RULE 18 PRE-TRIAL If the mediation fails because the parties do not arrive at a settlement, then

the case goes by to the court and then the court will also conduct another
The matters to be taken up at the pre-trial level of mediation known as Judicial Dispute Resolution (JDR)
1. The desirability of an amicable settlement or the submission of
Judicial Dispute Resolution (JDR)
issues to alternative modes of dispute resolution
- This is also a kind of mediation except that it is the judge conducting
What are the modes of dispute resolution? (Alternative Modes of the mediation. The proceedings are not recorded and whatever the
dispute resolution parties will say is also confidential.
- You have the folloeing: - If the JDR fails because it did not resolve in a settlement, then in a
a) Conciliation multi-sala court the case will be re-raffled among the other
b) Meditation branches of the court so that the JDR Judge will not be the one to
c) Arbitration conduct the trial.
d) Mini-Trial - But in a single-sala court, there is a JDR Judge that will conduct the
e) Early Neutral Evaluation JDR. In case it does not resolve in a settlement then the regular
f) Any combination of the forgoing judge will be the one to conduct the Trial.
Ex. Conciliation-Mediation Ex. MTC La Trinidad, so on a designated day every week, the judge
of MTC Tuba will go to MTC La Trinidad to conduct JDR, so he
In civil cases, before the court will conduct a pre-trial in a civil case, the case becomes the JDR Judge.
will be first refer to the Philippine Mediation Centre for Court Annexed
Mediation (CAM) Arbitration

Court Annexed Mediation (CAM)
- The one that will conduct the mediation is an officer of PMC so they
will have 30 days to conduct mediation but can be extended for
another 30 days.
- The purpose is for the parties to decide the matter between or
among -------- and to arrive in a settlement.
- Take note that this one is not recorded. And whatever said is strictly
confidential and cannot be used to or against anyone because the
proceeding is confidential.
- The arbitrator or the panel of arbitrators will issue an arbitral award,
and that will have the effect of the judgment of the court.
- In arbitration proceedings, you also present evidence and the
arbitrator will decide the case. You get to select your judge.
2. Simplification of Issues
- One purpose of pre-trial is to clarify and simplify the issues
- When you go to trial, you try all these issues except that when you
go outside the issues and you try another issue that is not among
them, there will be an amendment to conform the evidence.
- amendment to conform the evidence does not apply to a defendant
declared in default.
3. Desirability of amendments to the pleadings
- The court will allow the amendment to pleadings if it is necessary so
that all the issues can be brought before the court to avoid
multiplicity of suits.
Why should all issues be brought before the court?
- All issues concerning the subject of the litigation between the same
parties should be brought before the court to avoid multiplicity.
4. Stipulation of facts or documents
What is the purpose of this stipulation?
- To avoid unnecessary proof.
Ex. The subject of litigation is a parcel of land, instead of proving the
area/location of the land, you can stipulate of the identity of the land.
The plaintiff perhaps may ask the defendants to admit the location and
identity of the land, and if the defendant will admit, that will be a
judicial admission.
Judicial Admission – does not need evidence.
- Stipulation of facts can also happen in criminal case
Ex. the age of the victim
5. Limitation of the number of witnesses
- Mention the names of your witnesses and the substances of their
testimonies.
- At the trial, you present the most important witness first, you call
that the Most Important Witness Rule
- The court will not allow a person to testify unless he was mentioned
as a witness at the pre-trial.
- The court will issue the pre-trial order mentioning all witnesses to
be presented by both parties and then there is a statement that
says that a person whose name does not appear in the list of
witnesses will not be allowed to testify unless for good cause
shown.
6. Preliminary reference of issues to a commissioner
Commissioner- it can be a technical person
Ex. The problem is overlapping. A claims that his boundary is up to here.
B claims that his boundary is up to there, so there is an overlapping.
Then the court will simple designate a commissioner in a matter like
overlapping of boundaries which is a geodetic engineer. A geodetic
engineer can be commissioned to conduct a survey on the ground.
In most cases
Ex. The plaintiff will choose his own surveyor and the defendant will also
choose his own surveyor. The two surveyors will choose the third
member of the panel. And the report of the majority should bind all the
parties.
Ex. The matter involved is an accounting report then an accountant can
be commissioned.
7. Propriety of rendering judgment on the pleadings, or summary
judgment, or of dismissing the action should a valid ground therefor
be found to exist
- The pre-trial, it becomes clear that the case can be submitted for
judgment on the pleadings then the court will render judgment on
the pleadings upon motion of plaintiff. There must be a motion
 because the court cannot on its own render a judgment on the
pleadings even if the ground on the judgment on the pleadings or
dismissal of action appears
8. The necessity of suspending the action
Ex. There is a written offer from one party to the other for
discussion of amicable settlement. Finally they realized that the
settlement is the best option so they decide to settle out their own.
They can ask the court to suspend the proceeding.
- But the matter about the amicable settlement should be a serious
matter.
9. Other matters as may aid in the prompt disposition of the case.
When may the pre-trial be conducted?
- After the last pleading has been served and filed.
What is the last pleading?
- It depends on what pleading has been filed.
Ex. X files a complaint and if Y files his answer and it does not contain
affirmative defenses, and then the answer could be the last pleading.
But if it contains affirmative defenses, then the last pleading would be a
reply.
Ex. There is a permissive counterclaim, then the last pleading would be
an answer to the permissive counterclaim.
- So it does not follow that the answer would be the last pleading.
Ex. Y files a third-party complaint against Z, then the third-party
complaint is not the last pleading.
- It shows that the last pleading will depend on what pleading has
been filed.
If the last pleading has been filed then it is the duty of the plaintiff to
promptly move ex parte that the case be set for pre-trial.
What does the word promptly mean?
- In one circular, it was mentioned that the plaintiff has 5 days from
the filing of last pleading to move ex parte that the case be set for
pre-trial.
However if the plaintiff fails to move ex parte to have the case set for
pre trial, then the Clerk of Court must issue the notices of pre-trial.
But if the plaintiff does not move ex parte to have the case set for pre
trial and the Clerk of Court does not also issue the notices of pre-trial
and so the case is now in the docket of the court, not moving. The case
can be dismissed for failure of the plaintiff to prosecute.
There must be a notice of pre-trial.
Notice of Pre-Trial
- Must state the date and time of the pre-trial and it must contain
directive to the parties to submit their pre-trial briefs at least 3 days
before the pre-trial.
- They must ensure receipt by the other party of the pre-trial brief at
least 3 days before the pre-trial.
What happens if despite notice the plaintiff fails to appear at pre-trial?
- His complaint may be dismissed and the dismissal has the effect of
the adjudication of the case on his merits. The dismissal is a
dismissal with prejudice unless the court states otherwise in the
order of dismissal.
What happens if despite notice the defendant fails to appear at pre-
trial?
- The failure of the defendant to appear despite due notice shall be a
cause to allow the plaintiff to present his evidence ex parte.
In one case it was held that it is the failure of the party to trigger of
these effects of non- appearance. It is no the failure of the counsel of
the party.
Ex. The plaintiff appears but his counsel fails to appear. The case may
not be dismissed because it is the failure of the plaintiff and not the
failure of his counsel that trigger the dismissal of the complaint.
What is the effect of failure to file pre-trial brief?
- It shall have the same effect as failure to appear at the pre-trial.
As to contents of the pre-trial brief (#18 Rule 18, pg 175)
If party is represented by counsel, the notice of pre-trial will be served
on his counsel, and the counsel has the duty to notify his client.
After the pre-trial the court will issue a pre-trial order, reciting in detail
the matters taken up at the pre-trial, the action taken thereon and the
issues to be tried. Once issued the pre trial will governed the conduct of
trial or will control the cause of action.
RULE 19 INTERVENTION
Ex. If Y would like to bring in a party to the case, he can do so by means of a
third-party complaint. So Y is the defendant, he will file a third-party
complaint. Y is also referred to as the third party plaintiff and Z is the third
party defendant.
What is a third-party complaint?
- One which a defending party called a third party plaintiff with leave
of court file against a person not yet a party to the action for
contribution, indemnity, subrogation, or any other relief in respect
to his opponent’s claim.
Ex. In a solidary obligation, these two individuals are liable solidarily in
my favour in the amount of 10 million. So I filed a case against one of
them to recover the entire amount of 10 million. The solo defendant
can file a third-party complain against the other debtor for contribution
so that if he is made to pay the 10 million, he may now recover the 5
million from the third-party defendant.
Ex. You are covered by an insurance policy. You hit a person while
you’re driving the cars and then they file a case against you. You can file
a third-party complaint against the insurance company for indemnity
because you are covered by the insurance policy.
Ex. X&Y Z
Z is not a party of this case but Z has a legal interest in the subject of the
litigation. Z will file a Motion for leave to intervene, so he will be called as an
intervenor.
In a third-party complaint, the initiative comes from the defending party to
bring him in the case. In an intervention the initiative to become part of the
case comes from the third party.
You cannot intervene if there is no pending action. You can only intervene if
there is a pending action in court.
Who may intervene in an action?
- A person who:
a) has a legal interest in the matter in litigation
b) has a legal interest in the success of either of the parties
c) has an interest against both; or
d) is so situated as to be adversely affected by a distribution or
other disposition of property in the custody of the court or of an
officer thereof, may, by leave of court, intervene in an action.
What is the pleading in an intervention?
- Complaint-in-intervention, except if the intervenor unites with the
defending party in resisting the claim of plaintiff in which case it
called answer-in-intervention.
When may an intervenor intervene?
- At any time before rendition of judgment by the trial court.
RULE 22 COMPUTATION OF TIME
When the last day falls on a Saturday, a Sunday, or a legal holiday in the
place where the court sits, then it shall be file on the next business day.
The phrase “where the court sits” applies only to legal holiday
Ex. September 1 is a legal holiday in Baguio but not in Marawi City.
Ex. Your law office is in Baguio but you have a case in Dagupan and you are
suppose to file a motion for reconsideration in that case in Dagupan, and
the last day to file is on September 1, you cannot file it on the next business
day because the legal holiday is not in Dagupan.
RULE 21 SUBPOENA
What is subpoena?
- Is a process directed to a person requiring him to attend and testify
at the hearing or the trial of an action, or at any investigation
conducted by competent authority, or the taking of his deposition.
Kinds of Subpoena
a) Subpoena ad testificandum – requires the person to attend and
testify
b) Subpoena duces tecum – requires the person to produce books,
documents and other things.
If what you can see is only the word subpoena then that is understood to be
subpoena ad testificandum.
Suppose a subpoena was issued to a person and then the person has a
ground to quash the subpoena, then he files a motion to quash a subpoena.

What are the grounds for quashing a subpoena?
- If what is to be quashed is a subpoena duces tecum, the following
are the grounds:
a) The subpoena is unreasonable and oppressive
Ex. If the subpoena requires the person to produce a
truckload of documents
Ex. Employment records from 1959 to the present
b) The relevancy of the books, documents, or things does not
appear
Ex. The subject of the controversy is about a land and you
are being required to produce the fees that you create ------
c) The person in whose behalf the subpoena is issued fails to
advance the reasonable cost of the production thereof; and
If you are the party asking for production of an object, you have
to advance the reasonable cause for its production, if you failed
to do so, that is a ground for quashing a subpoena.
d) The witness fees and kilometrage allowed by the rules were
not tendered when the subpoena was served.
- If what is to be quashed is a subpoena ad testificandum, the
following are the grounds:
a) The witness is not bound by the subpoena; or
b) The witness fees and kilometrage allowed by the rules were
not tendered when the subpoena was served.
What are the instances when a witness is not bound by the subpoena?
- The following:
a) The witness resides more than 100 kilometres from his
residence to the place where he is to testify by the ordinary
course of travel;
b) The witness is a detention prisoner- if no permission of the
court in which his case is pending was obtained; and
c) The witness is a prisoner sentenced to death, reclusion
perpetua, or life imprisonment is confined in a penal
institution- if the authority of the Supreme Court to bring
out the prisoner has not been obtained.
What is the viatory right of a witness?
- The viatory right is the right of a witness not to be compelled by
subpoena to attend the court hearing in a civil case if he resides
more than 100 kilometers from his residence to the place where he
is to testify by the ordinary course of travel.
MODES OF DISCOVERY
When you go to trial, you must know all the facts, you gather or collect all
the facts pertinent to your case. You can gather the facts from your client
and his witnesses but your opponent may have some facts in his possession
that are not known to you.
Do you have any means to be able to know all these facts that are in the
possession of the adverse party?
- Yes. You resort to what is known as modes of discovery to know the
facts that are in the possession of the adverse party.
Modes of discovery are known as fishing expedition.
What are the modes of discovery?
a) Deposition pending action (Deposition de bene esse)
b) Deposition before action or pending appeal (Deposition in
perpetuam rei memoriam)
c) Interrogatories to parties
d) Request for admission by adverse party
e) Production or inspection of documents or things
f) Physical and mental examination.
Whose deposition may be taken?