ARELLANO UNIVERSITY SCHOOL OF LAW

2nd Semester 2018-2019

CIVIL PROCEDURE
Saturdays, 1:00 PM – 6:00 PM, FCJ 306
Atty. Jose Parungo

DIFFERENCES OF AM NO. 03-1-09-SC FROM RULE 18 ON PRE-TRIAL FROM THE RULES OF COURT

ON THE IDENTIFICATION AND MARKING OF EVIDENCE

Rule 18 does not provide for the identification and marking of evidence such that the current rule establishes the policy that no evidence
shall be allowed to be presented and offered during the trial other than those that had been earlier identified and pre-marked during the pre-trial, this
is the general rule. An exception is made when the court admits the presentation of evidence for good cause shown.

ON THE REPRESENTATIONS AND STATEMENTS MADE IN THE PRE-TRIAL BRIEFS OF EACH PARTIES

The Guidelines make the statements and representations that each party has made in their respective trial briefs have a binding e ffect. The
said representations and statements made in the briefs have the same effect as a judicial admission concomitant to Rule 129. In relation to the next
subheading, which is the minutes, all statements and representations are recorded in the minutes and are signed by both parties.

MINUTES OF PRELIMINARY CONFERENCE

The records of all admissions, statements, representations and agreements that have been expressed during the preliminary conference
would be recorded and are to be signed by either the party or his counsel.

ON THE EFFECTS IF THE PARTIES FAIL TO SETTLE

Pursuant to the goal of de-clogging the court dockets, AM NO. 03-1-09-SC disallows the termination of the pre-trial on the basis of the
parties manifesting that they cannot settle the case. Instead, the judge is implored to expose the parties to the advantages of pre-trial and to be mindful
that there are important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case. The trial judge should achieve the
other functions of a pre-trial such as to obtain admissions or stipulations of facts, the submission of depositions, answers, and the production of
documents or things requested by a party.

ONE DAY EXAMINATION OF WITNESS RULE

As a general rule, AM NO. 03-1-09-SC provides that the witness shall be fully examined in one (1) day only. The exception to this rule is
the court’s discretion during the trial on whether or not to extend the examination for justifiable reasons.

MOST IMPORTANT WITNESS RULE

AM NO. 03-1-09-SC allows the court to determine the most important witnesses and limit the number of such witnesses. Additionally, the
parties and their counsels are also required to submit to the Branch Clerk of Court the names, addresses and contact numbers of witnesses that are to
be summoned to court subpoena.

ON PRE-TRIAL QUESTIONS

The Guidelines provide that the judge should be the one to ask questions on the issues raised by the parties and all questions or comments
by counsel or parties must be directed to the judge to avoid hostilities between the parties. The manner of posing questions and comments during pre-
trial was not provided in Rule 18.

ON THE ISSUANCE OF A PRE-TRIAL ORDER

When the pre-trial is terminated, the court shall issue a pre-trial order within ten (10) days. The pre-trial order defines and limits the issues
to be tackled in the actual trial and controls the subsequent courses of action for both parties unless it is modified before the actual trial under the
presence and consent of both parties and their counsel. When the court initiates the modifications in a pre-trial order, both parties and their counsels
are given copies of the amendments.

SUBMITTED BY: MAAN P. VILLAR STUDENT NO.: 2016-0306 1

 ARELLANO UNIVERSITY SCHOOL OF LAW
2nd Semester 2018-2019
CIVIL PROCEDURE
Saturdays, 1:00 PM – 6:00 PM, FCJ 306
Atty. Jose Parungo

SUBMITTED BY: MAAN P. VILLAR STUDENT NO.: 2016-0306 2