TRIAL

(RULE 30)
(A) OBSERVANCE OF THE SCHEDULED HEARING
DATES

 The parties shall strictly observe the scheduled

hearings as agreed upon and set forth in the pre-
trial order
(B) SCHEDULE OF TRIAL
 Shall be continuous and within the following
periods:
(1) The initial presentation of plaintiff’s evidence
shall not be later than thirty (30) calendar
days after termination of pre-trial conference
- after the termination of the court-annexed
mediation, which is mandatory
- plaintiff has three (3) months or ninety (90)
days to complete presentation of evidence,
which shall include the 15-day JDR
(2) The initial presentation of defendant’s
evidence shall be set not later than thirty (30
calendar days after the court’s ruling on
plaintiff’s formal offer of evidence.
- the defendant has similar period of three (3)
months or ninety (90) days to complete

(3) For third (fourth, etc.)-party claim,

counterclaim, or cross-claim shall be
determined by the court, but the total shall
not exceed ninety (90) calendar days
(4) Rebuttal evidence, if necessary, shall be set by
the court which shall be completed within thirty
(30) calendar days

(5) The trial dates may be shortened depending on

the number of witnesses, provided that the
presentation of evidence of all parties shall be
terminated within ten (10) months or three
hundred (300) calendar days
- if there are no third (fourth, etc.)-party claim,
counterclaim, or cross-claim within six (6)
months or one hundred eighty (180) calendar
days
(6) Decision shall be rendered and served upon
the parties within a period not exceeding
ninety (90) calendar days from submission of
the case for resolution, with or without
memoranda
(C) FORMS OF TESTIMONIAL EVIDENCE ALLOWED
DURING TRIAL

 The direct testimony of a witness for the plaintiff

shall be in the form of judicial affidavit.

 After the identification of such affidavit, cross-

examination shall proceed immediately.
(D) POSTPONEMENT OF DATES OF PRESENTATION OF
EVIDENCE

GENERAL RULE:
 Postponement of presentation of a witness at the
scheduled date is prohibited
EXCEPTIONS:
(1) acts of God
(2) force majeure
(3) duly substantiated physical inability of the
witness to appear and testify
NOTES:
 The party who caused the postponement is
warned that the presentation of its evidence must
still be terminated within the remaining dates
previously agreed upon
 Should the opposing party fail to appear without
valid cause stated above, the presentation of the
scheduled witness will proceed with the absent
party being deemed to have waived the right to
interpose objection and conduct cross-
examination
(E) REQUISITES FOR POSTPONEMENT OF TRIAL FOR
ILLNESS OF PARTY OR COUNSEL

 Postponement may be allowed, if it appears upon

affidavit or sworn certification that:
(a) the presence of such party or counsel is
indispensable; and that
(b) the character of the illness is such as to
render his/her non-attendance excusable
(F) ADJOURNMENTS AND POSTPONEMENTS

GENERAL RULE:

 Adjournment of trial for a longer period than one

(1) month for each adjournment or more than
three (3) months in all, is prohibited.
EXCEPTION:

 When authorized in writing by the court

administrator of the Supreme Court.
(G) ORDER OF TRIAL
(1) Plaintiff in support of the complaint
(2) Defendant in support of the defense,
counterclaim, cross-claim, and third-party
complaint
(3) The third-party defendant, if any, in support of
the defense, counterclaim, cross-claim and
fourth-party complaint
(4) The fourth-party, and so forth in support of
material facts pleaded by them
(5) The party against whom any counterclaim or
cross-claim has been pleaded, in support of
his/her defense, in the order to be prescribed by
the court
(6) The parties may then respectively adduce
rebutting evidence, unless the court, for good
reasons and in the furtherance of justice, permits
them to adduce evidence upon their original
case; and
(7) 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 other pleadings.
(H) MANNER OF FORMAL OFFER OF EXHIBITS

 The offer of evidence, the comment or objection

thereto, and the court ruling shall be made orally
in accordance with Section 34 to 40 of Rule 132.
(I) AGREED STATEMENT OF FACTS

 The parties to any action may agree, in writing,

upon the facts in the litigation, and submit the
case for judgment on the facts agreed upon,
without introduction of evidence, unless
agreement is only partial

 This can be done during the pre-trial conference

(J) RECEPTION OF EVIDENCE

GENERAL RULE:

 Judge shall personally receive the evidence

EXCEPTIONS:
 It may be delegated to the Clerk of Court who
must be a member of the BAR, under any of the
following instances:
(1) default hearings
(2) ex parte hearing
(3) where the parties agree in writing
(K) LIMITATION OF THE AUTHORITY OF THE CLERK
OF COURT

 No power to rule on objections to any question or

to the admission of exhibits, which shall be
resolved by the judge upon submission of the
report and the transcripts within ten (10)
calendar days from termination of hearing.