Preliminary Conference and

Trial on the Issues

Rules 22 and 24

Atty. Victor P. Lazatin

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

Technical Working Group

OUTLINE

I. Preliminary Conference (Rule 22)

II.Trial of Issues(Rule 24)

INITIATORY PLEADING

SUMMONSANSWER/REPLY/

OTHER PLEADINGS

JUDICIAL AFFIDAVITS AND DOCUMENTARY

EVIDENCESec. 22.2

TERMS OF REFERENCE

Sec. 22.4

PRELIMINARY CONFERENCE

Secs. 22.5-22.9

TRIAL OF ISSUES

JUDGMENT

APPEAL EXECUTION

OVERVIEW

`

JDR

(Failed)

I. PRELIMINARY CONFERENCE

POLICY OBJECTIVES

1. Require parties to make a full disclosure of known factsand to submit the affidavits and documents thatevidence their claims (GOAL: To enable the court toaccurately 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 examiningthe witnesses

4. Efficient use of the court ’ s time without sacrificingquality—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 CONFERENCEKEY FEATURES

1. Mandatory disclosure of evidence (Sec. 22.2)

Judicial Affidavit Rule (JAR): Judicial Affidavit asDirect testimony of a witness

Documents and object evidence attached andmarked as Exhibits C, C-1, C-2, and so on(Complainant), Exhibits P, P-1, P-2, and so on (Plaintiffor 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 deemedoffered and admitted **

Reply Judicial Affidavits on matters not touched uponby initial Judicial Affidavit within 15 days from receipt ofadverse 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 RetainJDR Judge (Sec. 22.2)

5. Appearance of parties (Sec. 22.6)

Non-appearance excused only for valid cause shownor 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 preliminaryconference, decision on the other party’s claims will bebased 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 factsthat the evidence (Petitioners’and Respondents’) appear tohave established

III.Statement of factual issue(s)

IV.List of witnesses

V.Statement of actual orpotential legal issues that thecase presents

CONTROLS SCOPE OF

TRIAL

Terms of Reference (“TOR”)

A. If both parties submit B. If Petitioner does not submit

PROCEDURE

PETITIONER SUBMITS DRAFT TOR

15 DAYS

RESPONDENTSUBMITS Draft

COMMENT

15 DAYS

COURT FINALIZES TOR

COURT TO DIRECT RESPONDENT TO

SUBMIT DRAFT TOR

COURT FINALIZES TOR ON THE BASIS OF

RESPONDENT’S DRAFT

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 thePreliminary Conference and issue an Order of Trial, copyfurnished the parties.

May render judgment or cause dismissal of actionshould a valid ground for the same exists. If evidence isrequired for adjudicating a ground for dismissal, court shallset case for reception of such evidence.

ORDER OF TRIAL

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

Trial of the Issues and not Plaintiff’s or

Defendant’s entire case

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 presentationof evidence

4. Equal time for witnesses from opposing sides to givetestimony 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 physicallychallenged, 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 dialectknown to him with interpreter.

It is the recording of the actual answers (not theEnglish or Filipino translation), which will be the officialand binding testimony of the witness.

II. FACE-TO-FACE TRIAL

KEY FEATURES

2. Exclusion of disqualified witness or inadmissible

testimonies and exhibits from judicial affidavitsbefore examination (Sec. 24.4)

If granted, excluded answer will be placed in bracketsunder 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 questionsdirected to the other party’s expert witness

II. FACE-TO-FACE TRIALKEY FEATURES

5. Intransferrability of settings (Sec. 24.14)

Except on grounds of fortuitous event or serious illnessotherwise waiver of appearance (parties & counsel).

No motion for postponement or resetting on ground of seriousillness shall be granted unless a medical certificate ispresented stating illness of such gravity to prevent fromattending at the scheduled hearing.

Judge may require physician to appear or order anotherphysician either government employed or retained by adverseparty to verify the truth of the certification.

If false, certifying physician shall be held in contempt ofcourt; 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, witnessesexamined 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)

#1

MEMORANDA

(15 days)

#2

ORAL ARGUMENT

(10 days from #1)

#3

WRITTEN DECISION

(90 days from #2)

REGULAR TRIAL

• Issues are complex or numerous•Several witnesses or numerous pieces of evidence•1 or more hearing dates

#1

ORAL ARGUMENT

(right after hearing)

#2

ORAL JUDGMENT

(right after #1)

#3

DRAFT DECISION BY WINNING

PARTY

(15 days from #2)

#4

WRITTEN DECISION

(30 days from #2)

SIMPLE TRIAL**

•Issues are simple and few

•Limited witnesses/evidence

•ONE-TIME face-to-face hearing

vs.

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

TWO-PHASE EXAMINATIONBY THE COURT

No particular sequence onthe issues/related issues at hand

Court may direct question toone or more of the witnessesfrom contending sides

Other witnesses from the sameside may supplement, clarify orqualify answer of first witness

Equal time and opportunityto reply

Allow divergent exchangesprovided new facts or newarguments are introduced; stopwhen repetitive/judge issufficiently clarified

COURT MAY SUMMARIZErespective positions, then moveon

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

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

MR. R answers JUDGE

JUDGE ASKS QUESTION 1 to WITNESS R

JUDGE ASKS QUESTION 2 to WITNESS P

WITN

ES

S P

WITN

ES

S R

with Court’s permission, MR. P replies

with Court’s permission,MR. R rebuts

with Court’s permission,MR. P rejoins

JUDGE MAY SUMMARIZE

JUDGE MAY SUMMARIZE

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

TABLE OF OBJECTIONS/EXCEPTIONS

TYPE of OBJECTION

OBJECTIONS TO COURT ACTION

Objection as toform

Questions which are perceived as:

1) argumentative; 2) leading;3) multiple;3) repetitive;4) vague; 5) improper

characterization;6) confusing; or7) unfair.

The court may:

1) take note; or2) rephrase the

question.

EXCEPTIONS – Questions of the JudgeOBJECTIONS – Questions of the Counsel **

** May also move to strike out answers given

--simply state the legal grounds for objection w/no further explanation

TABLE OF OBJECTIONS/EXCEPTIONS

TYPE of OBJECTION

OBJECTIONS TO COURT ACTION

Objection as to substance

Questions which are perceived toelicit answers that areinadmissible on public policygrounds 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.

The court shallpromptly rule onsuch objections.

TABLE OF OBJECTIONS/EXCEPTIONS

TYPE of OBJECTION

OBJECTIONS TO COURT ACTION

Objection as to admissibility

Admissibility under the rules governing:

1) best evidence;2) parol evidence;3) conclusion or opinion

evidence;4) hearsay evidence;5) irrelevant evidence; or6) character evidence.

The court may simply take note of the exceptions and consider the same when deciding the case.

THANK YOU.