This document outlines new guidelines for litigation in Quezon City trial courts aimed at streamlining procedures. Key points include:
1. Limiting additional pleadings to 10 pages and requiring leave of court. Motions not complying with rules will be declared "mere scraps of paper."
2. Requiring comments on motions within 5 days and prohibiting replies without leave.
3. Allowing service via private courier with proof of service.
4. Restricting postponements to acts of God and requiring payment of fees. Non-attendance may result in waiving rights.
5. Requiring calendar calls at set times and dividing remaining time evenly among ready cases.
Original Description:
RE: GUIDELINES FOR LITIGATION IN QUEZON CITY TRIAL COURTS
Original Title
[A.M. No. 11-6-10-SC : February 21, 2012] RE: GUIDELINES FOR LITIGATION IN QUEZON CITY TRIAL COURTS
This document outlines new guidelines for litigation in Quezon City trial courts aimed at streamlining procedures. Key points include:
1. Limiting additional pleadings to 10 pages and requiring leave of court. Motions not complying with rules will be declared "mere scraps of paper."
2. Requiring comments on motions within 5 days and prohibiting replies without leave.
3. Allowing service via private courier with proof of service.
4. Restricting postponements to acts of God and requiring payment of fees. Non-attendance may result in waiving rights.
5. Requiring calendar calls at set times and dividing remaining time evenly among ready cases.
This document outlines new guidelines for litigation in Quezon City trial courts aimed at streamlining procedures. Key points include:
1. Limiting additional pleadings to 10 pages and requiring leave of court. Motions not complying with rules will be declared "mere scraps of paper."
2. Requiring comments on motions within 5 days and prohibiting replies without leave.
3. Allowing service via private courier with proof of service.
4. Restricting postponements to acts of God and requiring payment of fees. Non-attendance may result in waiving rights.
5. Requiring calendar calls at set times and dividing remaining time evenly among ready cases.
RE: GUIDEINES F!R I"IGA"I!N IN #UE$!N CI"% "RIA C!UR"S S&r'(Me')a*e': Please take notice that the Court en banc issued a Resolution dated FEBRUAR% 21, 2012, which reads as follows: "A.M. No. 11-6-10-SC (Re: Guidelines for Litigation in Quezon City Trial Courts).- The Court Resolved toA++R!,E the Guidelines for Litigation in Quezon City Trial Courts, to it: GUIDEINES F!R I"IGA"I!N IN #UE$!N CI"% "RIA C!UR"S To test the !ra"ti"a#ility and feasi#ility of the !ro!osed guidelines, the Quezon City Trial Courts shall unifor$ly and "onsistently a!!ly and enfor"e these Guidelines fro$ their date of effe"tivity, and all ho !ra"ti"e #efore Quezon City Trial Courts shall o#serve and "o$!ly ith the$. A. Gu&)e-&.e' Co**o. /o Cr&*&.a- a.) C&0&- Ca'e', &.1-u)&.2 S3e1&a- +ro1ee)&.2' a.) a.) Re2&'/ra/&o. Ca'e' %. Limitation on pleadings.& 'arties $ay file !leadings su#se(uent to the "o$!laint, anser and re!ly, regarding any in"ident in a !ending "ase, only u!on !rior leave of "ourt, and in no "ase to e)"eed *+ !ages in length, dou#le-s!a"ed, using size %* font. ,. Motions. & (a) -otions that do not "onfor$ ith the re(uire$ents of Rule %. of the Rules of Court are s"ra!s of !a!er that do not $erit the "ourt/s "onsideration. The #ran"h "ler0 of "ourt shall infor$ the 1udge of non-"o$!liant $otions. The "ourt shall then i$$ediately issue a final order de"laring the $otion a $ere s"ra! of !a!er unorthy of any further "ourt a"tion, ithout ne"essity of a hearing or "o$$ent fro$ the adverse !arty. (#) Courts shall re(uire only a "o$$ent or o!!osition to any $otion, hi"h shall #e filed ithin an ine)tendi#le !eriod of . days. Thereafter, the $otion shall #e su#$itted for resolution #y the "ourt. 2nless alloed, the filing of a re!ly, re1oinder, or sur-re1oinder is here#y !rohi#ited. 3. Notice and service of processes through private couriers. & (a) There shall #e !resu$!tive noti"e to a !arty of a "ourt setting if su"h noti"e a!!ears on the re"ord to have #een $ailed at least ,+ days !rior to the s"heduled date of hearing if the addressee is fro$ ithin the 4ational Ca!ital Region, or at least 3+ days if the addressee is fro$ outside the 4ational Ca!ital Region. (#) 5 !arty $ay o!t to avail of !rivate "ouriers for the servi"e of !leadings, $otions and other su#$issions. 'roof of servi"e in su"h "ase shall either #e a sorn "ertifi"ation or affidavit of servi"e fro$ the "ourier s!e"ifi"ally referring to the date of servi"e and the "orres!onding tra"0ing nu$#er for the $ail $atter. *. Postponements. & (a) 6udges shall not grant any !ost!one$ent e)"e!t for a"ts of God or force majeure (#) 4o $otion for !ost!one$ent, hether ritten or oral, shall #e a"ted u!on #y the "ourt unless a""o$!anied #y the original offi"ial re"ei!t fro$ the 7ffi"e of the Cler0 of Court of Quezon City eviden"ing !ay$ent of the !ost!one$ent fee. (") 8n "ivil "ases, in the a#sen"e of "ounsel, the "ourt shall !ro"eed ith the hearing e! parte ith no right to "ross-e)a$ination. 8f it is the itness ho is a#sent, the !resentation of su"h itness shall #e de"lared aived. 8n "ri$inal "ases, in the a#sen"e of "ounsel de parte, the hearing shall !ro"eed u!on a!!oint$ent #y the "ourt of a "ounsel de oficio. 8f it is the itness ho is a#sent, the !resentation of su"h itness shall #e de"lared aived. 8n either "ase, if the s"heduled hearing is una#le to !ro"eed due to su"h a#sen"e, the "ourt shall re(uire the a#sent "ounsel and9or !arty to !ay the e)!enses of the !resent !arty or itness for a!!earing in "ourt on that date. .. Calendar call & Courts shall "all the "alendar at e)a"tly ::3+ a.$. or ,:++ !.$., as the "ase $ay #e, to deter$ine hi"h "ases are ready to !ro"eed. 4o se"ond "all shall #e $ade e)"e!t only of those "ases here #oth !arties have $anifested their readiness to !ro"eed. The re$aining ti$e after the first "all shall #e divided e(ually a$ong the ready "ases to ensure that all ill #e heard on that day. ;. "ral offer of evidence. & The offer of eviden"e, the "o$$ent thereon, and the "ourt ruling shall #e $ade orally. 5 !arty is re(uired to $a0e his oral offer of eviden"e on the sa$e date as the !resentation of his last itness, and the o!!osing !arty is re(uired to i$$ediately inter!ose his o#1e"tion thereto. Thereafter, the 1udge shall $a0e the ruling on the offer of eviden"e in o!en "ourt. 8n $a0ing the offer, the "ounsel shall "ite the s!e"ifi" !age nu$#ers of the "ourt re"ord here the e)hi#its #eing offered are found if atta"hed thereto. The "ourt shall alays ensure that all e)hi#its offered are su#$itted to the "ourt on the sa$e day. 8f the e)hi#its are not atta"hed to the re"ord, the !arty $a0ing the offer $ust su#$it the sa$e during the offer of eviden"e in o!en "ourt. <. Lack of transcripts of stenographic notes. & 8n"o$!lete or $issing trans"ri!ts of stenogra!hi" notes is not a valid reason to interru!t or sus!end the $andatory !eriod for de"iding a "ase. 6udges ho "ondu"ted the trial in a "ase and heard the testi$onies of so$e or all of the itnesses shall not defer the su#$ission of the "ase for 1udg$ent on this ground. 8n "ases here the "ase as heard "o$!letely #y another 1udge, the ne 1udge tas0ed to rite the de"ision shall #e given ;+ days fro$ assu$!tion to offi"e to re(uire the "o$!letion of trans"ri!ts #efore the "ase is dee$ed su#$itted for de"ision. :. Consolidations & (a) Consolidation of "ases shall only #e alloed if #oth or all of the "ases sought to #e "onsolidated have not yet !assed the !re-trial or !reli$inary "onferen"e stage. (#) 8n "ases involving $ulti!le a""used here a later infor$ation is filed involving an a""used ho as su#1e"ted to further investigation #y the 7ffi"e of the City 'rose"utor of Quezon City, over an in"ident hi"h has the sa$e su#1e"t $atter as a !rior 8nfor$ation9s against different a""used, the later "ase hen filed under "over of a $otion for "onsolidation fro$ the 7C'-QC shall no longer #e raffled, #ut shall #e assigned dire"tly to the "ourt here the earlier "ases are !ending. 8f the earlier "ases are already at the trial stage and itnesses have #een !resented #y the !rose"ution, the !rose"ution shall #e alloed to $erely ado!t the eviden"e so far !resented against the ne a""used, su#1e"t to the latter/s right to "ross-e)a$ine the said itnesses. (") 8n "ivil "ases, "onsolidation shall #e granted only if there is identity of !arties and issues in the affe"ted "ases. =. #nhibitions & >a"h !arty shall only #e alloed to file one $otion for inhi#ition in any "ase stri"tly on grounds !rovided for under Rule %3< of the Rules of Court. %+. Memoranda. & (a) 5fter "o$!letion of trial, the "ourt shall re(uire the !arties to su#$it their $e$oranda hi"h shall not e)"eed ,. !ages in length, single-s!a"ed, on legal size !a!er, using size %* font. %%. $ree legal assistance. & 8f a !arty fails to (ualify for the servi"es of the 'u#li" 5ttorney/s 7ffi"e, the 8ntegrated ?ar of the 'hili!!ines Quezon City Cha!ter shall !rovide free legal assistan"e to the said !arty. @or this !ur!ose, the 8?'-QC Cha!ter shall su#$it to the >)e"utive 6udges of the Quezon City trial "ourts, a list of 8?'-QC layers ho $ay #e a!!ointed #y the "ourts to a"t as "ounsel de oficio in su"h "ases. The lists shall #e disse$inated a$ong all the trial "ourts in the station. B. Gu&)e-&.e' 4or C&0&- Ca'e' %. Mediation, judicial dispute resolution, preliminar% conference as mandator% parts of pre&trial & The order setting the "ase for !re- trial shall also in"lude (a) a referral to the '-C for $andatory $ediation !ro"eedings in "ases "overed #y the rule, and9or (#) a setting for 1udi"ial dis!ute resolution, as ell as (") a !reli$inary "onferen"e #efore the ?ran"h Cler0 of Court. The !re-trial !ro!er #efore the "ourt $ust ta0e !la"e only after all the foregoing shall have #een "o$!leted. The "ourt shall stri"tly i$!ose san"tions for non-a!!earan"e during $ediation, 1udi"ial dis!ute resolution, and9or !reli$inary "onferen"e #efore the ?ran"h Cler0 as these are $andatory !arts of !re-trial. Courts $ust stri"tly "o$!ly ith the Guidelines to #e 7#served in the Condu"t of 're-Trial under 5.-. 4o. +3-%-+=-AC. ,. Motions relating to pre&trial matters. & (a) -otions relating to the folloing !re-trial $atters shall #e filed #efore the s"heduled date of !re-trial, otherise they shall #e #arred: i. Au$$ary 1udg$ent and 1udg$ent on the !leadings
ii. 5$end$ents to !leadings, in"luding the adding or dro!!ing of !arties
iii. Aus!ension of !ro"eedings iv. Bis$issals under Rule %;, save for la"0 of 1urisdi"tion over the su#1e"t $atter of the "ase (#) The "ourts $ust resolve said $otions not later than 3+ days after su#$ission. 're-trial !ro!er shall only #e "ondu"ted after su"h resolution. 3. 'ffidavits in lieu of direct testimon%. & (a) The dire"t e)a$ination of all itnesses shall #e !resented through 5ffidavits, !refera#ly in (uestion-and-anser for$at. 'aragra!hs shall #e "onse"utively nu$#ered for fa"ility of referen"e. (#) The 5ffidavits shall ta0e the !la"e of the itness/ dire"t e)a$ination and no additional oral dire"t testi$ony shall #e alloed #y the "ourt save for the itness/ identifi"ation and "onfir$ation of his 5ffidavit and its $ar0ing. The failure to su#$it su"h 5ffidavits on the date they are re(uired to #e su#$itted shall a$ount to a aiver of su"h su#$ission and of the !resentation of the itness9es "on"erned. (") The !arty !resenting the 5ffidavit shall serve a "o!y of the sa$e on the adverse "ounsel and the "ourt not later than five days #efore the s"heduled !re-trial. Ce shall also atta"h thereto "o!ies of all do"u$ents identified and referred to #y the itness in the 5ffidavit hi"h are intended to #e $ar0ed in eviden"e. (d) Cross-e)a$ination shall #e "ondu"ted i$$ediately after the "onfir$ation of the 5ffidavit, and the testi$ony of the itness shall #e "o$!leted on the sa$e setting. *. (!ecution in appealed ejectment cases. & 8n e1e"t$ent "ases #rought to the Regional Trial Court on a!!eal, here the latter/s de"ision has already #e"o$e final and e)e"utory, a $otion for e)e"ution of said de"ision shall #e filed only ith and resolved #y the -etro!olitan Trial Court hi"h originally heard the "ase. C. Gu&)e-&.e' 4or Cr&*&.a- Ca'e' %. )chedule of arraignment. & (a) The arraign$ent shall #e set ithin seven days fro$ re"ei!t #y the "ourt of the "ase, for detained a""used, and ithin ,+ days fro$ re"ei!t #y the "ourt of the "ase, for non-detained a""used. (#) The "ourt $ust set the arraign$ent of the a""used in the "o$$it$ent order, in the "ase of detained a""used, or in the order of a!!roval of #ail, in any other "ase. @or this !ur!ose, here the >)e"utive 6udges and 'airing 6udges a"t on #ail a!!li"ations of "ases assigned to other "ourts, they shall "oordinate ith the "ourts to hi"h the "ases are a"tually assigned for s"heduling !ur!oses. (") 4oti"e of arraign$ent shall #e sent to the !rivate "o$!lainant or "o$!laining la enfor"e$ent agent for !ur!oses of !lea #argaining, !ursuant to Rule %%;, Ae"tion % (f) of the Rules of Court. ,. )uspension of arraignment. & Courts shall stri"tly o#serve the general rule that there shall #e no sus!ension of arraign$ent e)"e!t for any of the three grounds stated in Rule %%;, Ae"tion %% of the Rules of Court. (a) 8n "ase of sus!ension of arraign$ent #y reason of a !ending !etition for revie ith the B76, no "ourt shall allo a sus!ension #eyond ;+ days. 8n granting $otions on this ground, the "ourt shall already set the arraign$ent on the ;% st day fro$ the date of filing of the !etition ith the B76, or the nearest availa#le trial date thereafter. (#) 5 $otion for !reli$inary investigation shall only #e granted here the a""used as $ade su#1e"t to in(uest !ro"eedings, !ursuant to Rule %%,, Ae"tion < of the Rules of Court. (") 8n "ases here a $otion for !reli$inary investigation or re- investigation is granted #y the "ourt, the 7ffi"e of the City 'rose"utor of Quezon City shall "o$!lete the !reli$inary investigation or re- investigation, as the "ase $ay #e, and su#$it its resolution to the "ourt ithin ;+ days fro$ re"ei!t of the order granting the $otion for !reli$inary investigation or re-investigation. 2!on la!se of the ;+-day !eriod ithout a resolution on the !reli$inary investigation or re- investigation, the "ourt shall !ro"eed ith the arraign$ent of the a""used. 8n the order granting the $otion for !reli$inary investigation or re-investigation, the "ourt shall already set the arraign$ent of the a""used. (d) The "ourt shall not allo the defer$ent of arraign$ent on ground of a#sen"e of "ounsel de parte for the a""used if a !rior !ost!one$ent for the sa$e reason has #een granted and #oth a""used and "ounsel are duly notified of the arraign$ent. 8n su"h instan"es, the "ourt shall a!!oint a "ounsel de oficioto assist the a""used for arraign$ent !ur!oses only. 3. *aiver of reading of the information. & The "ourt, u!on !ersonal e)a$ination of the a""used, $ay allo a aiver of the reading of the 8nfor$ation u!on the e)!ress understanding and intelligent "onsent of the a""used and his "ounsel, hi"h "onsent shall #e eviden"ed in #oth the $inutes9"ertifi"ate of arraign$ent and the order of arraign$ent. The "ourt shall ensure the a""used/s full understanding of the "onse(uen"es of the aiver #efore a!!roving the sa$e. *. Petitions for bail & >)"e!t in "o$!le) "ases involving $ulti!le a""used and $ulti!le offended !arties, an a!!li"ation for #ail shall #e heard and resolved ithin ;+ days fro$ the date of the first hearing, and "onsistent ith the rules, su$$ary in nature, !refera#ly re(uiring the su#$ission #y the !rose"ution of the affidavits of its itnesses ith right of "ross-e)a$ination #y the defense. .. Pre&trial & (a) The "ourt shall s"hedule the arraign$ent and !re- trial on the sa$e date in all "ases, e)"e!t in "ases hi"h re(uire $ediation and9or 1udi"ial dis!ute resolution. The !re-trial !ro!er in the latter "ases $ust #e s"heduled i$$ediately u!on "on"lusion of $ediation and9or 1udi"ial dis!ute resolution. (#) 8f the arraign$ent and !re-trial ill #e "ondu"ted on se!arate dates, the setting of !re-trial and trial dates $ust #e $ade during the arraign$ent. (") The order setting the "ase for !re-trial shall also in"lude (a) a referral to the '-C for $andatory $ediation !ro"eedings in "ases "overed #y the rule, and9or (#) a setting for 1udi"ial dis!ute resolution, as ell as (") a !reli$inary "onferen"e #efore the ?ran"h Cler0 of Court, !ursuant to 5.-. 4o. +3-%- +=-AC. The !re-trial !ro!er #efore the "ourt $ust ta0e !la"e only after all the foregoing shall have #een "o$!leted. (d) The "ourt shall !ro"eed ith !re-trial des!ite the a#sen"e of the a""used and9or !rivate "o$!lainant !rovided they ere duly notified of the sa$e. (e) Courts $ust stri"tly "o$!ly ith the Guidelines to #e 7#served in the Condu"t of 're-Trial under 5.-. 4o. +3-%-+=-AC. ;. 'ffidavits in lieu of direct testimon%. & (a) 5s a rule, testi$ony of itnesses in "ri$inal "ases shall #e given orally in o!en "ourt, e)"e!t (a.l) hen the !arties agree to su#$it affidavits in lieu of oral testi$onyD and (a.,) to !rove the "ivil lia#ility. (#) The 5ffidavits so su#$itted shall ta0e the !la"e of the itness/ dire"t e)a$ination and additional oral dire"t testi$ony shall #e alloed only u!on the "ourt/s sound dis"retion. The failure to su#$it 5ffidavits on the date they are re(uired to #e su#$itted shall a$ount to a aiver of su"h su#$ission and of the !resentation of the itness9es "on"erned. (") The !arty !resenting the 5ffidavit shall serve a "o!y of the sa$e on the adverse "ounsel and the "ourt not later than five days #efore the s"heduled !re-trial. Ce shall also atta"h thereto "o!ies of all do"u$ents identified and referred to #y the itness in the 5ffidavit hi"h are intended to #e $ar0ed in eviden"e. (d) Cross-e)a$ination shall #e "ondu"ted i$$ediately after the "onfir$ation of the 5ffidavit, and the testi$ony of the itness shall #e "o$!leted on the sa$e setting. (") >)!ert testi$ony shall alays #e given orally. <. +emurrer and submission of case for decision. & (a) 7n"e the !rose"ution rests its "ase, the "ourt $ust in(uire fro$ the a""used hether he ill file a de$urer to eviden"e or he ill no longer !resent eviden"e, and then a"t a""ordingly. (#) Ehen the defense rests its "ase, unless the !rose"ution e)!ressly $oves to !resent re#uttal eviden"e, the "ourt shall re(uire the !arties to su#$it their $e$oranda and in the sa$e order, s"hedule the date of !ro$ulgation of the 1udg$ent, ithin the !eriod re(uired #y the la or the rules. :. Private prosecutors & 8n "ases here the "ivil lia#ility is #eing !rose"uted #y a !rivate "ounsel, a ritten authority fro$ the 7ffi"e of the City 'rose"utor of Quezon City in favor of the 'rivate 'rose"utor, to try the "ase even in the a#sen"e of the 'u#li" 'rose"utor, $ust #e su#$itted to the "ourt no later than the !re-trial stage. Eith this authority on re"ord, the "ourt $ay set trial in this "ase and other "ases #eing tried #y 'rivate 'rose"utors ith delegated authority, on a se!arate day hen the !resen"e of the 'u#li" 'rose"utor $ay #e dis!ensed ith. D. A33-&1ab&-&/y o4 /5e Gu&)e-&.e' These Guidelines shall a!!ly to all nely filed "ases, as ell as !ending "ases here trial has not started yet, hether or not the !re- trial has #een "on"luded. @or !ending "ases here trial has already "o$$en"ed, here the !arties "onsent to the a!!li"ation of the Guidelines for the re$ainder of the "ase !ro"eedings, the Guidelines shall #e a!!lied #y the "ourt to that "ase as ell. E. Mo.&/or&.2 a.) E0a-ua/&o. (a) The a!!li"ation of and adheren"e to these Guidelines shall #e su#1e"t to !eriodi" $onitoring #y the Co$$ittee and its te"hni"al su!!ort staff. @or this !ur!ose, Quezon City Trial Courts shall a""o$!lish and su#$it a !eriodi" re!ort of data on a for$ to #e generated and distri#uted #y the Co$$ittee. Training in the use of the for$ shall #e done #y the Co$$ittee/s te"hni"al su!!ort staff. (#) The !ro1e"t shall #e su#1e"t to (uarterly revies #y the Co$$ittee. 5t the end of the ; th $onth fro$ su"h date of effe"tivity, the Co$$ittee shall !re!are a -id-Ter$ Re!ort on the !ro1e"t for su#$ission to the Au!re$e Court, and at the end of the %, th $onth fro$ su"h date of effe"tivity, the Co$$ittee shall !re!are and su#$it a @inal Re!ort on the !ro1e"t to the Au!re$e Court. F. E44e1/&0&/y These Guidelines shall ta0e effe"t on 5!ril %;, ,+%,, after its !u#li"ation for to "onse"utive ee0s in to nes!a!ers of general "ir"ulation in the "ountry and after !osting for one $onth at all floors of the Call of 6usti"e of Quezon City, in"luding at the 7ffi"es of the Cler0s of Court of the Regional Trial Court and the -etro!olitan Trial Court." ,elasco, -r, -., on offi"ial #usiness. .rion and +el Castillo, --., on leave. Fery truly yours, 6S2).7 ENRI#UE"A E. ,IDA Cler0 of Court