MANUAL FOR LAWYERS AND PARTIES

Rules 22 and 24
Revised Rules of Civil Procedure
(Pursuant to A.M. 14-03-02-SC, March 8, 2014)

RULE 22: PRELIMINARY CONFERENCE

I. BEFORE THE PRELIMINARY CONFERENCE

A. Pleadings, motions and modes of discovery

1. Ensure that you have filed all the necessary pleadings in support
of your cause of action.1
2. Avail of the various modes of discovery under Rules 27 to 31 of the
Revised Rules of Civil Procedure [Section 22.3].2
3. When discovery procedures are availed of, submit material
portions of the discovery proceedings, previously undisclosed
documents or facts, and judicial affidavits pertaining to the fruits
of the discovery within sixty (60) days from the start of the
discovery process [Section 22.3].

B. Judicial Dispute Resolution (“JDR”)

1. Exert efforts to settle the dispute amicably [Section 22.1(a)].
2. If there is failure of JDR, discuss with the other party or counsel
whether you intend the JDR judge to retain the case and preside
over further proceedings [Section 22.2].
3. File a joint written motion or manifestation requesting the court to
retain the case, if mutually agreed upon by the parties [Section
22.2].

C. Judicial Affidavits
1. Request for the issuance of a subpoena ad testificandum or duces
tecum if your intended witness, who is neither the witness of the
adverse party nor a hostile witness, unjustifiably declines to
execute a judicial affidavit or provide the relevant documentary
and/or object evidence [Section 22.2(d)].

1 See Rules 6 on Kinds of Pleadings, Rule 10 on Amended and Supplemental Pleadings, Rule 12 on Bill of
Particulars, Rule 15 on Motions to Dismiss in the 1997 Rules of Civil Procedure.
Note: Rule 6 on Conditions to Action, i.e.., prior written demand, written proof of failed effort to
meet and negotiate, certification of failure of subsequent submission to mediation, in the Revised
Rules of Civil Procedure, have not yet been adopted, and thus, may not yet be applicable to pilot-
courts.
2 Rules 27 to 31 have not yet been adopted and, thus, may not yet be applicable to pilot-courts.
2. If the court issues a subpoena as requested, personally serve the
subpoena upon the intended witness and bear the cost of the
expenses of the witness in appearing before the lawyer who will
prepare or supervise the preparation of the judicial affidavit
[Section 22.2(d)].
3. Request for leave of court to prepare an affidavit through video
conferencing if a vital witness is: (a) outside of the Philippines, or
(b) shown to be under an exceptional or compelling predicament,
during the period for the submission of judicial affidavits [Section
22.2(f)].
4. If the motion for leave of court to prepare an affidavit through
video conferencing of a vital witness is granted, submit the judicial
affidavit to the court with attestation regarding its authenticity
[Section 22.2(f)].
5. Within thirty (30) days from receipt of the notice of the court to
submit judicial affidavits and documentary or object evidence,
submit and serve the judicial affidavits of all the witnesses
intended to be presented, attaching the documentary and/or object
evidence properly identified and authenticated [Section 22.2(a)].
Upon submission of the judicial affidavits and evidence, the direct
testimony of the witnesses and the evidence previously marked as
exhibits shall be deemed offered and admitted [Section 22.2(i)].
6. Within the same period of thirty (30) days, file a motion to allow a
witness to testify in court containing the substance of the testimony
which shall be restricted to relevant facts, if such witness is unable
to execute a judicial affidavit because of exceptional and
compelling reasons, i.e., government employees or officials with
high demand of their official work [Section 22.2(g)].
7. Within fifteen (15) days from receipt of the adverse party’s judicial
affidavits, submit reply judicial affidavits on matters not touched
on in the initial affidavits [Section 22.2(b)].
8. Submission of further judicial affidavits must be with leave of court
and for justifiable grounds [Section 22.2(b)].
9. In case of failure to submit the required judicial affidavits and
exhibits when due:
a) Submit the required judicial affidavits and exhibits within
fifteen (15) days from receipt of the adverse party’s judicial
affidavits with good cause shown [Section 22.2(e)].
b) If failure is without good cause, pay the fine imposed by the
court (PhP1,000 - PhP5,000) and submit the required judicial
affidavits and exhibits within fifteen (15) days from receipt of
the adverse party’s judicial affidavits [Section 22.2(e)].
 10. In case of non-conformity of the judicial affidavit to the content
requirements:
a) If the non-compliance is with good cause, submit compliant
replacement affidavits within ten (10) days from receipt of the
exclusion order issued by the court [Section 22.2(h)].
b) If the non-compliance is without good cause, pay the fine
imposed by the court (PhP1,000 - PhP5,000) and submit
compliant replacement affidavits within ten (10) days from
receipt of the exclusion order issued by the court [Section
22.2(h)].

D. Comparison of evidence for admission [Section 22.2(c)]

1. If the original document or evidence will be retained in the party’s
or witness’ possession, request a schedule for comparison of
documents and evidence before the branch clerk of court.
2. During the scheduled comparison, bring the original document or
object evidence for comparison by the adverse party.
3. Unless comparison is done or deemed waived by the non-
appearance of the adverse party, the copy attached to the judicial
affidavits shall not be admitted.

E. Terms of Reference [Section 22.4]

1. Submit a brief, concise, and fair draft of the Terms of Reference to
the court and serve copies thereof to the adverse party within
fifteen (15) days from receipt of the order issued by the court for
submission thereof [Section 22.4(a)].3
2. Failure to submit the draft Terms of Reference shall be deemed a
waiver of the submission of such draft, without prejudice to
appropriate sanctions for failure to comply with an order of the
court [Section 22.4(f)].

3 Contents of the draft Terms of Reference:

1. Summary of the admitted facts;
2. Statement of the documents attached to judicial affidavits or object evidence referred to
are faithful copies, reproductions, or pictures of their originals if such be the case;
3. Summary of the totality of the facts that the plaintiff’s evidence appears to have
established;
4. Summary of the totality of the facts that the defendant’s evidence appears to have
established;
5. Statement of the factual issue or issues that the conflicting evidence of the parties present;
6. List of the witnesses from either side who are competent to testify on each of the factual
issues or related factual issues in the case; and
7. Statement of the legal issues that the case presents once the factual issues and related
factual issues have been resolved.
 F. Schedule of Preliminary Conference
1. Coordinate with the branch clerk of court by phone calls and
electronic messages to set the date of the preliminary conference
[Section 22.5].
2. For lawyers, promptly inform the client-party of the date and time
set for, as well as the importance of attending, the preliminary
conference [Section 22.5].

II. PRELIMINARY CONFERENCE PROPER

A. Appearance of parties and counsel

1. If the party can’t attend the scheduled preliminary conference,
prepare the necessary special power of attorney fully authorizing
counsel or another person to appear and act on his or her behalf
during the preliminary conference.
2. Appear at the scheduled preliminary conference. Non-appearance
may be excused only for valid cause or if the party is duly
represented by a person fully authorized to act on his behalf on all
matters subject of the preliminary conference [Section 22.6].
3. In case of failure to appear at the scheduled preliminary conference
and within fifteen (15) days from notice of the decision rendered
by the court, notify the adverse party and file a motion with the
court to set aside decision as in default explaining that failure to
appear was due to extrinsic fraud or unavoidable accident [Section
22.8].
4. In case failure to appear at the scheduled preliminary conference
was not due to extrinsic fraud or unavoidable accident, notify the
adverse party and file a motion to set aside decision in default with
admission of error or neglect by the party or counsel, and pay the
corresponding fine imposed by the court (PhP1,000 - PhP5,000)
[Section 22.8].

B. Matters to be taken up
1. Determine and advise the court whether there is a need to amend
or make changes to the Terms of Reference prepared by the court
[Section 22.9(a)].
2. If there are issues which, under the Terms of Reference prepared
by the court, are excluded for trial, request that such excluded
issue/s be included for trial and deposit court costs amounting to
not less than PhP10,000.00 but not more than PhP50,000.00 as may
be imposed by the court. The court costs deposited shall be
forfeited to the court if the issue so included is determined to be a
 sham by the court or a higher court on appeal; otherwise, the
amount shall be refunded [Section 22.9(b)].
3. Consult with the adverse party if there is a chance of amicable
settlement and, if so, request the court to adjourn the preliminary
conference [Section 22.9(c)].
4. For purposes of the Order of Trial to be issued [Section 22.9(d)]:
a) Inform the court which issues are intended to be heard first or
simultaneously, in case of related issues.
b) Name the witnesses who will be presented to testify on each
specific issue to be heard and if a witness or witnesses will
testify on more than one issue.
c) Agree on the specific dates of trial and reception of evidence
of each issue or related issues.
d) Elect the mode of trial to be adopted by the court. If an
alternate trial is desired, agree with the adverse party.
e) In case the mode of trial adopted will be face-to-face,
determine whether a simple or regular face-to-face trial is
necessary. Inform the court of the witnesses exempt from
face-to-face examination and request a separate date and
schedule for their examination.
f) Inform the court if there are certain issues which must be tried
by commissioners.
5. Determine if there is a need to make changes in the details to be
included in the Order of Trial based on the summary given by the
judge at the end of the preliminary conference.

C. Judgment or dismissal [Section 22.9(e)]

1. Point out the existence of a genuine issue involved in the case so as
to preclude the court from immediately rendering judgment or
dismissing the case.
2. If the court determines that there is a ground for dismissal of the
case, prepare the evidence in support thereof for presentation at
the date set by the court for its reception.

III. AFTER THE PRELIMINARY CONFERENCE

A. Final Terms of Reference

1. Ensure that any and all necessary changes to the Terms of
Reference have been reflected and payment of court costs has been
made for the inclusion of excluded issue/s for trial, if applicable.
2. Wait for the final Terms of Reference to be issued by the court,
which must be received before the first scheduled date of trial.
 B. Order of Trial
1. Await the Order of Trial to be issued by the court and ensure that
the same accurately reflects the matters taken up and agreed upon
during the preliminary conference.
2. Prepare the witnesses and evidence to be presented at the
scheduled dates of trial as indicated in the Order of Trial.

C. Judgment or dismissal
1. Point out the existence of a genuine issue involved in the case so as
to preclude the court from immediately rendering judgment or
dismissing the case.
2. If the court determines that there is a ground for dismissal of the
case, prepare the evidence in support thereof for presentation at
the date set by the court for its reception.

RULE 24: TRIAL

I. BEFORE TRIAL

A. Appearance and postponements

1. Appear at the scheduled date and time of trial along with all the
witnesses who will testify on the issue or related issues scheduled
to be heard as provided in the Order of Trial.
2. If any of the witnesses cannot converse effectively in English or
Filipino, request from the court an interpreter knowledgeable of
the language or dialect known to the witness or offer to provide
one for the hearing. [Section 24.17]
3. In case of fortuitous event or serious illness of the counsel or
witness, file a motion for postponement or resetting of trial with
the court with the evidence necessary to satisfactorily prove the
ground invoked. [Section 24.14(a)]
4. If the ground for postponement or resetting of trial is serious illness
of counsel or witness, obtain and attach to the motion for
postponement or resetting of trial the medical certificate issued by
a physician stating that the illness is of such gravity as to prevent
the counsel’s or witness’ presence at the scheduled hearing.
[Section 24.14(b)]
5. Notify the physician who issued the medical certificate to appear
before the court if the judge requires his appearance to verify the
truth of the certification.[Section 24.14(b)]

B. Consequences of failure to appear

 1. Failure to appear at the pre-agreed face-to-face trial without
obtaining prior postponement shall be considered a waiver of
appearance. The absent counsel’s witnesses, if present, will be
examined in the usual course of trial. [Section 24.15(a)]
2. If the absent party is a witness who executed a judicial affidavit,
the adverse party may use such judicial affidavit as a judicial
admission of the absent party. [Section 24.15(b)]

C. Disqualification of witnesses and/or exclusion of judicial affidavit

1. Before examining the witness of the adverse party, move to
disqualify such witness or to strike out or exclude the whole or part
of his/her judicial affidavit or to exclude any of the answers found
in it or exhibits attached to it on the ground of inadmissibility
[Section 24.4(b) and (c)].
2. If the exhibits sought to be excluded are voluminous, file a motion
to facilitate the court in resolving the objection. If the court
excludes the exhibits on the grounds of public policy, tender such
excluded evidence under the appropriate rule [Section 24.4(c)].4

II. TRIAL PROPER

A. Common Rules
1. Advise the witness that he/she may testify either in English or
Filipino. [Section 24.17]
2. If the witnesses cannot properly take part in the exchange because
of language difficulty, move that the examination of the witness be
conducted in the language or dialect known to the witness. [Section
24.17]
3. Follow the sequence of factual issues to be tried by the court as
appearing in the Order of Trial. Prepare the witness or witnesses
to be presented to testify on the factual issue or related issues
scheduled for hearing [Section 24.4(a)].
4. Examine the witnesses to determine the truthfulness of their
judicial affidavits [Section 24.4(d)].

5. Take exception/s or objection/s to the questions propounded by

the court or other counsel to the witness as follows [Sections 24.8
and 24.9]:

Type of Objection When made Court Action

4
The rule on Proffer of Excluded Evidence is not yet part of the rules for pilot testing.
 FORM, i.e., questions are After question has (1) Note the exceptions or,
argumentative, leading, been answered (2) strike out the answer
multiple, repetitive, vague, and rephrase the question
improper characterization,
confusing or unfair
SUBSTANCE, i.e., questions Before witness Promptly rule on
are perceived to elicit answers the questions exceptions or motions
inadmissible answers such as,
but not limited to, those relating
to right against self- If answer already
incrimination, privileged given, counsel may
communication, move to strike out the
disqualification, Statute of answer
Frauds, rape shield law, bank
secrecy laws, Anti-Money
Laundering Act, and other laws
or rules prohibiting disclosure
of information or data
ADMISSIBILITY under After the question has Note exception and
applicable provisions of the been answered consider when deciding
Rules on Evidence, i.e., best the case
evidence, parol evidence,
conclusion or opinion evidence,
hearsay evidence, irrelevant
evidence or character evidence

B. Allowed Motions

1. Motion to admit newly discovered evidence - If evidence is newly

discovered during trial, file a motion to admit the newly-
discovered evidence. [Section 24.16].
2. Motion to amend Order of Trial- If new issues arise during the
course of trial, even without amending the pleadings, file a motion
to amend the Order of Trial [Section 24.16].
3. Motion for leave for an expert to ask question directed to adverse
party’s expert witness- If necessary, file a Motion for Leave for an
expert witness to ask questions directed to the adverse party’s
expert witness on any matter covered by the testimony of the latter
on the issue or related issues at hand [Section 24.11].

C. Modes of Trial

1. ALTERNATE TRIAL
a) Presentation of witnesses by the parties.
i If you have the burden of proving the affirmative of the
first issue under consideration, be the first to present
witnesses respecting such issue [Section 24.5(b)].
ii If more than one witness will be presented, present the
witnesses successively respecting such issue. [Section
24.5(b)]
iii After each witness is presented, the court will be the
first to examine each of the witnesses. [Section 24.5(c)]
iv After the court examines each of the witnesses
presented, the counsel/s will then take turns to
conduct the cross, re-direct and re-cross of the
particular witness. [Section 24.5(c)]
v After the court and the counsels have examined all the
witnesses for the particular issue or related issues, the
counsel for the adverse party shall present the
witness/es for that issue [Section 24.5(e)].
vi After each adverse party witness is presented, the
court will be the first to examine each of the witnesses.
[Section 24.5(c)]
vii After the court examines each of the witnesses
presented by the adverse party, the counsel/s will then
take turns to conduct the cross, re-direct and re-cross
of the adverse party witness/es. [Section 24.5(c)]
viii During the examination of the witnesses ensure that it
is entirely focused on the issue/s at hand and not dwell
on matters outside of and totally unrelated to such
issue/s. [Section 24.5(d)].
ix After all the witnesses from both sides have been
examined respecting the issue or related issues, move
on to the next issue or related issues as appearing in
the Order of Trial. [Section 24.5(e)] following the same
rules.

b) Memorandum and Oral Arguments

i After the examination of all the witnesses of the
contending parties by the court and counsels, and all
the issues as appearing on the Order of Trial have been
heard, simultaneously submit the memorandum or
draft decision within thirty (30) days from the last day
of trial. A softcopy of the document in a format
acceptable to the court shall also be included [Section
24.13 (a) (1)].
 ii After the memoranda of the parties have been
submitted, prepare and present the case for oral
argument on such date and time as the court and
parties may agree on [Section 24.13 (a) (2)].
iii Await the decision of the court which will be rendered
within ninety (90) days after the oral arguments of the
parties. [Section 24.13 (a) (3)]

2. REGULAR FACE-TO-FACE TRIAL

a) Ground rules
i Make sure that all the witnesses are present during the
scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-to-face
examination are not included, i.e., a child witness or a
person who is mentally, psychologically, or physically
challenged or under a similar conditions that puts such
witness in a disadvantage in a face-to-face
confrontation. Examine these exempt witness
separately on the schedules indicated in the Order of
Trial. [Section 24.10]
iii Arrange the witness in such a way that they sit face-to-
face around the table in a non-adversarial environment
[Section 24.6(b)].
iv Ensure that only one person at a time shall speak
during trial and with prior permission of the court.
[Section 24.6(c)].
v Instruct the witnesses and the parties that the person
who is speaking must identify himself/herself for the
record at all times [Section 24.6(c)].
vi Object to a witness who attempts pose questions to
other witnesses relating to their testimonies. [Section
24.6 (e)]
vii Ensure that witnesses are given equal time and
opportunity to answer questions propounded by the
court and/or the counsels [Section 24.6 (e)].

b) First phase: Examination by the Court

i All the witnesses from the contending sides appearing
before the court shall simultaneously swear to the truth
of their respective testimonies. [Section 24.6(a)]
ii Observe the court as it examines and questions the
witnesses from the contending sides regarding the
 issue or related issues at hand in no particular
sequence and take note of the answers given by the
witnesses in preparation for the second phase [Section
24.7 (g)].
iii When the questions are directed to your specific
witness, your other witnesses may seek permission to
supplement, clarify or qualify the answers the first
witness has given. [Section 24.7(b)]
iv If your witnesses are from the adverse party, ensure
that your witnesses are given equal time and
opportunity to reply to the question propounded to the
other party’s witness. [Section 24.7(c)]

c) Second phase: Examination by Counsel

i After the first phase is concluded, counsels from the
contending sides shall cross-examine, re-direct and re-
cross the witnesses based on their judicial affidavits,
the attached exhibits, the answers the witnesses gave
during the court’s first-phase examination, or their
testimonies. This phase is without prejudice to the
court’s further examination of the witnesses already
examined by counsels. [Section 24.7 (h)]
ii Follow the fixed sequence of examination as appearing
in the Order of Trial, especially where there are
multiple parties involved [Section 24.7 (h)].
iii Ensure that a witness whose testimony is adverse is
examined [Section 24.7 (h)].
iv Adopt the testimony of another party’s witness if such
testimony is favorable [Section 24.7 (h)].
v After counsels have concluded their examination of
witnesses for the previous issue, move for the
examination of the witnesses to be presented for the
next issue or related issues based on the Order of Trial.
Otherwise, adjourn the trial until the next scheduled
trial date appearing on the Order of Trial [Section 24.7
(i)].

d) Memorandum and Oral Arguments

i After the examination of all the witnesses of the
contending parties by the court and counsels, and all
the issues as appearing on the Order of Trial have been
heard, simultaneously submit the memorandum or
draft decision within thirty (30) days from the last day
 of trial. A softcopy of the document in a format
acceptable to the court shall also be included [Section
24.13 (a) (1)].
ii After the memoranda of the parties have been
submitted, prepare and present the case for oral
argument on such date and time as the court and
parties may agree on [Section 24.13 (a) (2)].
iii Await the decision of the court which will be rendered
within ninety (90) days after the oral arguments of the
parties. [Section 24.13 (a) (3)]

3. SIMPLE OR SUMMARY FACE-TO-FACE TRIAL

a) Ground rules
i Make sure that all the witnesses are present during the
scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-to-face
examination are not included, i.e., a child witness or a
person who is mentally, psychologically, or physically
challenged or under a similar conditions that puts such
witness in a disadvantage in a face-to-face
confrontation. Examine these exempt witness
separately on the schedules indicated in the Order of
Trial. [Section 24.10]
iii Arrange the witness in such a way that they sit face-to-
face around the table in a non-adversarial environment
[Section 24.6(b)].
iv Ensure that only one person at a time shall speak
during trial and with prior permission of the court.
[Section 24.6(c)].
v Instruct the witnesses and the parties that the person
who is speaking must identify himself/herself for the
record at all times [Section 24.6(c)].
vi Object to a witness who attempts pose questions to
other witnesses relating to their testimonies. [Section
24.6 (e)]
vii Ensure that witnesses are given equal time and
opportunity to answer questions propounded by the
court and/or the counsels [Section 24.6 (e)].
viii Conduct the trial in one setting. [Section 24.12]

b) First phase: Examination by the Court

 i All the witnesses from the contending sides appearing
before the court shall simultaneously swear to the truth
of their respective testimonies. [Section 24.6(a)]
ii Observe the court as it examines and questions the
witnesses from the contending sides regarding the
issue or related issues at hand in no particular
sequence and take note of the answers given by the
witnesses in preparation for the second phase [Section
24.7 (g)].
iii When the questions are directed to your specific
witness, your other witnesses may seek permission to
supplement, clarify or qualify the answers the first
witness has given. [Section 24.7(b)]
iv If your witnesses are from the adverse party, ensure
that your witnesses are given equal time and
opportunity to reply to the question propounded to the
other party’s witness. [Section 24.7(c)]

c) Second phase: Examination by Counsel

i After the first phase is concluded, counsels from the
contending sides shall cross-examine, re-direct and re-
cross the witnesses based on their judicial affidavits,
the attached exhibits, the answers the witnesses gave
during the court’s first-phase examination, or their
testimonies. This phase is without prejudice to the
court’s further examination of the witnesses already
examined by counsels. [Section 24.7 (h)]
ii Follow the fixed sequence of examination as appearing
in the Order of Trial, especially where there are
multiple parties involved [Section 24.7 (h)].
iii Ensure that a witness whose testimony is adverse is
examined [Section 24.7 (h)].
iv Adopt the testimony of another party’s witness if such
testimony is favorable [Section 24.7 (h)].
v After counsels have concluded their examination of
witnesses for the previous issue, move for the
examination of the witnesses to be presented for the
next issue or related issues based on the Order of Trial.
Otherwise, adjourn the trial until the next scheduled
trial date appearing on the Order of Trial [Section 24.7
(i)].
 d) Oral arguments, oral judgment and memorandum or draft
decision
i After the examination of all the witnesses, present a
brief oral argument if ordered by the court. [Section
24.13 (b) (1)].
ii The parties or their counsels shall sign the minutes of
the proceedings containing the oral judgment as
evidence of notification. [Section 24.13 (b) (2)].
iii The winning party shall submit within thirty (30) days
from the oral judgment, a memorandum or draft
decision based on the oral judgment rendered. The
winning party must include a softcopy of the
document in a format acceptable to the court. [Section
24.13 (b) (3)].
iv In place of oral argument, submit the memorandum or
draft decision within thirty (30) days from the last day
of trial. A softcopy of the document in a format
acceptable to the court shall also be included [Section
24.13 (b) (4)].
iv Await the decision of the court which will be rendered
within sixty (60) days after the oral arguments of the
parties, if any, or from the date the trial ended. [Section
24.13 (b) (5)]

III. AFTER TRIAL

A. Decision
B. Appeal - In case of an adverse decision, file an appeal. The period to appeal
shall be reckoned from the date of receipt of the written decision by the
appealing party. [Section 24.13 (b) (6)].

SAMPLE CASE

Company A, a construction company, entered into supply contract with Company B as supplier. One of
the terms of the contract is for Company B to supply 100 pcs. of Narra wood panels to be used as flooring
in Company’s A projects. One of the requisites for the perfection of the contract is for Company B to provide
a Narra wood panel sample to Company A. Company B presented Narra wood panel class 3 to Company
A which the latter approved.
 Company A is now suing Company B for breach of contract with damages for failure to provide the
Narra wood panels to Company A in accordance with the terms of the contract. In its Answer, Company B
argued that it complied with the terms of the contract because it delivered Narra wood panels. Its failure
to deliver the Narra wood panel class 3 to Company A was due to a log ban imposed by the government
which constitutes a fortuitous event. Company B argued that the wood panel it provided is Narra wood
class 4 which substantially complies with its obligation under the contract.

During preliminary conference, the issues were identified as follows:

(a) Whether or not Company B breached its obligation under the supply contract to
supply Narra wood panels to Company A;
(b) Whether or not the log ban is considered a fortuitous event; and
(c) Whether or not Company B is liable for damages to Company A.

CASE ILLUSTRATION FOR FACE-TO-FACE TRIAL

gra
Ste

ph
no

er

G
D
U
E

J
Illustration of Face-to-
Face Trial
A. Trial on the first issue of “whether or not Company B breached its obligation under the
supply contract to supply Narra wood panels to Company A”

1. The first-phase of examination

No, it was
different –
lighter in
weight and
color.
[showing
Stenog
rapher

GE

JU
D

sample
versus
actual
 Witness B,
is that true?

Stenog
rapher

GE
Was the

JU
D
sample
Stenog
rapher

shown
GE

JU
D

different Yes, but

that what there was a
Company B log ban at
delivered? that time so
But we were
we couldn’t
shown Class
deliver
3 Narra.
Class 3
Stenog

Class 4
rapher

Narra.
DG
JU
E

Narra wood
Instead, we
panels are
delivered
Stenog
rapher

cheaper.

DG
JU
E
Here’s a Class 4.
certification
we obtained
from the
Bureau of
Forrestry of Witness A-1 Counsels,
the different and B-1, both you may
classes of of you can proceed with
Narra. So stop now. The your
Class 4
issue has been examination
Narra is
clarified. As I of the
Stenog

Stenog
rapher

rapher

still Narra.
DG

DG
JU

JU
E

understand, witnesses.
Company B Per the Order
delivered of Trial,
Class 4 Narra Company B’s
because of the counsel will
log ban. This conduct his
Class 4 Narra cross-
 2. The second-phase of examination

The Supply
Contract
states that
Company B
Stenogr
apher

DG

will supply
JU
E

Narra wood
Stenogr

panels.
apher

DG
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E
Witness A-
1, does the
Supply
Contract
Objection
stated that
your
the honor.
Narra
That The
wood panels
question is objection is
to be
inadmissibl noted. I will
supplied
eshould
under the consider
be
Stenogr
Stenogr

that
apher

Best
apher

Class 3?
DG
DG

JU
JU

objection in
E

Evidence
Rule. deciding
this case.
 After Counsel’s After Counsel’s (Company
(Company
Witness A- B) cross- A) re-direct-examination…
1, when you
examination…
ordered

Stenog
Narra from

rapher

GE

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D
Company B,
did you
Stenog
rapher

GE
specify the

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D
kind or class Witness A-
you needed? 1, were you
able to use
The cross, re-direct, and re- the Narra
cross examination will supplied by
WitnessB-1.
B- Company B
continue with Witness
1, wasmay
the under the
At any time, the Judge supply
sample you
ask additional questions to contract?
showed to
the witnesses.
Stenogr

Company A
apher

DG
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the only
sample of
Narra wood
panel
available?
B. Trial on the second issue of “whether or not the log ban is considered a fortuitous event”

a. First phase examination

When all the witnesses have been

examined on the first issue, trial shall
Witness B-2, you
move on to the second issue in the Order
certified that there
of Trial. is a log ban
preventing
Company B from
Stenogra

JUD
delivering Narra

GE
pher

Class 3. Who
declared the log
ban?

b. Second phase examination

Witness B-2, what

was the period of
the log ban you
mentioned in your
certification?
Stenogra

JUD
GE
pher
C. Trial on the third issue of “whether Company B is liable for damages to Company A”

a. First phase examination

When all the witnesses have been

examined on the second issue, trial
Witness
shall move on to the third issue in A-1,
the
what happened to
Order of Trial.
the Narra Class 4
delivered by
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Company B to
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DG
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Company A?

b. Second phase examination

The cross, re-direct, and re-cross

examination will proceed. At any time,
Just a
the Judge may ask additional questions
minute,
to the witnesses. counsel,
so
Company
Stenogr

JUD
apher

GE

A used
the Class
4 Narra
delivered
Witness B-1, how by
many pieces of Company
Class 4 wood B?
panel were
actually
installed?
 CASE ILLUSTRATION FOR ALTERNATE TRIAL

COMPA COMPA

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G
D
NY B

E
COUNSE
L

Illustration of
A. Trial on the first issue Alternate Trial

a. Presentation by Company A of its witnesses and evidence

THE JUDGE SHALL FIRST EXAMINE THE WITNESSES OF COMPANY A.

JUDGE: Witness A-1, were the panels delivered to you

by Company B the same kind, color, quality as the
sample they presented?
A-1: No, it was different – lighter in weight and
color. [showing sample versus actual panel
delivered]
JUDGE: Witness A-2, were you also shown a sample of
the Narra wood panel by Company B?

A-2: I was not shown

a sample, your honor.

AFTER THE JUDGE IS DONE EXAMINING THE WITNESS, COUNSELS WILL

CONDUCT CROSS-, RE-DIRECT-, AND RE-CROSS- EXAMINATION.

Witness A-1, can you describe the

Narra that was delivered by
Company B?

JUDGE

Company B

Counsel

Stenographer

b. Presentation by Company B of its witnesses and evidence

 THE JUDGE SHALL FIRST EXAMINE THE WITNESSES OF COMPANY A.

JUDGE: Witness B-1, were there any other samples of

Narra available to Company B?

B-1: We had a few other samples of other Narra,

your honor.
JUDGE: Witness B-2, did you show the other
samples to Company A?
B-2: No, your honor.
Just the Class 3.

AFTER THE JUDGE IS DONE EXAMINING THE WITNESS, COUNSELS WILL

CONDUCT CROSS-, RE-DIRECT-, AND RE-CROSS- EXAMINATION.

Witness B-2, why did you show only

Class 3 as your sample of Narra
wood panels?

JUDGE
Company B

Counsel

Witness B-1

Witness B-2

Stenographer

B. After the examination of the witnesses of the contending parties has terminated, trial
will proceed to the subsequent issues (Second, Third) as appearing in the Order of
Trial.