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5-Manual For Lawyers and Parties Rules 22 and 24
5-Manual For Lawyers and Parties Rules 22 and 24
5-Manual For Lawyers and Parties Rules 22 and 24
Rules 22 and 24
Revised Rules of Civil Procedure
(Pursuant to A.M. 14-03-02-SC, March 8, 2014)
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)].
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
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.
I. BEFORE TRIAL
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)].
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
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.
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)].
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]
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.
(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.
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”
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
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
JU
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
JU
D
Company B,
did you
Stenog
rapher
GE
specify the
JU
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
JU
E
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”
JUD
delivering Narra
GE
pher
Class 3. Who
declared the log
ban?
JUD
GE
pher
C. Trial on the third issue of “whether Company B is liable for damages to Company A”
Company B to
apher
DG
JU
E
Company A?
JUD
GE
apher
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
JU
NY B’S
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
JUDGE
Company B
Counsel
Stenographer
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.