Professional Documents
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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)].
2. If the court issues a subpoena as requested, personally serve the
subpoena upon the intended witness and bear the cost of the
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.
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.
B. Order of Trial
1. Await the Order of Trial to be issued by the court and ensure that
the same accurately reflects the matters taken up and agreed
upon during the preliminary conference.
2. Prepare the witnesses and evidence to be presented at the
scheduled dates of trial as indicated in the Order of Trial.
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.
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) 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)].
viiiConduct 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.
nog
rap
her
Ste
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
sample
JU
D
versus
actual
panel
delivered]
Witness B,
is that
Stenog
rapher
DG
true? Was
JU
E
the sample
og
er
D
J
different Yes, but
r
that what there was a
Company B log ban at
delivered? that time so
we couldn’t
deliver
Class 3
Narra.
Instead, we
delivered
Class 4.
But we were
shown
Class 3
Stenog
Narra.
rapher
DG
JU
E
Class 4
Narra wood
Stenog
rapher
panels are
DG
JU
E
Here’s a cheaper.
certification
we obtained
from the
Bureau of
Forrestry of
the different
classes of
Narra. So
Class 4
Narra is
still Narra.
Witness A-1 Counsels,
and B-1, both you may
of you can proceed with
stop now. your
The issue has examination
graph
Steno
JU
er
been of the
G
D
E
Stenog
rapher
DG
JU
E
clarified. As I witnesses.
understand, Per the
Company B Order of
delivered
2. The second-phase of examination
Trial,
Class 4 Company B’s
Narra counsel will
The Supply
because of the conduct his
Contract
log ban. Thisstates that cross-
Class 4Company B examination,
Stenogr
apher
to be followed
JU
E
DG
JU
E
Witness A- samples by counsel
1, does the shown to for Company
Supply Company A, A. I will ask
Contract
Objection which were additional
stated that
your
the honor.
Narra Class 3 questions if
That Narra wood The
necessary.
wood panels
question is panels. objection is
to be
inadmissibl noted. I
supplied
eshould
under the will
be
Stenogr
consider
apher
Stenogr
Best
DG
Class 3?
apher
JU
JUD
E
GE
Evidence that
Rule. objection in
deciding
this case.
After Counsel’s After Counsel’s (Company
(Company
Witness A- B) cross- A) re-direct-examination…
1, when you
examination…
ordered
Narra from
Stenog
rapher
DG
JU
E
Company
B, did you
Stenog
rapher
GE
JU
D
specify the
kind or Witness A-
class you 1, were you
needed? 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
GE
delivering Narra
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
DG
JU
E
Company A?
JUD
GE
pher
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
COMPAN COMPAN
JU
YB Y B’S
G
D
E
COUNSEL
Illustration of
Alternate Trial
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.