Sections 22 and 24 of the Proposed Revised Rules Of Civil Procedure

A.M. 14-03-02 SC
 After the issues have been joined, the Court, motu proprio or
on motion, directs the parties to simultaneously serve and
submit, within thirty (30) days from notice:
The Judicial Affidavits of their respective witnesses
Their Object and Documentary Evidences

 Preliminary Conference in lieu of Pre-Trial

Changes in the issues to be discussed in the Preliminary
Conference
Trial of an excluded issue
Setting of specific dates for reception of evidence on each issue or
related issues;
Determination of whether the circumstances warrant a regular trial
or a summary trial as provided in the rule on Face-to-Face Trial
Determination of who among the witnesses are exempt from face-
to-face examination
 Deposit for court costs for excluded issues: P 10,000.00 nor
more than P 50,000.00 at the discretion of the court

Sham issue: Forfeiture of deposit (Otherwise, deposit shall be

refunded)
 If a party fails to appear in the Preliminary Conference, the
Court, within 15 days from the scheduled Preliminary
Conference, render a decision, adjudicating the other partys
claims based solely on the evidence presented by said party.
The Court will issue an Order to each party to submit a Terms
of Reference within 15 days from receipt of notice.
 Contents of the Terms of Reference
1. Summary of the admitted facts
2. A statement that the documents attached to judicial affidavits or object
evidence
3. A summary of the totality of the facts that the petitioners evidence
appears to have established
4. A summary of the totality of the facts that the respondents evidence
appears to have established;
5. Based on the above two summaries, a statement of the factual issue or
issues that the conflicting evidence of the parties present;
6. A list of the witnesses
7. A statement of the actual or potential legal issues
 The court shall summarize these arrangements towards the
end of the preliminary conference and issue an Order of Trial

Court shall prepare a final version of the Terms of Reference,

using the draft that petitioners counsel prepared and taking
into account the comment of respondents counsel

After preliminary conference, Court can also:

Render judgment or
Dismiss action
 Party shall file a motion explaining that the failure to comply
with his/her obligations has been due to [a] extrinsic fraud or
[b] unavoidable accident

Time period: within fifteen [15] days from notice of decision

Where the ground is not clearly meritorious: the Court may, at

its discretion, still grant the motion but upon payment by the
defaulting party or his counsel, whoever may appear at fault, of
a fine of not less than P 1,000.00 nor more than P 5,000.00.
 Deemed to have waived their submission.
Exception: Court may, for good cause shown and not later
than 15 days from receipt of the adverse partys JA, allow but
once the late submission of the requirements.
No good cause: Allow such late submission but with a fine of
not less than P 1,000.00 nor more than P 5,000.00, at the
discretion of the court.
 JA will be excluded from the record
Exception: Allow the subsequent submission of the compliant
replacement affidavits within ten days of receipt of the
exclusion order.
No good cause: Allow such subsequent submission but with a
fine of not less than P 1,000.00 nor more than P 5,000.00, at
the discretion of the court.
 The direct testimony of a witness shall be deemed offered and
admitted upon submission in court of his or her judicial
affidavit, subject to motions for exclusion of inadmissible
testimonies
Object and Documentary evidence are deemed offered and
admitted upon their submission in court as part of the
testimony of the witness, subject to motions for exclusion of
inadmissible testimonies
 Discovery procedures:
Interrogatories to parties,
Requests for admissions, or
Depositions shall
Inform the court of his or her intention within fifteen (15) days
from the notice, otherwise it shall be deemed to have waived
his or her right to avail himself of these modes of discovery.
 Section 24.4 provides for the following common rules
Each factual issue shall be tried in the sequence provided in the
Order of Trial.
A party may
move to disqualify a witness
strike out his or her judicial affidavit or exclude any of the answers
move to exclude any of the exhibits attached to the judicial
affidavit.
The court and the counsels of the parties shall examine the
witnesses.
 The parties shall take turns in presenting their respective witnesses for
the first factual issue or related issues stated in the Order of Trial.

The party who will prove the truth of the factual issue shall be first to
present a witness. If the party has more than witness, the witnesses will
be presented successively respecting such issue.
 Court shall be first to examine the witnesses. The parties shall then
take turns to conduct the cross, re-direct, and re-cross of the witness.

The examination shall entirely focus on the issue or issues at hand.

After all the witnesses from both sides have been examined, the trial
shall move on to the next issue or related issues in the Order of Trial.
 Witnesses from the contending sides shall appear together before the
court.
Conducted in a non-adversarial environment.
Witnesses shall address their answers to the examining judge or
counsels.
Witnesses shall not pose questions to the other witnesses
 First Phase Examination by the court
The court may examine the witnesses in no particular sequence.
The court may also direct its question to one or more of the
witnesses from the contending sides.
The other witnesses from the same side may seek permission to
supplement, clarify, or qualify the answers that the first witness
has given.
Before the second phase, the court may summarize its own
understanding of the position of the parties and the testimonies
of the witnesses.
 Second Phase Examination by the parties respective counsels
Counsels may cross-examine, re-direct, and re-cross the witnesses
without prejudice to courts further examination of the witnesses.
If there are multiple parties involved, the court shall fix the order of
cross, re-direct, and re-cross.
After the counsels have concluded their examination of the witnesses,
the trial shall move on to the next issue or related issues in the Order of
Trial.
Exception as to: FORM SUBSTANCE ADMISSIBILITY
WHEN MADE After the question has May be made before the After the question has
been answered answer been answered
DECIDED Take note of the Promptly rule on such Take note of the
exception exceptions exception and consider
the same when deciding
Where warranted strike the case
out the answer and
rephrase the question
 The counsel may move to exclude the whole or part of the testimony
embodied in the judicial affidavit of a witness.
Objections as to form and admissibility shall be made after the questions
have been answered. Objections as to substance may be raised before the
questions are answered; if the answers have already been given, motions to
strike out may be made.
The court shall act on the objection in same manner provided in Section 24.8
 Face-to-Face trial shall not apply:
When one of the witness is either a child or a person mentally,
psychologically or physically challenged. However the face-to-face
trial shall proceed with the other witnesses;
In special civil actions;
In Special proceedings;
Where the court perceives the danger of uncontrollable passion
arising from deep animosity between the parties.
 Regular Face-to-face Trial
Involves complex or numerous issues
Evidence from both sides consist of
several witnesses or involve numerous
pieces of evidence
Hearings spread over a period of time
Summary or Simple Face-to-face Trial
Involves simple and few issues
Court shall hold a simple one-time face-to-
face trial, with an oral judgment rendered
at the end of the trial
 Alternate or Regular face-to-face trial of issues
The court shall direct the parties to simultaneously
submit their respective memorandum or draft decision
within 30 days from the date the trial ended;
The court shall, within 10 days from receipt of said
memorandum or draft decision, set the case for oral
arguments;
The court shall render a written decision within 90 days
after the hearing the parties on their oral argument.
The court may wholly or partially adopt or use the
memorandum or draft decision of the winning party
Simple face-to-face trial of issues
The court may immediately hear the parties briefly on
oral arguments;
The court shall orally state its ruling and announce the
dispositive part of its judgment
The oral judgment shall be recorded
The court shall then direct the winning party to
submit a memorandum or draft decision
In place of oral judgment, the court may direct the
parties to submit their respective memorandum or
draft decision within 30 days from the date the trial
ended
The court shall promulgate its written decision within
60 days from the face to face trial
 Trials shall be intransferable except on grounds of fortuitous event or
serious illness of a counsel or witness. (section 24.14)

The failure of counsel to appear at the pre-agreed face-to-face trial

without obtaining a prior postponement shall be considered a waiver of
appearance and trial shall proceed without counsel. (section 24.15)

The witness may testify either in English or Filipino. The examination of

the witness may also involve the use of an interpreter (section 24.17)