): Judicial Affidavit as
Direct testimony of a witness
 Documents and object evidence attached and
marked as Exhibits C, C-1, C-2, and so on
(Complainant), Exhibits P, P-1, P-2, and so on (Plaintiff
or Petitioner), Exhibits R-1, R-2, R-3, and so on
(Respondent), Exhibits D, D-1, D-2, and so on
(Defendant) in the Judicial Affidavit shall be deemed
offered and admitted **
 Reply Judicial Affidavits on matters not touched upon
by initial Judicial Affidavit within 15 days from receipt of
adverse party’s Judicial Affidavits.

** Subject to exclusion / cross-examination

I. PRELIMINARY CONFERENCE

KEY FEATURES

2. Use of discovery procedures (Sec. 22.3)

3. Terms of Reference (Sec. 22.4)
4. Raffle to a Different Branch/Joint Motion to Retain
JDR Judge (Sec. 22.2)
5. Appearance of parties (Sec. 22.6)
 Non-appearance excused only for valid cause shown
or if represented by another fully authorized to act
I. PRELIMINARY CONFERENCE
KEY FEATURES

4. Decision by default (Secs. 22.7 to 22.8)

 For failure to appear at the scheduled preliminary
conference, decision on the other party’s claims will be
based solely on the evidence already submitted
5. Matters to be taken up (Sec. 22.9)
 Terms of Reference

TERMS OF REFERENCE

I.Summary of admitted facts

II.Summary of totality of facts

that the evidence (Petitioners’
and Respondents’) appear to
have established
CONTROLS
III.Statement of factual issue(s)
SCOPE OF
TRIAL
IV.List of witnesses

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 RESPONDENT’S DRAFT
DAYS

COURT FINALIZES
TOR
 MATTERS TO BE TAKEN UP AT THE
PRELIMINARY CONFERENCE

 Determine (in consultation with the parties and their

counsel) if there is a need to make changes in the contents
or wordings of the Terms of Reference. If yes, the court
shall enter those changes on the face of the documents.

 If a party insists that the court try an excluded issue =

included, provided such party makes a deposit of P10,000-
50,0000 for court costs.
 MATTERS TO BE TAKEN UP AT THE
PRELIMINARY CONFERENCE

 Final attempt to persuade the parties to settle their

disputes amicably.

 The court shall summarize the arrangements in the

Preliminary Conference and issue an Order of Trial, copy
furnished the parties.

 May render judgment or cause dismissal of action

should a valid ground for the same exists. If evidence is
required for adjudicating a ground for dismissal, court shall
set case for reception of such evidence.
ORDER OF TRIAL
Trial of the Issues and
not Plaintiff’s or
Defendant’s entire case

Fix order in which

issues are to be tried
Identify witnesses who
need to be present and
testify on such issues

Set specific dates for

reception of evidence

Determine whether
regular or simple trial

Witness exemption from

face-to-face examination—
(1) Rule on Examination of Child
Witness; and (2)one who is mentally,
psychologically, or physically
challenged or disadvantaged in a
face-to-face confrontation
 II. FACE-TO-FACE TRIAL

POLICY CONSIDERATIONS

1. Promote a non-adversarial environment

2. Give the judge a more active role in the proceedings
3. Issue-based examination of witnesses and presentation
of evidence
4. Equal time for witnesses from opposing sides to give
testimony and reply to each other immediately
5. Avoid unnecessary delays (e.g.,objections,
postponements, etc.)
 II. FACE-TO-FACE TRIAL

WHAT IT REQUIRES (Secs. 24.3, 24.4,24.5, 24.6)

a) Court shall actively examine and determine the

truthfulness of the judicial affidavits;

b) Witnesses from all contending sides shall appear together

and simultaneously swear to the truth of their respective
testimonies;

c) Witnesses shall sit face-to-face around the table in a non-

adversarial environment and answer questions from the
court and the parties’ counsel respecting the factual issue
under consideration;
 II. FACE-TO-FACE TRIAL

WHAT IT REQUIRES (Secs. 24.3, 24.4,24.5, 24.6)

d) The court shall initiate the inquiry into each factual issue
strictly in the sequence provided in the Order of Trial
although such inquiry may cover two or more closely related
issues;

e) Witness or witnesses may testify on one or more issues in

accordance with the Order of Trial;
 II. FACE-TO-FACE TRIAL

WHAT IT REQUIRES (Secs. 24.3, 24.4,24.5, 24.6)

f) Only one person at a time shall speak during the trial

and always with prior permission from the court which
shall take steps to ensure that the person who speaks is
identified for the record; (grounds: rules of
civility/courtesy);

g) Witnesses shall address their answers to the examining

judge or counsel;
 II. FACE-TO-FACE TRIAL
WHAT IT REQUIRES (Secs. 24.3, 24.4,24.5, 24.6)

h) Witnesses shall not pose questions to the other witnesses

relating to their testimonies but shall be given equal
opportunity and equal time to respond to the same; and

i) Each party shall have take turns to cross examine, redirect,

and re-cross the witnesses.

 Not Face-to-Face trial (Sec. 24.10)

1. Rule on Examination of Child Witness; and
2. A person who is mentally, psychologically, or physically
challenged, or has a similar condition that puts him at a
disadvantage in a face-to-face confrontation
 II. FACE-TO-FACE TRIAL

KEY FEATURES

1. Language used during trial (Sec. 24.17)

 English or Filipino

 If there is language difficulty, conducted in a dialect

known to him with interpreter.

 It is the recording of the actual answers (not the
English or Filipino translation), which will be the official
and binding testimony of the witness.
 II. FACE-TO-FACE TRIAL

KEY FEATURES

2. Exclusion of disqualified witness or inadmissible

testimonies and exhibits from judicial affidavits
before examination (Sec. 24.4)
 If granted, excluded answer will be placed in brackets

under the initials of proper court personnel.

 If exhibits to be excluded are voluminous,
motion in writing before trial.
 Without prejudice to a tender of excluded evidence.
 II. FACE-TO-FACE TRIAL
KEY FEATURES

3. Two-phase examination of witnesses (Sec. 24.7)

First: Examination by the Court [Sec. 24.7(a)]
Second: Examination by Counsel [Sec. 24.7(g)]

4. Examination of Expert Witnesses (Sec. 24.11)

• Face-to-Face also
• with leave of court, expert may ask questions
directed to the other party’s expert witness
 II. FACE-TO-FACE TRIAL
KEY FEATURES
5. Intransferrability of settings (Sec. 24.14)
 Except on grounds of fortuitous event or serious illness
otherwise waiver of appearance (parties & counsel).

 No motion for postponement or resetting on ground of serious

illness shall be granted unless a medical certificate is
presented stating illness of such gravity to prevent from
attending at the scheduled hearing.

 Judge may require physician to appear or order another

physician either government employed or retained by adverse
party to verify the truth of the certification.

 If false, certifying physician shall be held in contempt of

court; also the party & counsel, to the extent possible
 II. FACE-TO-FACE TRIAL
KEY FEATURES

6. Consequences of failure to appear at trial (Sec.

24.15)
 Counsel = waiver, trial will proceed, witnesses
examined in the usual course as if procured by the court
 Witness = judicial affidavit expunged

7. Regular v. Simple Trial Schedules

8. Memorandum, oral argument and judgment (Sec.

24.13)
 REGULAR
TRIAL
• Issues are
complex or #1 #3
#2
numerous WRITTEN
•Several witnesses MEMORANDA ORAL ARGUMENT
DECISION
or numerous pieces (15 days) (10 days from #1)
(90 days from #2)
of evidence
•1 or more hearing
dates

vs.
SIMPLE
TRIAL**
•Issues are simple
and few #3
#4
#1 #2 DRAFT DECISION
•Limited ORAL ARGUMENT ORAL JUDGMENT BY WINNING
WRITTEN
DECISION
witnesses/evidence (right after hearing) (right after #1) PARTY
(30 days from #2)
(15 days from #2)
•ONE-TIME face-to-
face hearing

**Conversion to Regular trial if it turns out to be complex

 TWO-PHASE EXAMINATION
BY THE COURT
No particular sequence on
the issues/related issues at hand
Court may direct question to
one or more of the witnesses
from contending sides
Other witnesses from the same
side may supplement, clarify or
qualify answer of first witness
Equal time and opportunity
to reply
Allow divergent exchanges
provided new facts or new
arguments are introduced; stop
when repetitive/judge
sufficiently clarified
COURT MAY SUMMARIZE
respective positions, then move
on
BY COUNSEL
(may examine on the same
issue or related issues in the 1st phase)
Unless court orders otherwise,
sequence is:
1. Petitioner’s Witness
CX/RD/RX –on the Judicial
Affidavit & Answer in the 1st phase
2. Respondent’s Witness
CX/RD/RX
3. Other Parties’ Witnesses
CX/RD/RX
is
Counsel may object to questions or
move to strike out answers given
Court shall act on the objections or
simply note them
 EXAMINATION OF WITNESSES
JUDGE ASKS QUESTION 1 to
WITNESS R

MR. R answers JUDGE

with Court’s permission,
MR. P replies

with Court’s permission,

MR. R rebuts
WITNESS P

with Court’s permission,

WITNESS R
MR. P rejoins

JUDGE MAY SUMMARIZE

JUDGE ASKS QUESTION 2 to

WITNESS P

MR. P answers JUDGE

with Court’s permission,

MR. R replies
with Court’s permission,
MR. P rebuts
with Court’s permission,
MR. R answers

JUDGE MAY SUMMARIZE

TABLE OF OBJECTIONS/EXCEPTIONS
EXCEPTIONS – Questions of the Judge
OBJECTIONS – Questions of the Counsel **
--simply state the legal grounds for objection w/no further explanation

TYPE of OBJECTIONS TO COURT ACTION

OBJECTION
Objection as to Questions which are The court may:
form perceived as:
1) take note; or
1) argumentative; 2) rephrase the
2) leading; question.
3) multiple;
3) repetitive;
4) vague;
5) improper
characterization;
6) confusing; or
7) unfair.

** May also move to strike out answers given

TABLE OF OBJECTIONS/EXCEPTIONS
TYPE of OBJECTIONS TO COURT ACTION
OBJECTION
Objection as to Questions which are perceived to The court shall
substance elicit answers that are promptly rule on
inadmissible on public policy such objections.
grounds such as:

1) right against self-

incrimination;
2) privileged communication;
3) disqualification;
4) Statue of Frauds;
2) rape shield law;
3) bank secrecy laws;
4) AMLA non-disclosure rule; or
5) other similar laws or
rules.
TABLE OF OBJECTIONS/EXCEPTIONS

TYPE of OBJECTIONS TO COURT ACTION

OBJECTION
Objection as to Admissibility under the The court may
admissibility rules governing: simply take note
of the exceptions
1) best evidence; and consider the
2) parol evidence; same when
3) conclusion or opinion deciding the case.
evidence;
4) hearsay evidence;
5) irrelevant evidence; or
6) character evidence.
THANK YOU.