Trial Memoranda

The judge might order the parties to prepare and file a written trial memorandum.

The purpose of a trial memorandum is to assist the court at trial. Among other things, a
trial memo might include:

 An outline of the important facts and how those facts support your claims
 A list of the claims for relief you included in your pleadings and the damages being
sought for each claim
 A list of defenses
 A list of exhibits
 A list of witnesses
 A statement of the issues of law that need to be addressed at trial
Read any order from the court carefully to see whether it requires you to submit a trial
memorandum and what that memo must address.

"A trial brief is not a sketch of the case but a complete and comprehensive narrative of the pleadings, the
admissions and denials, the issues of fact, issues of law, your expected proof in logical order, and your theory
of the law of the case with citations of the authorities and short expositions of the applicable cases. Legal
propositions should be stated in a simple, positive, and direct manner, and citations of authority used in
support of the propositions should be few and on point. The trial memorandum is meant to convince the
court that the picture of the case painted in it is the true and correct one, and this image is seriously
damaged, if not destroyed, when the judge takes the trouble to read a cited authority and finds that it does
not support the legal proposition for which it has been cited. " 7B Carmody-Wait 2d § 46:10 

ADMINISTRATIVE CIRCULAR NO. 28

TO: ALL JUSTICES OF THE SANDIGANBAYAN, JUDGES OF THE REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL
COURTS
RE: SUBMISSION OF MEMORANDA.
In the interest of the speedy disposition of cases and to enable the courts to better control the
progress of cases, the Supreme Court has adopted the following rules governing the submission
of memoranda for purposes of deciding cases:chanrobles virtual law library
[1] As a general rule, the submission of memoranda is not mandatory or required as a matter
of course but shall be left to the sound discretion of the Court. A memorandum may not be
filed unless required or allowed by the Court.
[2] The Court may require or allow the parties to submit their respective memoranda including
citation of authorities within a definite date from submission of the case for decision but not
exceeding thirty (30) days therefrom. This shall cover the filing of simultaneous memoranda or
a memorandum in chief and a reply memorandum of the adverse party, in the discretion of the
Court but in no case may its filing exceed thirty (30) days from submission of the case for
decision.cralaw
[3] A case is considered submitted for decision upon the admission of the evidence of the
parties at the termination of the trial. The ninety (90) day period for deciding the case shall
commence to run from submission of the case for decision without memoranda; in case the
Court requires or allows its filing, the case shall be considered submitted for decision upon the
filing of the last memorandum or the expiration of the period to do so, whichever is earlier.
Lack of transcript of stenographic notes shall not be a valid reason to interrupt or suspend the
period for deciding the case unless the case was previously heard by another judge not the
deciding judge in which case the latter shall have the full period of ninety (90) days for the
completion of the transcripts within which to decide the same.cralaw
[4] The Court may grant extension of time to file memoranda, but the ninety (90) day period for
deciding the case shall not be interrupted thereby.cralaw
[5] The foregoing rules shall not apply to Special Criminal Courts under Circular No. 20 dated
August 7, 1987, and to cases covered by the Rules on Summary Procedure in which memoranda
are prohibited.cralaw
[6] This Administrative Circular shall take effect immediately.

Manila, Philippines.

July 3, 1989.

RULE 30

Trial

Section 5. Order of trial. — Subject to the provisions of section 2 of Rule 31, and unless the court for
special reasons otherwise directs, the trial shall be limited to the issues stated in the pre-trial order
and shall proceed as follows:

(a) The plaintiff shall adduce evidence in support of his complaint;

(b) The defendant shall then adduce evidence in support of his defense, counterclaim, cross-
claim and third-party complaints;

(c) The third-party defendant if any, shall adduce evidence of his defense, counterclaim,
cross-claim and fourth-party complaint;

(d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded
by them;

(e) The parties against whom any counterclaim or cross-claim has been pleaded, shall
adduce evidence in support of their defense, in the order to be prescribed by the court;
 (f) The parties may then respectively adduce rebutting evidence only, unless the court, for
good reasons and in the furtherance of justice, permits them to adduce evidence upon their
original case; and

(g) Upon admission of the evidence, the case shall be deemed submitted for decision,
unless the court directs the parties to argue or to submit their respective memoranda
or any further pleadings.

RULE 40

Appeal From Municipal Trial Courts to the Regional Trial Courts

Section 7. Procedure in the Regional Trial Court. —

(a) Upon receipt of the complete record or the record on appeal, the clerk of court of the
Regional Trial Court shall notify the parties of such fact.

(b) Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a
memorandum which shall briefly discuss the errors imputed to the lower court, a copy of
which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of
the appellant's memorandum, the appellee may file his memorandum. Failure of the
appellant to file a memorandum shall be a ground for dismissal of the appeal.

(c) Upon the filing of the memorandum of the appellee, or the expiration of the period to do
so, the case shall be considered submitted for decision. The Regional Trial Court shall
decide the case on the basis of the entire record of the proceedings had in the court of
original and such memoranda as are filed. (n)

RULE 42

Petition for Review From the Regional Trial Courts to the Court of Appeals

Section 9. Submission for decision. — If the petition is given due course, the Court of Appeals may
set the case for oral argument or require the parties to submit memoranda within a period of fifteen
(15) days from notice. The case shall be deemed submitted for decision upon the filing of the last
pleading or memorandum required by these Rules or by the court itself. (n)

RULE 43

Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals

Section 13. Submission for decision. — If the petition is given due course, the Court of Appeals may
set the case for oral argument or require the parties to submit memoranda within a period of fifteen
(15) days from notice. The case shall be deemed submitted for decision upon the filing of the last
pleading or memorandum required by these Rules or by the court of Appeals. (n)

RULE 44

Ordinary Appealed Cases

Section 10. Time of filing memoranda in special cases. — In certiorari, prohibition, mandamus, quo

warranto and habeas corpus cases, the parties shall file in lieu of briefs, their respective memoranda
within a non-extendible period of thirty (30) days from receipt of the notice issued by the clerk that all
the evidence, oral and documentary, is already attached to the record. (13a, R46)

The failure of the appellant to file his memorandum within the period therefor may be a ground for
dismissal of the appeal. (n)

RULE 45

Appeal by Certiorari to the Supreme Court

Section 7. Pleadings and documents that may be required; sanctions. — For purposes of

determining whether the petition should be dismissed or denied pursuant to section 5 of this Rule, or
where the petition is given due course under section 8 hereof, the Supreme Court may require or
allow the filing of such pleadings, briefs, memoranda or documents as it may deem
necessary within such periods and under such conditions as it may consider appropriate,
and impose the corresponding sanctions in case of non-filing or unauthorized filing of such
pleadings and documents or non-compliance with the conditions therefor. (n)

RULE 50

Dismissal of Appeal

Section 1. Grounds for dismissal of appeal. — An appeal may be dismissed by the Court of
Appeals, on its own motion or on that of the appellee, on the following grounds:

(a) Failure of the record on appeal to show on its face that the appeal was taken within the
period fixed by these Rules;

(b) Failure to file the notice of appeal or the record on appeal within the period prescribed by
these Rules;

(c) Failure of the appellant to pay the docket and other lawful fees as provided in section 5,
Rule 40 and section 4 of Rule 41; (Bar Matter No. 803, 17 February 1998)
 (d) Unauthorized alterations, omissions or additions in the approved record on appeal as
provided in section 4 of Rule 44;

(e) Failure of the appellant to serve and file the required number of copies of his brief or
memorandum within the time provided by these Rules;

(f) Absence of specific assignment of errors in the appellant's brief, or of page references to
the record as required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44;

(g) Failure of the appellant to take the necessary steps for the correction or completion of the
record within the time limited by the court in its order;

(h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to
comply with orders, circulars, or directives of the court without justifiable cause; and

(i) The fact that the order or judgment appealed from is not appealable. (1a)

Rule 70

Section 13. Prohibited pleadings and motions. — The following petitions, motions, or pleadings shall
not be allowed:

1. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the
subject matter, or failure to comply with section 12;

2. Motion for a bill of particulars;

3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;

4. Petition for relief from judgment;

5. Motion for extension of time to file pleadings, affidavits or any other paper;

6. Memoranda;

7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by

the court;

8. Motion to declare the defendant in default;

9. Dilatory motions for postponement;

10. Reply;

11. Third-party complaints;

12. Interventions. (19a, RSP)

Rule 18 sec 10

Rule 30 sec 1 (c)

Sec 5 (g)