Summary of pp.

136-157

(16) Investigation during the pendency of an action

(a) xx
(b) xx
(c) xx
(d) xx
(e) xx
(f) Evidentiary value of police report, autopsy report, medical report, etc.
i. Police Reports
 Issued by police offices who have conducted an on-the-spot investigation
of the scene of the incident
 Carries superior probative value and weight for criminal actions for (1)
reckless imprudence resulting in homicide or physical injuries, (2) damage
to property through reckless imprudence, (3) tort actions, and (4) actions
arising from quasi-delict.
 For automotive collisions, it bolsters one’s claim covered by a
comprehensive insurance policy or claim for a third-party liability against
the insurance company
 Required in inquest proceedings conducted by Inquest Prosecutors
especially in Metro Manila
ii. Medical/Autopsy Report
 Prepared and issued by an examining physician or medico-legal experts
 Considered to be a material piece of evidence with high probative value
 Indispensable for filing of charge and required by Inquest Prosecutors for
(1) murder, (2) rape, (3) homicide, (4) parricide, (5) physical injuries, (6)
seduction, (7) assault against a person in authority or his/her agent, (8)
traffic accident cases, (9) forcible abduction, and (10) abortion
 An autopsy report assists in the determination of whether the victim died
only recently or after a lapse of a considerable period of time and serves as
evidence of high probative value to determine which part of a deceased
person’s body had sustained fatal wounds, fractures of the bones, the
weapons used and even the relative position of the accused in relation to
the deceases at the time the wounds were inflicted

(17) Procedure in qualifying an expert witness in case the adverse counsel would not admit
the competency of the examining physician to testify as an expert witness

(a) Manifest to put the expert witness on the start to testify and show the court the purpose
for qualifying him as a medico-legal or medical expert;
(b) Demonstrate the frequency or number of times the chosen expert has had experience of
testifying in court as an expert;
(c) Establish the jurisdictional facts pertaining to the case and the expert’s knowledge of the
same;
 (d) Establish the relationship of the expert to the case – his/her valid preparation or issuance
of the medical/autopsy report, as applicable;
(e) Demonstrate the expert’s credibility as an expert witness by allowing the latter to testify
on this educational and professional background;
(f) Establish the expert’s familiarity with identifying the subject or issue at hand (i.e.
identifying wounds, etc.);
(g) Present the subpoena served on the expert to appear and testify in the case, based on the
former’s autopsy report; and
(h) Conclude that the testimony of the medical expert is considered sufficient evidence to
consider him/her qualified to testify as a medico-legal expert

(18) When to prepare a demand letter

A lawyer or a client’s chosen counsel prepares a demand letter when the former has already been
able to (1) assess every material evidence gathered, (2) is convinced that the evidence is
sufficient to start a court litigations, (3) is convinced that there exists a valid cause of action,
after interviewing the client and witnesses and evaluation of the same.

In line with the task to prevent expensive litigation and explore the possibility of an out-of-court
settlement with the parties, the lawyer must temper his/her language in the demand letter. The
tenor must demonstrate a willingness to start a dialogue and come to a consensus that can be
beneficial to the adverse parties.

To add to this, the law requires for a pre-trial conference in the efforts of expediting or
abbreviating the proceedings.

The court, through the Judge, as well as the counsels, support each other in the resolution of the
dispute through amicable settlement due to the many factors which influence negotiation,
namely:

(a) Fear of litigation – there is fear of litigation as it has the reputation of destroying family
lives and the future of children, it is stressful and draining, not only psychologically and
emotionally, as well as financially; Despite this, the fear of litigation may be a way for an
adverse party to force the other to come to the negotiating table and use the same as a
negotiating technique in order to come to an agreement outside of court;

(b) Negotiation – essentially conciliatory, negotiations may be initiated by counsels, with the
participation of their clients. The counsels shall propose overtures to the terms and
conditions for the settlement of controversy;

(c) Fear of incurring unnecessary expenses incident to litigation expenses – exorbitant

fees of lawyers, as well as payment of damages and other out-of-pocket expenses have
rendered previously financially-stable individuals into destitute litigants after prolonged
court proceedings. This, in itself, forces most parties to negotiate instead;

(d) Fear of suffering mental torture, anxiety, social humiliation

(e) Desire by the lawyer to rake a fat remuneration – while lawyers may collect large
sums of attorney’s fees from litigation, they may also be awarded a good amount for
being able to pursue and successfully close a negotiation.

(f) Impelling force exerted by third parties to gain unusual advantage from out of court
settlement – most cases involve third parties who are interested in the outcome of the
case. Also, there are brokers or agents who may collect commissions from being able to
offer their services to lawyers and prospective litigants by making proposals to the other
parties.

(g) Presiding Judge as effective negotiator – efficient and selfless Judges are able to act as
chief negotiator and master of ceremonies between litigants and their counsels to
convince the parties to come into a settlement of their issues with a mutually-beneficial
solution.

(h) Pre-trial conference a keystone to abbreviate litigation – the pre-trial conference, a

mandatory proceeding in the RTC, is when a Judge demonstrates his/her skills as a chief
negotiator in order to facilitate the negotiation of the parties and expedite litigation.

(i) Advance opinion of Presiding Judge not pre-judgment – to a certain extent, in a pre-
trial conference, the Judge announces what might be the applicable law in the point and
expresses the chances of being a success or failure in either case. Such expression of the
Judge is not considered to be a pre-judgment. According to the late Justice Antonio
Barredo, pre-judgment is when a Judge forms his/her own opinion before reading the
pleadings. In this situation, the Judge may have come to know the case and already
favored the defendant or the plaintiff before reading any of the pleadings. On the other
hand, an advanced judgment is when the Judge can tell from the pleadings what the law
is. This is not pre-judgment and is allowed.

(j) Preliminary conference pursuant to Rule 48 precedes pre-trial – to abbreviate court

proceedings, ensure the prompt disposition of cases, decongest court dockets, and
implement the pre-trial guidelines laid down in A.C. No. 3-99, using pre-trial and
deposition-discovery is an important and vital component of case management in trial
courts.
i. Pre-Trial (Civil Cases)
 Summons shall be prepared within one (1) day from receipt of the
Complaint;
 Order requiring the parties to avail of (1) interrogatories to parties, (2)
request for admission by adverse party, (3) use depositions, and (4) other
measures under Rules 27 and 28 within five (5) days from the filing of the
Answer;
 The Plaintiff must move ex-parte that the case be set for pre-trial
conference within five (5) days from the filing of the Reply;
 If the Plaintiff fails to do so, the Branch Clerk of Court shall issue the
notice of pre-trial.
  At least three (3) days before the pre-trial, the parties shall submit their
pre-trial briefs containing the details as listed in Rule 18, Section 6 of the
Revised Rules of Civil Procedure.
 At the start of the pre-trial conference, the Judge shall refer the parties
and/or their counsels to the Philippine Mediation Center (PMC) mediation
unit.
 If mediation fails, the Judge may refer the case to the Branch Clerk of
Court for a preliminary conference. The proceedings shall be recorded in
the “Minutes of the Preliminary Conference” to be attached to the case
record before pre-trial.
 Prior to the continuation of pre-trial conference, the Judge studies all the
pleadings and determines the issues and respective positions of the
parties. This enables the Judge to intelligently steer the parties toward a
possible amicable settlement or at least reduce the issues.
 Should the parties refuse to an amicable settlement, the Judge proceeds to:
o Confer with the parties with the opposing counsel to consider –
“Given the evidence of the plaintiff/defendant presented in his/her
pre-trial brief in support of his/her claim, what manner of
compromise is considered acceptable to the defendant/plaintiff at
the present stage?”
o If unsuccessful, confer with the party and his counsel separately.
o If the manner of compromise if not acceptable, the Judge shall
confer with the parties without their counsel.
ii. Pre-Trial (Criminal Cases)
 Before arraignment, the Court shall issue an order directing the public
prosecutor to submit the record of preliminary investigation to the Branch
COC for the attachment of the same to the record of the case.
 The accused shall be arraigned within ten days from the date of the raffle.
 Pre-trial shall be held within ten days after arraignment unless shorter
period is provided.
 After arraignment the court shall set the pre-trial conference within thirty
days from the date of arraignment.
 Before the preliminary conference the judge must study the pleadings and
determine the issues to enable him to steer the parties to toward a possible
amicable settlement of the case, or the very least to help reduce and limit
the issues.
 During the preliminary conference, the Branch COC shall assist the parties
in reaching a settlement of the civil aspect of the case, mark the documents
to be presented as exhibits, ascertain from the parties the undisputed facts
and admissions on the genuineness and due execution of documents. If all
efforts to settle, the judge shall:
o Adopt the minutes of preliminary conference as part of the pre-trial
proceedings and confirm markings of exhibits;
o Inquire if there are cases arising out of the same facts pending
before other courts;
 o Inquire if pleadings are in order;
o Inquire if interlocutory issues are involved and resolved;
o Consider adding or dropping of parties;
o Scrutinize allegations of all pleadings and attachments thereto;
o Define and simplify the factual and legal issues arising from the
pleadings;
o Determine the propriety of rendering a summary judgement;
o Ask parties to agree on trial dates for continuous trial and adhere to
the case flow chart;

S.C. Circular No. 1-89 dated January 19, 1989

A. Pre-trial elements:
a. The parties shall submit at least three days before the conference pre-trial
containing the following:
1. Brief statement of the parties' respective claims and defenses;
2. The number of witnesses to be presented;
3. An abstract of the testimonies of witnesses to be presented by the parties, and the
approximate number of hours that will be required by them for the presentation of their
respective evidence.
4. Copies of all documents intended to be presented;
5. Admissions;
6. Applicable law and jurisprudence;
7. The parties' respective statements of the issue; and
8. The available dates of counsel for complete evidence presentation, which must be within
a period of three months from the first day of trial.

b. At the pre-trial conference:

1. The judge shall persuade the parties to arrive at a settlement or agree to the stipulation of
facts including the authenticity of documents to be submitted during trial;
2. The judge shall then define the factual issues arising from the pleadings and endeavor to
narrow them down to material issues; 
3. If only legal issues are presented, the judge shall require the parties to submit their
respective memorandum on the issues, and shall render judgment thereon; 
4. If a trial is to be conducted, the judge shall fix the necessary dates to complete
presentation of evidence by both parties within 90 days from initial hearing. 

c. The pre-trial order shall include the following:

1. A statement of the nature of the case; 
2. The stipulation or admissions of the parties, including testimonial and documentary
evidence; 
3. The issue involved; a) factual and b) legal;
4. Number of witnesses;
5. the dates of trial. 
d. This is without prejudice to a finding that either judgment on the
pleadings or summary judgment is appropriate; 
 e. Failure to file pre-trial briefs may be given the same effect as the failure to
appear at the pre-trial.

B. Filing of Complaint
When the counsel is convinced that his client has a worthy case and that on the basis of the
evidence on hand there is a bright prospect of obtaining the proper relief for his client.
a. Jurisdiction in a legal point of view
It is the power of the court to decide a matter in controversy and presupposes the existence of a
duly constituted court with control over the subject matter and the parties.
b. Territorial Jurisdiction
It pertains to the power of the court to exercise jurisdiction to adjudicate cases committed or
which occurred within the territory defined by law or the Supreme Court which is the extent of its
jurisdictional competence.
c. Jurisdiction over the subject matter
It is the power to hear and determine cases of the general class to which the proceedings in
question belongs.
d. Jurisdiction over the person
It is the power of the or quasi judicial agency or administrative body to subject the person of the
defendant or respondent and to bind him of all judgments and orders of said court or quasi-
judicial body that may be rendered by it with the force of law.
e. Jurisdiction over the res or property
It is obtained by a seizure of the property under legal process of the court, whereby it is held to
abide by such order as the court makes, and with respect to the persons whose rights in the
property are to be affected, jurisdiction may be attained by constructive service of process, it not
being necessary that they be brought within the reach of the persons of the court or should receive
actual notice.

f. Modes of acquiring jurisdiction

 Jurisdiction over the subject matter- conferred by law which is enacted by the mandate of
sovereign authority which creates the court.
 Jurisdiction over the person- acquired by either the voluntary submission or appearance of
the party to the authority and control of the court or quasi judicial body, or by the coercive
power or legal process exerted over the person of the defendant or respondent. 
 Private crimes- acquired by the filing of the complaint by the private offended party.
 Public crimes- it is conferred by law
 In civil cases, venue may be subject of stipulation. It may also be waived by the parties.
 The venue or place of trial may be changed by the Supreme Court in the interest of justice
and in meritorious cases where health condition of the accused poses to be a primary
consideration.
g. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts 
 Exclusive original jurisdiction over civil actions and probate proceedings, testate and
intestate, including grant of provisional remedies in proper cases, where the value of the
personal property, estate, or amount of the demand does not exceed Two Hundred
Thousand Pesos (P200,000.00) or, in Metro Manila where such personal property, estate, or
 amount of the demand does not exceed Four Hundred Thousand Pesos (P400,000.00),
exclusive of interest, damages of whatever kind, attorney's fees, litiga tion expenses, and
costs, the amount of which must be specifically alleged.
 Exclusive original jurisdiction over admiralty and maritime cases where
the demand or claim does not exceed Two Hundred Thousand Pesos
(P200,000.00). 
h. Cases to which the Rules on Summary Procedure shall apply 
 Civil cases
o All cases of forcible entry and unlawful detainer. respective of the amount of
damages or unpaid rentals sought to be recovered. Where attorney's fees are
awarded the same shall not exceed twenty thousand pesos (P20,000.00)
o All other civil cases, except probate proceedings where the total amount of
plaintiff's claim does not exceed ten thousand pesos (P10,000.00), exclusive of
interest and costs.
 Criminal cases
o Violations of traffic laws, rules and regulations
o Violations of rental law;
o Violations of municipal or city ordinances; 
o All other criminal cases where the penalty pre scribed by law for the offense
charged is imprisonment not exceeding six months, or a fine not exceeding one thou
sand 'pesos (P1,000.00), or both irrespective of other imposable penalties, accessory
or otherwise, or of the civil liability arising therefrom: Provided, however, that in
offenses involving damage to property through criminal negligence, this Rule shall
govern where the imposable fine does not exceed ten thousand pesos (P10,000.00).
i.  Jurisdiction of Regional Trial Courts
 Original and exclusive jurisdiction 
o Civil actions in which the subject of litigation is incapable of pecuniary estimation. 
o Civil actions which involve the title to, or posses. sion of, real property, or any
interest therein, where we assessed value of the property involved exceeds Twenty
Thousand Pesos (P20,000.00) or, for civil actions in Metro Manila, where such
value exceeds Fifty Thousand pesos (P50,000.00) except actions for forcible entry
into and unlawful detainer of lands or of buildings, the original jurisdiction over
which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts. 
o Actions in admiralty and maritime jurisdiction where the demand or claim exceeds
Two Hundred Thou sand pesos (P200,000.00) or, in Metro Manila, where such
demand or claim exceeds Four Hundred Thousand pesos (P400,000.00). 
o Matters of probate, both testate and intestate, where the gross value of the estate
exceeds Two Hundred Thousand pesos (P200,000.00) or, in probate matters in
Metro Manila, where such gross value exceeds Four Hun dred Thousand pesos
(P400,000.00). 
o Actions involving the contract of marriage and marital relations. 
o Cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising judicial or quasi judicial functions. 
 o Civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of
Agrarian Relations as now provided by law.
o Other cases in which the demand, exclusive of Interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs or the value of the property in
controversy, exceeds Two Hundred Thousand pesos (P200,000.00) or, in such other
cases in Metro Manila, where the demand exclusive of the abovementioned items
exceeds Four Hundred Thousand pesos (P400,000.00).
j. Criterion in determining whether or not subject is not capable of pecuniary
estimation
 The basic issue is something other than the right to recover a sum of money, where the
money claim is purely incidental to, or a consequence of, the principal relief sought, the
action is exclusively cognizable by the Regional Trial Courts.
 The following are examples of actions incapable of pecuniary estimation:
o Action for annulment of marriage, contract or Deed of Declaration of Heirs; 
o Action for annulment of partition of land regard less of the assessed value of the
land; the complaint for partition which under RA 7691 falls within the jurisdiction
of MTC, is merely incidental to the main action for annul ment; 
o Action for expropriation or eminent domain.
o Action for specific performance, support pendente lite.
o Action for annulment of judgment, annulment of mortgage, deed of sale and to
recover the price.
o Independent action for rescission of contract or as incident to action for specific
performance; 
o Action for declaration of absence, for foreclosure of mortgage.
o Action for abatement of nuisance. 
 The following are pleadings which must be verified:
 

o Petition for review on certiorari under o Petition for leave to sell or encumber
Rule 45. and petition for certiorari under estate of ward; 
Rule 65;  o Petition that competency of ward be
o Petition for prohibition, mandamus, quo judicially determined; 
war ranto, injunction;  o Complaint for replevin;
o Petition for habeas corpus (Sec. 3, Rule o Complaint with prayer for attachment;
102); o Answer to complaint for usury; 
o Petition for change of name (Sec. 3, Rule o Petition for adoption, hospitalization of
103);  insane;
o Petition for voluntary dissolution of o Petition filed or signed by a party
corporation (Sec. 1, Rule 104);  litigant; 
o Complaint for forcible entry or unlawful o Petition for custody of minor;
detainer;  o Complaint with prayer for temporary
o Petition for appointment of general restraining order; 
guardian;  o Complaint for appointment of receiver;
o Petition for probate of the will; 
o Complaint for recovery of termination pay, o Petition for registration of Articles of
rein statement due to illegal dismissal under Incorporation with the Securities and
the Labor Code; Memorandum of appeal Exchange Commission; 
from decision of Labor Arbiter to NLRC;  o Complaint for Damages with TRO and
o Complaint with prayer for TRO and preliminary mandatory injunction arising
preliminary injunction before the from Defamation and Libelous
Department of Agrarian Reform publications; 
Adjudication Board;  o Petition for reversion of private land to the
o Petition for Intestacy and for Distribution pub c domain, covered by a fake or
of es tate of the deceased;  fraudulent certificate of title
o Petition for registration of imperfect title o Complaint for annulment of
under Act 496;  title with TRO and damages;

 In all of the foregoing initiatory pleadings, a certification on non-forum shopping is

required to be embodied in the body of the complaint/petition itself, or in a separate page.
 Failure to comply will cause the outright dismissal of the initiatory pleading.