Group 4

April 8
1. Molina, Cyrine Cazandra C.
• Rule 18 - Pre-Trial
• Rule 19 - Intervention
• Rule 20 - Calendar of Cases

2. Sembrano, Aldwin D.
• Rule 21 – Subpoena
• Rule 22 – Computation of Time
• Rule 23 – Depositions Pending Action
April 15
3. Cabrera, Angelynne Huxley M.
• Rule 23 - Depositions Pending Action
• Rule 24 – Depositions Before Action or Pending Appeal

4. Sicangco-Vega, Emmy Lou SF

• Rule 25 – Interrogatories to Parties
• Rule 26 – Admission by Adverse Party
• Rule 27 – Production or Inspections of Documents or Things
• Rule 28 – Physical and Mental Examination of Persons
• Rule 29 – Refusal to Comply with Modes of Discovery
References:
• 2019 Amended Rules of Court
• Civil Procedure by Riano
• Civil Procedure by Regalado
• Remedial Law by Herrera
• Pertinent Issuances of SC
• Pertinent Jurisprudence
Rule 18 - Pre-Trial
Concept of Pre-Trial
Pre-trial is a procedural device by which the court is called
upon, after the filing of the last pleading, to compel the parties
and their lawyers to appear before it, and negotiate an
amicable settlement or otherwise make a formal settlement
and embody in a single document the issues of fact and law
involved in the action, and such other matters as may aid in
the prompt disposition in the action, such as the number of
witnesses the parties intend to present, tenor or character of
their testimonies, documentary evidence, nature and purpose
of each of them, and number of trial dates that each will need
to put on his case. [1 Herrera 1074, 2007 Ed.]
Nature and Purpose

Pre-trial is mandatory and should be

terminated promptly. [Sec. 2, Rule 18]
Purpose of pre-trial is to consider
1. Possibility of an amicable settlement or of a submission
to alternative modes of dispute resolution;
2. Simplification of the issues
3. Possibility of obtaining stipulations or admissions of facts
and of documents to avoid unnecessary proof
4. Limitation of the number and identification of witnesses
and the setting of trial dates
5. Advisability of a preliminary reference of issues to a
commissioner
6. Propriety of rendering judgment on the pleadings, or
summary judgment, or of dismissing the action should a
valid ground therefore be found to exist
7. The requirement for the parties to:
a. Mark their evidence if not yet marked in the
judicial affidavits of their witnesses,
Note: The Judicial Affidavit Rule requires that documentary or object evidence
must be marked and attached to the judicial affidavits, with such evidence
being marked as Exhibit A, B, C for the plaintiff, and Exhibit 1, 2, 3 for the
defendant. [Sec. 2(a)(2), AM No. 12-8-8-SC]
b. Examine and make comparisons of the
adverse parties’ evidence vis-a-vis the copies to be
marked,
 c. Manifest for the record, stipulations regarding
the faithfulness of the reproductions and the genuineness
and due execution of the adverse parties’ evidence,
d. Reserve evidence not available at the pre-
trial, but only in the following manner, or else it shall not be
allowed
• Testimonial evidence: by giving the
name or position and the nature of the proposed witness
• Documentary/Object evidence: by
giving a particular description of the evidence
8. Such other matters as may aid in the prompt
disposition of the action
Failure without just cause of a party and counsel to appear
during pre-trial, despite notice, shall result in a waiver of
any objections to the faithfulness of the reproductions
marked, or their genuineness and due execution
Failure without just cause to bring the evidence required
shall be deemed a waiver of the presentation of such
evidence. [Sec. 2, Rule 18]
Note: Both waivers mentioned above are based on lack of
just cause either to appear during pre-trial or to bring the
evidence required.
When pre-trial conducted
The notice of pre-trial shall set pre-trial to be conducted not later than
60 calendar days from the filing of the last responsive pleading. [Sec.
1, Rule 18]

Contents of Notice of Pre-Trial

The notice of pre-trial shall include the dates set for:
a. Pre-trial;
b. Court-Annexed Mediation (CAM); and
c. Judicial Dispute Resolution (JDR), if necessary [Sec. 3,
Rule 18]
Service of Notice of Pre-Trial

The notice of pre-trial shall be served on counsel, or on the

party if he or she has no counsel [Sec. 3, Rule 18]
Notice of Pre-Trial
After the last responsive pleading has been served and filed, the
branch clerk of court shall issue a notice of pre-trial within 5 calendar
days from filing. [Sec. 1, Rule 18]

Note: There is no longer a need for the plaintiff to move ex parte for the
case to be set for pre- trial. It is now directly vested with the clerk of
court.
The “last pleading” need not be literally construed as the actual filing of
the last pleading. For the purpose of pre-trial, the expiration of the
period for filing the last pleading is sufficient. [Sarmiento v. Juan, G.R.
No. L-56605 (1983)]
 Relevant
Dates

Pre-Trial
Brief

Non-
Appearance

Representatives
Reservation
of Evidence
Pre-Trial Brief
When to file and serve pre-trial brief

The parties shall file with the court and serve on the
adverse party to ensure receipt at least 3 calendar days
before the date of pre-trial their pre-trial briefs. [Sec. 6,
Rule 18]
Contents of pre-trial brief:
a. A concise statement of the case and the reliefs prayed for;
b. A summary of admitted facts and proposed stipulation of
facts;
c. The main factual and legal issues to be tried or resolved;
d. The propriety of referral of factual issues to
commissioners;
e. The documents or other object evidence to be marked,
stating the purpose thereof;
f. The names of the witnesses, and the summary of their
respective testimonies; and
g. A brief statement of points of law and citation of
authorities. [Sec. 6, Rule 18]
 Concise
Statement
of Case

Summary of
Facts and
Stipulations

Factual and
Legal Issues
Documents
and other
object
evidence

Witnesses
and nature
of
testimonies
 Law and
Jurispru-
dence

Discovery

Trial dates

Relief
Sought
Effect of failure to file pre-trial brief
Failure to file the pre-trial brief shall have the same effect
as failure to appear at the pre-trial. [Sec. 6, Rule 18]

What is the remedy of the defendant?

‣ The remedy of the defendant is to file a motion for reconsideration

showing that his failure to file a pre-trial brief was due to fraud,
accident, mistake or excusable neglect. The motion need not really
stress the fact that the defendant has a valid and meritorious defense
because his answer which contains his defense is already on record.
(Saguid v. Court of Appeals, G.R. No. 150611, June 10, 2003)
Pre-Trial Order

When is a Pre-trial order Issued

The court shall issue and order within 10 calendar days

from termination of pre-trial. [Sec. 7, Rule 18]
Contents of a pre-trial order

a. An enumeration of the admitted facts;

b. The minutes of the pre-trial conference prepared by
the branch clerk of court [Sec. 2, Rule 18];
c. The legal and factual issued to be tried;
d. The applicable law, rules, and jurisprudence;
e. The evidence marked;
f. The specific trial dates for continuous trial, which shall
be within the period provided by the rules;
g. The case flowchart to be determined by the court
● Contains the different stages of the proceedings up to the
promulgation of the decision and the use of time frames for each
stage in setting the trial dates.
 h. A statement that the one-day examination of witness rule
and most important witness rule shall be strictly followed; and
● One day examination of witness rule The One-Day
Examination of Witness Rule, that is, a witness has to be fully
examined in one (1) day only, shall be strictly adhered to subject to the
courts' discretion during trial on whether or not to extend the direct
and/or cross- examination for justifiable reasons [Item I-A-5-i, A.M. No.
03-1-09-SC]
● Most important witness rule The court shall determine the
most important witnesses to be heard and limit the number of
witnesses (Most Important Witness Rule) [Item I-A-5-j, AM No. 03-1-09-
SC]
The court shall require the parties and/or counsel to submit to the
Branch COC the names, addresses and contact numbers of the
witnesses to be summoned by subpoena [Item I-A-5-l, AM No. 03-1-09-
SC]
 i. A statement that the court shall render judgment
on the pleadings or summary judgment, as the case may
be. [Sec. 7, Rule 18]
Appearance of Parties
It shall be the duty of the parties and their counsel to
appear at:
a. Pre-trial,
b. Court-annexed mediation, and
c. Judicial dispute resolution, if necessary. [Sec. 4,
Rule 18]
Note: Both parties and their counsel are required to attend.
Appearance of either only the party or his counsel counts
as non- appearance, unless:
Excused non-appearance
Appearance of a party and counsel may only be excused
for:
a. Acts of god,
b. Force majeure, or
c. Duly substantiated physical inability. [Sec. 4, Rule
18]
Appearance by Representative

The written authorization must be in the form of a special

power of attorney as authority to enter into amicable
settlement must be in such form [Sec. 23, Rule 138; Art.
1878(3), Civil Code]
Appearance by Representative

A representative may appear on behalf of a party, but must

be fully authorized in writing to:
a. Enter into an amicable settlement,
b. To submit to alternative modes of dispute
resolution, and
c. To enter into stipulations or admissions of facts
and documents. [Sec. 4, Rule 18]
Note: It is not sufficient for the representative to be given the power to enter
into one or two of the matters enumerated. An incomplete authority does not
satisfy the requirement of the Rules and should be deemed the equivalent of
having no authority at all. [1 Riano 429, 2016 Bantam Ed.]
Effect of failure to appear

• When duly notified, the failure of the plaintiff and

counsel to appear without valid cause when so required,
pursuant to the next preceding section, shall cause the
dismissal of the action. The dismissal shall be with
prejudice, unless otherwise ordered by the court. A
similar failure on the part of the defendant and
counsel shall be cause to allow the plaintiff to present
his or her evidence ex-parte within ten (10) calendar
days from termination of the pre-trial. and the court to
render judgment on the basis of the evidence
offered. (Sec 5, Rule 18)
Effect of failure to appear

Plaintiff and Counsel Defendant and Counsel

Effect The action shall be The plaintiff shall be

dismissed with allowed to present
prejudice, unless evidence ex parte within
otherwise ordered by the 10 calendar days from
court. termination of pre-trial
and judgment shall be
rendered based on the
evidence offered.
Remedy Motion for Motion for
reconsideration, then reconsideration, and if
appeal the denial is tainted with
grave abuse of
discretion, a petition for
certiorari
Use of Judicial Affidavits
The direct testimony of witnesses for the plaintiff shall
be in the form of judicial affidavits. However, even
witnesses for the defendant are required to submit judicial
affidavits, which likewise take the place of their direct
testimony. [AM No. 12-8-8-SC, Sec. 2(a)(1)]

After identification of such affidavits, cross-examination

shall proceed immediately. [Sec. 7, Rule 18]
Postponement of presentation of
witnesses
General Rule: Postponement of presentation of the parties’
witnesses at a scheduled date is prohibited.
Exception: A motion for postponement for presentation of
witnesses is allowed if the postponement is based on:
a. Acts of God,
b. Force majeure, or
c. Duly substantiated inability of the witness to
appear and testify.
Note: The party causing the postponement must still finish
his presentation of evidence within the remaining dates
previously agreed upon. [Sec. 7, Rule 18 in relation to Sec.
2, Rule 30]
Conduct of pre-trial

The judge shall be the one to ask questions on issues

raised by the parties, and all questions or comments by
counsel or parties must be directed to the judge to avoid
hostilities between the parties. [A.M. No. 03-1-09-SC
(2004)]
Court-Annexed Mediation (CAM)
After pre-trial and after the issues are joined, the court shall
refer the parties for mandatory CAM.

Period: Not exceeding 30 calendar days without extension.

[Sec. 8, Rule 18]

Note: A.M. 11-1-6-SC-PHILJA insofar as it provides that an

extended period of another 30 days may be granted by the
court upon motion by the mediator and with the conformity
of the parties shall no longer apply.
Effect of failure of mediation

a. Proceed with trial; or

b. If the judge is convinced that settlement is
possible, referral to another court to proceed with JDR.
Judicial Dispute Resolution (JDR)

Period: Non-extendible period of 15 calendar days from

notice of failure of CAM. Note that the period to conduct
JDR is included in the period for the presentation of
plaintiff’s evidence. [Sec. 1[a][i], Rule 30]
Effect of failure: Trial before the original court shall
proceed on the dates agreed upon.
[Sec. 9, Rule 18]
Note: JDR is no longer mandatory as provided for under
A.M. 11-1-6-SC-PHILJA due to the Amended Rules. The
aforementioned A.M. also provides for a 30-day JDR for
first level courts, a 60-day JDR for second level courts, and
discretion on the part of the JDR judge to order a longer
period of JDR. Such provisions are now repealed due to
the Amended Rules providing for a non-extendible shorter
period of 15 calendar days for JDR.
Confidentiality
All proceedings during CAM and JDR shall be
confidential. [Sec. 9, Rule 18]
Effect of non-appearance at CAM or JDR
Note: Non-appearance at CAM or JDR, if necessary, shall
be deemed as non-appearance at pre-trial. [Sec. 3, Rule
18]
Therefore, the following sanctions are meted out to non-
appearing parties at CAM or JDR:
1. Waiver of any objections to the faithfulness of the
reproductions marked, or their genuineness and due
execution, [Sec. 2, Rule 18]
2. If plaintiff and counsel fail to appear
● The action will be dismissed with prejudice unless
otherwise ordered by the court
If defendant and counsel fail to appear
● The plaintiff shall be allowed to present evidence
ex parte within 10 calendar days from termination of pre-
trial, and judgment shall be rendered based on the
evidence offered. [Sec. 5, Rule 18
Cases not be referred to
• CAM or JDR
Section 4, Chapter 1, of A.M. No. 19-10-20-SC, provides that the following
cases shall not be referred to CAM and JDR:
a.) civil cases which cannot be the subject of a compromise, to wit:
– 1. The civil status of persons;
– 2. The validity of a marriage or a legal separation;
– 3. Any ground for legal separation;
– 4. Future support;
– 5. The jurisdiction of courts; and
– 6. Future legitime
b) habeas corpus petitions:
c) special proceedings cases for probate of a will; and
d) cases with pending applications for restraining orders or preliminary
injunctions.
In cases covered under paragraphs (a) and (d) where the parties inform_the
court that they have agreed to undergo mediation. on some aspects
thereof, e.g., custody of minor children, separation of property,
or support pendente lite, the Court shall refer them to mediation.
Motu proprio order for summary judgment or
judgment on the pleadings
The court may motu proprio include in the pre- trial order that the case
be submitted for summary judgment or judgment on the pleadings
without need of position papers or memoranda, and without prejudice
to a party moving for either judgment on the pleadings or summary
judgment when:
a. There be no more controverted facts,
b. No more genuine issue as to any material fact,
c. There be an absence of any issue, or
d. Should the answer fail to tender an issue.
• In such cases, judgment shall be rendered within ninety (90)
calendar days from termination of the pre-trial

The order of the court to submit the case for judgment pursuant to this
Rule shall not be the subject to appeal or certiorari. [Sec. 10, Rule 18]
 Pre-Trial

Last Filing of Court- Judgment

Notice of Pre-Trial Pre-Trial Judicial
Responsive Pre-Trial Annexed after
Pleading Pre-Trial Conference Order Dispute
Brief Mediation Resolution Pre-Trial

If Plaintiff
and
Dismissal
Counsel
of Action
failed to
appear

Ex parte
If Defendant
presentation
and Counsel
failed to of evidence
appear of the
Plaintiff
 Pre-Trial in Civil Cases vs. Pre-Trial in
Criminal Cases
Pre-trial in a Civil Case Pre-trial in a Criminal Case
[Rule 18] [Rule 118]
As to when conducted Not later than 60 calendar After arraignment and within
days from the filing of the last30 days from the date the
responsive pleading. [Sec. 1] court acquires jurisdiction over
the person of the accused
Exception: If special laws and
circulars provide for a shorter
period [Sec. 1]
As to need of motion There is no longer a need for Ordered by the court and no
the plaintiff to move ex parte motion is required from either
to set the case for pretrial. party [Sec. 1
Under the Amended Rules,
the clerk of court should issue
the notice of pre-trial within 5
calendar days from filing of
the last responsive pleading.
[Sec. 1]
As to whether or not Mandatory [Sec. 2] Mandatory [Sec. 1]
mandatory
As to effect of failure to Of the plaintiff – the case
appear shall be dismissed with
prejudice, unless the court
orders
Of the defendant – the
plaintiff shall be allowed to
present evidence ex parte,
and judgment shall be
rendered based thereon
[Sec. 5, Rule 18
As to possibility of an The court shall consider this )] Not in the enumeration to
amicable settlement matter [Sec. 2(a)] be considered. [Sec. 1]
As to requirement of A pre-trial brief is specifically
Pre-Trial Brief required to be submitted
[Sec. 6]
As to agreements of The pre-trial order shall
admissions made include an enumeration of
the admitted facts and
proposed stipulation of facts.
[Sec. 7(a)]
] If the counsel for the
accused or the prosecutor
does not appear at the pre-
trial conference and does not
offer an acceptable excuse
for his lack of cooperation,
the court may impose proper
sanctions or penalties. [Sec.
3]
A pre-trial brief is not
required under Rule 118.
Shall be reduced in writing
and signed by the accused
and counsel, otherwise, they
cannot be used against the
accused. [Sec. 2]
Rule 19 - Intervention
Intervention is a remedy by which a third party not
originally impleaded in the proceedings, becomes
a litigant therein to enable him, her, or it to protect
or preserve a right or interest which may be
affected by such proceedings. (Asia’s Emerging
Dragon Corporation v. Department of
Transportation and Communications, G.R. Nos.
169914 and 174166, March 24, 2008, 549 SCRA
44, 49)
Purpose of Intervention
Its purpose is to afford one not an original party,
yet having a certain right/interest in the pending
case, the opportunity to appear and be joined
so he could assert or protect such right/interest
[Cariño v. Ofilada, G.R. No. 102836 (1993)]
Who may intervene
A person who has:
i. a legal interest in the matter in litigation;
ii. a legal interest in the success of either of
the parties;
iii. An interest against both; or
iv. 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 (Sec 1, Rule 19)
Time to Intervene
The motion to intervene may be filed at any time before
rendition of judgment by the trial court. [Sec. 2, Rule 19]

How effected
a. By filing a motion to intervene,
b. Attaching a copy of the pleading-in- intervention,
and
c. Serving the motion and pleading-in-intervention
on the original parties [Sec. 2, Rule 19]
cont…

Pleadings-in-intervention
a. Complaint-in-intervention – If intervenor asserts
a claim against either or all of the original parties
b. Answer-in-intervention – If intervenor unites with
the defending party in resisting a claim against the latter
[Sec. 3, Rule 19]
Answer to complaint-in-intervention - It shall be filed
within 15 calendar days from notice of the order admitting
the complaint- in-intervention, unless a different period is
fixed by the court [Sec. 4, Rule 19]
Remedies
If Denied
Appeal [1 Regalado 324, 2010
Ed., citing Ortiz v. Trent, G.R. No.
5099 (1909) and Hospicio de San
Jose v. Piccio, G.R. No. L-8540
(1956)]
If Granted
An improper granting of a motion
for intervention may be controlled
by certiorari and prohibition. [1
Regalado 324, 2010 Ed., citing
Pflieder v. De Britanica, G.R. No. L-
19077 (1964)]

If there is grave abuse of

discretion and there is no other
plain, speedy and adequate
remedy, mandamus. [1 Regalado
324, 2010 Ed., citing Dizon v.
Romero, G.R. No. L26252 (1968)
and Macias v. Cruz, G.R. No. L-
28947 (1973)]
Rule 20 – Calendar of Cases
The clerk of court, under the direct supervision of the judge,
shall keep a calendar of cases for:
1. Pre-trial;
2. Trial;
3. Those whose trials were adjourned or postponed;
and
4. Those with motions to set for hearing [see Sec. 1,
Rule 20]
Preferred Cases
Preference shall be given to:
1. Habeas corpus cases;
2. Election cases;
3. Special civil actions; and
4. Others required by law [see Sec. 1, Rule
20]
Assignment of cases to different branches
of a court
1. Done exclusively by raffle
2. Done in open session
3. Adequate notice given so as to afford
interested parties the opportunity to be present
[see Sec. 2, Rule 20]
THANK YOU!