WEEK 10 h) Other similar motions.

These motions shall not be set for hearing and shall

a. Read Rule 15. be resolved by the court within five (5) calendar
days from receipt thereof. (Section 4, Rule 15)
b. What is a motion?
Motion defined. — A motion is an application for f. What is a litigious motion?
relief other than by a pleading. (Section 1, Rule 15) Litigious motions. — (a) Litigious motions include:
1. Motion for bill of particulars;
c. When must a motion be made in 2. Motion to dismiss;
writing? 3. Motion for new trial;
Motions must be in writing. — All motions shall be 4. Motion for reconsideration;
in writing except those made in open court or in the 5. Motion for execution pending appeal;
course of a hearing or trial. 6. Motion to amend after a responsive
A motion made in open court or in the course of a pleading has been filed;
hearing or trial should immediately be resolved in 7. Motion to cancel statutory lien;
open court, after the adverse party is given the 8. Motion for an order to break in or for a writ
opportunity to argue his or her opposition thereto. of demolition;
When a motion is based on facts not appearing on 9. Motion for intervention;
record, the court may hear the matter on affidavits 10. Motion for judgment on the pleadings;
or depositions presented by the respective parties, 11. Motion for summary judgment;
but the court may direct that the matter be heard 12. Demurrer to evidence;
wholly or partly on oral testimony or depositions. 13. Motion to declare defendant in default; and
(Section 2, Rule 15) 14. Other similar motions.
(b) All motions shall be served by personal service,
d. What are the contents of a motion? accredited private courier or registered mail, or
Contents. — A motion shall state the relief sought to electronic means so as to ensure their receipt by the
be obtained and the grounds upon which it is based, other party.
and if required by these Rules or necessary to prove (c) The opposing party shall file his or her
facts alleged therein, shall be accompanied by opposition to a litigious motion within five (5)
supporting affidavits and other papers. (Section 3, calendar days from receipt thereof. No other
Rule 15) submissions shall be considered by the court in the
resolution of the motion.
e. What is a non-litigious motion? The motion shall be resolved by the court within
Non-litigious motions. — Motions which the court fifteen (15) calendar days from its receipt of the
may act upon without prejudicing the rights of opposition thereto, or upon expiration of the period
adverse parties are non-litigious motions. These to file such opposition. (Section 5, Rule 15)
motions include: - A litigious motion is one which the court
a) Motion for the issuance of an alias may not act upon without prejudicing the
summons; rights of the adverse party. Examples of this
b) Motion for extension to file answer; are motions for reconsideration, motions to
c) Motion for postponement; dismiss, motions to declare defendant in
d) Motion for the issuance of a writ of default, motions for execution, motions for
execution; judgment on the pleadings and motions for
e) Motion for the issuance of an alias writ of summary judgment. (G.R. No. 167835 and
execution; G.R. No. 188480)
f) Motion for the issuance of a writ of
possession; g. How is a litigious motion served?
g) Motion for the issuance of an order (b) All motions shall be served by personal service,
directing the sheriff to execute the final accredited private courier or registered mail, or
certificate of sale; and
electronic means so as to ensure their receipt by the hearing of the motion and proof of service
other party. thereof, is nothing but a piece of paper filed
(c) The opposing party shall file his or her with the court. It presents no question
opposition to a litigious motion within five (5) which the court could decide. The court has
calendar days from receipt thereof. No other no right to consider it, and the clerk has no
submissions shall be considered by the court in the right to receive it. It is not, in fact, a motion.
resolution of the motion. (Section 5, Rule 15)
k. When is the motion day?
h. Discuss the process involving Motion day. — Except for motions requiring
resolution of litigious motions. immediate action, where the court decides to
The motion shall be resolved by the court within conduct hearing on a litigious motion, the same
fifteen (15) calendar days from its receipt of the shall be set on a Friday. (Section 8, Rule 15)
opposition thereto, or upon expiration of the period
to file such opposition. (Section 5, Rule 15) l. What is the omnibus-motion rule?
- For litigious motions, the party must file his Omnibus motion. — Subject to the provisions of
or her opposition thereto within 5 calendar Section 1 of Rule 9, a motion attacking a pleading,
days from receipt thereof, otherwise, the order, judgment, or proceeding shall include all
said motions shall be considered submitted objections then available, and all objections not so
for resolution and the court may proceed to included shall be deemed waived. (Section 9, Rule
resolve them within 15 days from expiration 15)
of the period to file the opposition. No other
submission shall be allowed by the court, m. What are the exceptions to the
and it is now discretionary on the court to omnibus-motion rule?
hold a hearing in the resolution of the said - The exceptions to the omnibus motion rule
motions. are found in Section 1 of Rule 9.
- The omnibus motion rule embodied in
i. Should litigious motions be scheduled Section 9, Rule 15, in relation to Section 1,
for hearing? Rule 9, demands that all available
Notice of hearing on litigious motions; objections be included in a party’s motion,
discretionary. — The court may, in the exercise of otherwise, said objections shall be deemed
its discretion, and if deemed necessary for its waived; and, the only grounds the court
resolution, call a hearing on the motion. The notice could take cognizance of, even if not pleaded
of hearing shall be addressed to all parties in said motion are:
concerned, and shall specify the time and date of (a) Lack of jurisdiction over the subject
the hearing. (Section 6, Rule 15) matter;
- The hearing of litigious motion is (b) Existence of another action pending
discretionary on the court and may only be between the same parties for the
called when deemed necessary. same cause; and
- The notice of hearing and the 3-day notice (c) Bar by prior judgment or by statute
are no longer mandatory requirements. of limitations.

j. What is the effect of the absence of n. What is the rule when asking a court
proof of service of a litigious motion? permission to file a pleading?
Proof of service necessary. — No written motion Form. - The Rules applicable to pleadings shall
shall be acted upon by the court without proof of apply to written motions so far as concerns caption,
service thereof, pursuant to Section 5(b) hereof. designation, signature, and other matters of form.
(Section 7, Rule 15) (Section 11, Rule 15)
- A motion that does not comply with the
requirements of the Rules of Court o. What are the prohibited motions?
regarding notice of time and place of Discuss each.
Prohibited motions. — The following motions shall
not be allowed: q. What are the incidents considered
(a) Motion to dismiss except on the following dismissed with prejudice under
grounds: Section 13 of Rule 15?
1) That the court has no jurisdiction over the - The following orders of dismissal are with
subject matter of the claim; prejudice and shall bar the refilling of the
2) That there is another action pending same action or claim:
between the same parties for the same (1) Granting a motion to dismiss; and
cause; and (2) Granting an affirmative defense
3) That the cause of action is barred by a prior (a) That the cause of action is barred by
judgment or by the statute of limitations; a prior judgment, or by the statute of
(b) Motion to hear affirmative defenses; limitations; or
(c) Motion for reconsideration of the court's action (b) That the claim or demand set forth
on the affirmative defenses; in the plaintiff’s pleading has been
(d) Motion to suspend proceedings without a paid, waived, abandoned or
temporary restraining order or injunction issued by otherwise extinguished; or
a higher court; (c) That the claim on which the action is
(e) Motion for extension of time to file pleadings, founded is unenforceable under the
affidavits or any other papers, except a motion for provisions of the statute of frauds.
extension to file an answer as provided by Section - The party against whom the order is issued
11, Rule 11; and may, however, appeal the order of dismissal
(f) Motion for postponement intended for delay,
except if it is based on acts of God, force majeure or r. Read Rule 17.
physical inability of the witness to appear and
testify. If the motion is granted based on such s. What is a notice of dismissal?
exceptions, the moving party shall be warned that
the presentation of its evidence must still be
terminated on the dates previously agreed upon. t. Who files and when is a notice of
A motion for postponement, whether written or dismissal filed?
oral, shall, at all times, be accompanied by the Dismissal upon notice by plaintiff. — A complaint
original official receipt from the office of the clerk may be dismissed by the plaintiff by filing a notice
of court evidencing payment of the postponement of dismissal at any time before service of the answer
fee under Section 21(b), Rule 141, to be submitted or of a motion for summary judgment. Upon such
either at the time of the filing of said motion or not notice being filed, the court shall issue an order
later than the next hearing date. The clerk of court confirming the dismissal. Unless otherwise stated
shall not accept the motion unless accompanied by in the notice, the dismissal is without prejudice,
the original receipt. (Section 12, Rule 15) except that a notice operates as an adjudication
upon the merits when filed by a plaintiff who has
p. What is dismissal with prejudice? once dismissed in a competent court an action
Dismissal with prejudice. — Subject to the right of based on or including the same claim. (Section 1,
appeal, an order granting a motion to dismiss or an Rule 17)
affirmative defense that the cause of action is - The dismissal of the action may be
barred by a prior judgment or by the statute of accomplished by a mere notice of dismissal
limitations; that the claim or demand set forth in by the plaintiff and not a motion subject to
the plaintiffs pleading has been paid, waived, the approval of the court.
abandoned or otherwise extinguished; or that the - The trial court has no choice but to consider
claim on which the action is founded is the complaint as dismissed since the
unenforceable under the provisions of the statute of plaintiff may opt for such dismissal as a
frauds, shall bar the refiling of the same action or matter of right, regardless of ground.
claim. (Section 13, Rule 15)
 - It is mandatory that the trial court issue an - When the motion to dismiss filed by the
order confirming such dismissal. plaintiff was consented to by the defendant
on the ground that the latter paid and
u. When is a dismissal upon motion of satisfied all the claims of the former, the
plaintiff allowed? dismissal is with prejudice.
Dismissal upon motion of plaintiff. — Except as - The purpose of this rule is to avoid
provided in the preceding section, a complaint shall vexatious litigation. When a complaint is
not be dismissed at the plaintiffs instance save dismissed a second time, the plaintiff is
upon approval of the court and upon such terms thereafter barred from seeking relief on the
and conditions as the court deems proper. If a same claim.
counterclaim has been pleaded by a defendant prior
to the service upon him or her of the plaintiff's v.1. Discuss Ramon Ching and Powing
motion for dismissal, the dismissal shall be limited Properties, Inc. v. Cheng, G.R. No.
to the complaint. The dismissal shall be without 175507, 08 Oct. 2014.
prejudice to the right of the defendant to prosecute
his or her counterclaim in a separate action unless w. When is the two-dismissal rule not
within fifteen (15) calendar days from notice of the applicable?
motion he or she manifests his or her preference to - Rule 17 of the Rules of Civil Procedure
have his or her counterclaim resolved in the same governs dismissals of actions at the instance
action. Unless otherwise specified in the order, a of the plaintiff. Hence, the "two-dismissal
dismissal under this paragraph shall be without rule" under Rule 17, Section 1 of the Rules of
prejudice. A class suit shall not be dismissed or Civil Procedure will not apply if the prior
compromised without the approval of the court. dismissal was done at the instance of the
(Section 2, Rule 17) defendant.
- The dismissal is limited to the complaint
and is without prejudice to the prosecution x. Should the court immediately grant a
by the defendant of the counterclaim in a motion to dismiss from the plaintiff
separate action unless he manifests his filed after service of an answer?
preference to prosecute in the same action. - Section 2 applies to a motion for dismissal
by the plaintiff after service of the answer, in
v. What is the two-dismissal rule? which case an order of the court is necessary
- Two dismissal rule refers to a rule that a upon such terms and conditions as the court
notice of voluntary dismissal operates as an deems proper.
adjudication on the merits when it is filed by - This dismissal is without prejudice unless
a plaintiff who has already dismissed the otherwise specified in the order of the court.
same claim in another court.
- As a general rule, a dismissal of an action y. What is the effect on a counterclaim
under Section 1 of Rule 17 is without pleaded by a defendant prior to
prejudice, except when it is the second time service upon him of the plaintiff’s
that the plaintiff has caused its dismissal. motion to dismiss?
- For a dismissal to operate as an If a counterclaim has been pleaded by a defendant
adjudication upon the merits, i.e., with prior to the service upon him or her of the plaintiff's
prejudice to the refilling of the same claim, motion for dismissal, the dismissal shall be limited
the following requisites must be present: to the complaint. The dismissal shall be without
(1) There was a previous case that was prejudice to the right of the defendant to prosecute
dismissed by a competent court; his or her counterclaim in a separate action unless
(2) Both cases were based on or within fifteen (15) calendar days from notice of the
included the same claim; and motion he or she manifests his or her preference to
(3) Both notices for dismissal were filed have his or her counterclaim resolved in the same
by the plaintiff. action. (Section 2, Rule 17)
 Dismissal due to fault of plaintiff. — If, for no
z. What are the grounds for dismissal of justifiable cause, the plaintiff fails to appear on the
a complaint under Section 3 of the date of the presentation of his or her evidence in
Rules of Court? chief on the complaint, or to prosecute his or her
(1) The failure of the plaintiff to appear without action for an unreasonable length of time, or to
justifiable cause on the date of the comply with these Rules or any order of the court,
presentation of his evidence in chief on the the complaint may be dismissed upon motion of the
complaint. defendant or upon the court's own motion, without
(2) The failure of the plaintiff to prosecute his prejudice to the right of the defendant to prosecute
action for an unreasonable length of time. his or her counterclaim in the same or in a separate
(3) The failure of the plaintiff to comply with action. This dismissal shall have the effect of an
the Rules of Court or any order of the court. adjudication upon the merits, unless otherwise
- A dismissal based on any of these grounds declared by the court. (Section 3, Rule 17)
has the effect of an adjudication on the
merits.
- Unless otherwise provided, a dismissal
under said rule is considered with prejudice,
which bars the refilling of the case.
- When an order completely disposes of the
case and leaves nothing to be done by the
court, it is a final order properly subject of
an appeal.

aa. What is dismissal for failure to

prosecute?
- The failure of a plaintiff to prosecute the
action without any justifiable cause within a
reasonable period of time will give rise to
the presumption that he is no longer
interested to obtain from the court the relief
prayed for in his complaint; hence, the court
is authorized to order the dismissal of the
complaint on its own motion or on motion
of the defendants.
- To constitute failure to prosecute, his
non-appearance must be equated with
unwillingness to proceed with the trial as
when both plaintiff and counsel made no
appearance at all, or with the assumption
that plaintiff has already lost interest in
prosecuting his action, in the same way that
should the ground for dismissal be delayed,
this delay or failure to proceed must be for
an unreasonable length of time beyond the
reasonable allowance which by judicial
leniency a litigant is normally entitled.

[Link] is dismissal due to plaintiff’s

fault?
WEEK 11 (d) The limitation of the number and
identification of witnesses and the setting of
a. Read Rule 18. trial dates;
(e) The advisability of a preliminary reference
b. When is a pre-trial conducted? of issues to a commissioner;
When conducted. — After the last responsive (f) The propriety of rendering judgment on the
pleading has been served and filed, the branch clerk pleadings, or summary judgment, or of
of court shall issue, within five (5) calendar days dismissing the action should a valid ground
from filing, a notice of pre-trial which shall be set therefor be found to exist;
not later than sixty (60) calendar days from the (g) The requirement for the parties to:
filing of the last responsive pleading. (Section 1, 1) Mark their respective evidence if not
Rule 18) vet marked in the judicial affidavits
of their witnesses;
c. What is considered as “last 2) Examine and make comparisons of
responsive pleading”? the adverse parties' evidence
- Last responsive pleading is the period for vis-a-vis the copies to be marked;
filing the same has expired. 3) Manifest for the record stipulations
- Under the rules of pleading and practice, the regarding the faithfulness of the
answer ordinarily is the last pleading, but reproductions and the genuineness
when defendant’s answers contains a and due execution of the adverse
counterclaim, plaintiff’s answer to it is the parties' evidence;
last responsive pleading.
- When the defendant’s answer has a cross 4) Reserve evidence not available at the
claim, the answer of the cross-defendant to pre-trial, but only in the following
it is the last pleading. manner:
- Where the plaintiff's answer to a 1. For testimonial evidence, by
counterclaim against the opposing party or giving the name or position
a cross-claim against a co-defendant, the and the nature of the
answer of the co-defendant to the testimony of the proposed
cross-claim is the last responsive pleading. witness;
- Where the plaintiff files a reply, that is, 2. For documentary evidence
when the defending party attaches an and other object evidence, by
actionable document to the answer, and giving a particular
where the defendant files a rejoinder, that description of the evidence.
is, when the reply attaches an actionable No reservation shall be allowed if not made
document, under Section 10, Rule 6 of the in the manner described above. (h)
2019 Amendments, such reply or rejoinder (h) Such other matters as may aid in the
constitutes the last responsive pleading. prompt disposition of the action.
The failure without just cause of a party and
d. What is the purpose of pre-trial? counsel to appear during pre-trial, despite notice,
Nature and Purpose. — The pre-trial is mandatory shall result in a waiver of any objections to the
and should be terminated promptly. The court shall faithfulness of the reproductions marked, or their
consider: genuineness and due execution.
(a) The possibility of an amicable settlement or The failure without just cause of a party and/or
of a submission to alternative modes of counsel to bring the evidence required shall be
dispute resolution; deemed a waiver of the presentation of such
(b) The simplification of the issues; evidence.
(c) The possibility of obtaining stipulations or The branch clerk of court shall prepare the minutes
admissions of facts arid of documents to of the pre-trial, which shall have the following
avoid unnecessary proof; format: (See prescribed form) (Section 2, Rule 18)
 - Pre-trial is a procedural device intended to reproductions and the genuineness
clarify and limit the basic issues between the and due execution of the adverse
parties. parties' evidence;
- It paves the way for a less cluttered trial and 4) Reserve evidence not available at the
resolution of the case. pre-trial, but only in the following
- Its main objective is to simplify, abbreviate manner:
and expedite trial or totally dispense with it. 1. For testimonial evidence, by
- A pre-trial hearing is meant to: giving the name or position
● serve as a device to clarify and and the nature of the
narrow down the basic issues testimony of the proposed
between parties; witness;
● ascertain the facts relative to those 2. For documentary evidence
issues; and other object evidence, by
● enable the parties to obtain the giving a particular
fullest possible knowledge of the description of the evidence.
issues and facts before civil trials; No reservation shall be allowed if not made
● prevent that said trials are carried on in the manner described above. (h)
in the dark. (h) Such other matters as may aid in the
- Pre-trial is primarily intended to make prompt disposition of the action. (Section 2,
certain that all issues necessary to the Rule 18)
disposition of a case are properly raised.
f. What is the effect of lack of pre-trial?
e. What are the matters to be considered
during pre-trial?
The court shall consider: g. What is a notice of pre-trial? Who
(a) The possibility of an amicable settlement or must receive such notice?
of a submission to alternative modes of Notice of Pre-trial. — The notice of pre-trial shall
dispute resolution; include the dates respectively set for:
(b) The simplification of the issues; (a) Pre-Trial;
(c) The possibility of obtaining stipulations or (b) Court-Annexed Mediation; and
admissions of facts arid of documents to (c) Judicial Dispute Resolution, if necessary.
avoid unnecessary proof; The notice of pre-trial shall be served on counsel, or
(d) The limitation of the number and on the party who has no counsel. The counsel
identification of witnesses and the setting of served with such notice is charged with the duty of
trial dates; notifying the party represented by him or her.
(e) The advisability of a preliminary reference Non-appearance at any of the foregoing settings
of issues to a commissioner; shall be deemed non-compliance at the Pre-Trial
(f) The propriety of rendering judgment on the and shall merit the same sanctions under Section 5
pleadings, or summary judgment, or of hereof. (Section 3, Rule 18)
dismissing the action should a valid ground
therefor be found to exist; h. Are the parties required to appear
(g) The requirement for the parties to: during pre-trial? Are there any
1) Mark their respective evidence if not exceptions?
vet marked in the judicial affidavits Appearance of Parties. — It shall be the duty of the
of their witnesses; parties and their counsel to appear at the pre-trial,
2) Examine and make comparisons of court-annexed mediation, and judicial dispute
the adverse parties' evidence resolution, if necessary. The non-appearance of a
vis-a-vis the copies to be marked; party and counsel may be excused only for acts of
3) Manifest for the record stipulations God, force majeure, or duly substantiated physical
regarding the faithfulness of the inability.
A representative may appear on behalf of a party, - The failure to attend the pre-trial conference
but shall be fully authorized in writing to enter into does not result in the default of an absent
an amicable settlement to submit to alternative party.
modes of dispute resolution, and to enter into - In certain instances, the non-appearance of
stipulations or admissions of facts and documents. a party may be excused if a valid cause is
(Section 4, Rule 18) shown, which is subject to the sound
discretion of a judge.
i. What is the effect of failure to appear
at pre-trial? i.1. Discuss Philippine Steel Coating
Effect of failure to appear. — When duly notified, Corp. v. Quinones, G.R. No. 194533,
the failure of the plaintiff and counsel to appear 19 April 2017.
without valid cause when so required, pursuant to
the next preceding Section, shall cause the j. What is a pre-trial brief?
dismissal of the action. The dismissal shall be with Pre-trial brief. — The parties shall file with the
prejudice, unless otherwise ordered by the court. A court and serve on the adverse party, in such
similar failure on the part of the defendant and manner as shall ensure their receipt thereof at least
counsel shall be cause to allow he plaintiff to three (3) calendar days before the date of the
present his or her evidence ex-parte within ten (10) pre-trial, their respective pre-trial briefs which shall
calendar days from termination of pre-trial, and the contain, among others:
court to render judgment on the basis of the (a) A concise statement of the case and the
evidence offered. (Section 5, Rule 18) reliefs prayed for;
- The failure of both a party and counsel (b) A summary of admitted facts and proposed
without just cause to appear during stipulation of facts;
pre-trial, despite notice, shall result in: (c) The main factual and legal issues to be tried
(1) A waiver of any objections to the or resolved;
faithfulness of the reproductions (d) The propriety of referral of factual issues to
marked, or their genuineness and commissioners;
due execution. (e) The documents or other object evidence to
(2) Dismissal of the action with be marked, stating the purpose thereof;
prejudice unless otherwise ordered (f) The names of the witnesses, and the
by the court, in case of summary of their respective testimonies;
non-appearance of plaintiff and and
counsel. (g) Brief statement of points of law and citation
(3) Setting the ex parte presentation of of authorities.
plaintiff’s evidence, in case of Failure to file the pre-trial brief shall have the same
non-appearance of defendant and effect as failure to appear at the pre-trial. (Section
counsel; thereafter, the court may 6, Rule 18)
render judgment based on the - A summary of the main purpose of the
evidence presented. pre-trial
- If the plaintiff and/or defendant fails to
appear but the counsel is present, pre-trial k. What are its contents?
may proceed if the counsel is authorized for (a) A concise statement of the case and the
pre-trial purposes. reliefs prayed for;
- The defendant who appears in the absence (b) A summary of admitted facts and proposed
of the plaintiff may be allowed to present stipulation of facts;
evidence on his counterclaim, if any. If the (c) The main factual and legal issues to be tried
defendant fails to appear, the plaintiff may or resolved;
be allowed to present his evidence ex-parte (d) The propriety of referral of factual issues to
and the court shall render judgment based commissioners;
on the evidence presented.
 (e) The documents or other object evidence to Postponement of presentation of the parties'
be marked, stating the purpose thereof; witnesses at a scheduled date is prohibited, except
(f) The names of the witnesses, and the if it is based on acts of God, force majeure or duly
summary of their respective testimonies; substantiated physical inability of the witness to
and appear and testify. The party who caused the
(g) Brief statement of points of law and citation postponement is warned that the presentation of its
of authorities. (Section 6, Rule 18) evidence must still be terminated within the
remaining dates previously agreed upon.
l. Is a pre-trial brief mandatory? Should the opposing party fail to appear without
- Yes, as the failure to file the pre-trial brief valid cause stated in the next preceding paragraph,
have the same effect as failure to appear at the presentation of the scheduled witness will
the pre-trial. proceed with the absent party being deemed to have
waived the right to interpose objection and conduct
m. When must a pre-trial brief be filed? cross-examination.
The parties shall file with the court and serve on the The contents of the pre-trial order shall control the
adverse party, in such manner as shall ensure their subsequent proceedings, unless modified before
receipt thereof at least three (3) calendar days trial to prevent manifest injustice. (Section 7, Rule
before the date of the pre-trial (Section 6, Rule 18) 18)
- An order issued by the court after the
n. What is a pre-trial order? pre-trial conference
Pre-Trial Order. — Upon termination of pre-trial,
the court shall issue an order within ten (10) o. What must be included in the
calendar days which shall recite in detail the pre-trial order?
matters taken up. The order shall include: The order shall include:
(a) An enumeration of the admitted facts; (a) An enumeration of the admitted facts;
(b) The minutes of the pre-trial conference; (b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried; (c) The legal and factual issue/s to be tried;
(d) The applicable law, rules, and (d) The applicable law, rules, and
jurisprudence; jurisprudence;
(e) The evidence marked; (e) The evidence marked;
(f) The specific trial dates for continuous trial, (f) The specific trial dates for continuous trial,
which shall be within the period provided by which shall be within the period provided by
the Rules; the Rules;
(g) The case flowchart to be determined by the (g) The case flowchart to be determined by the
court, which shall contain the different court, which shall contain the different
stages of the proceedings up to the stages of the proceedings up to the
promulgation of the decision and the use of promulgation of the decision and the use of
time frames for each stage in setting the time frames for each stage in setting the
trial dates; trial dates;
(h) A statement that the one-day examination (h) A statement that the one-day examination
of witness rule and most important witness of witness rule and most important witness
rule under A.M. No. 03-1-09-SC (Guidelines rule under A.M. No. 03-1-09-SC (Guidelines
for Pre-Trial) shall be strictly followed; and for Pre-Trial) shall be strictly followed; and
(i) A statement that the court shall render (i) A statement that the court shall render
judgment on the pleadings or summary judgment on the pleadings or summary
judgment, as the case may be. judgment, as the case may be. (Section 7,
The direct testimony of witnesses for the plaintiff Rule 18)
shall be in the form of judicial affidavits. After the
identification of such affidavits, cross-examination p. What is court-annexed mediation?
shall proceed immediately.
Court-Annexed Mediation. — After pre-trial and, and shall merit the same sanctions as failure
after issues are joined, the court shall refer the to appear therein under Section 5 of Rule
parties for mandatory court-annexed mediation. 18.
The period for court-annexed mediation shall not
exceed thirty (30) calendar days without further
extension. Section 8, Rule 18)
- Court-annexed mediation is a part of
pre-trial where parties are encouraged to
personally attend the proceedings.
- Sanctions: including but not limited to
censure, reprimand, contempt, and such
other sanctions as are provided under the
Rules of Court for failure to appear for
pre-trial, in case any or both of the parties
absent himself/themselves, or for abusive
conduct during mediation proceedings.
- CAM is a voluntary process conducted
under the auspices of the court by referring
the parties to the Philippine Mediation
Center (PMC) Unit for the settlement of
their dispute, assisted by a Mediator
accredited by the Supreme Court.

q. What is judicial dispute resolution?

Judicial Dispute Resolution. — Only if the judge of
the court to which the case was originally raffled is
convinced that settlement is still possible, the case
may be referred to another court for judicial dispute
resolution. The judicial dispute resolution shall be
conducted within a non-extendible period of fifteen
(15) calendar days from notice of failure of the
court-annexed mediation.
If judicial dispute resolution fails, trial before the
original court shall proceed on the dates agreed
upon.
All proceedings during the court-annexed
mediation and the judicial dispute resolution shall
be confidential. (Section 9, Rule 18)
- JDR is a process whereby the judge (called
the JDR Judge) employs conciliation,
mediation or early neutral evaluation in
order to settle a case at the pre-trial stage.
In the event the JDR fails, then another
judge (called the trial judge) shall proceed to
hear and decide the case.

r. What is the effect of failure to attend

CAM and JDR proceedings?
- Failure to appear at either CAM or JDR is
deemed as non-appearance at the pre-trial