Atty. Lazatin Presentation

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Preliminary Conference and Trial on the IssuesRules 22 and 24Atty. Victor P. LazatinMembersHon. Roberto A. AbadHon. Raul Bautista VillanuevaHon. Selma P. AlarasHon. Caridad Walse-LuteroHon. Jose Lorenzo R. Dela RosaHon. Maria Rowena Modesto San PedroHon. Marjorie T. Uyengco-NolascoHon. Barbara-Aleli H. Briones

Consultants:Atty. Victor P. LazatinAtty. Vicente M. JoyasAtty. Laurence ArroyoAtty. Roberto MendozaAtty. Emily ManuelTechnical Working GroupOUTLINEPreliminary Conference (Rule 22)

Trial of Issues(Rule 24)

INITIATORY PLEADINGSUMMONSANSWER/REPLY/OTHER PLEADINGSJUDICIAL AFFIDAVITS AND DOCUMENTARY EVIDENCESec. 22.2TERMS OF REFERENCESec. 22.4PRELIMINARY CONFERENCESecs. 22.5-22.9TRIAL OF ISSUESJUDGMENTAPPEALEXECUTIONOVERVIEW`Rule 22Rule 24JDR(Failed) I. PRELIMINARY CONFERENCEPOLICY OBJECTIVES

Require parties to make a full disclosure of known facts and to submit the affidavits and documents that evidence their claims (GOAL: To enable the court to accurately identify the issues)

2. Treat litigations as a collective effort (not adversarial) to search for truth and to render justice to allI. PRELIMINARY CONFERENCEPOLICY OBJECTIVES

Empower the judge to take a direct role in examining the witnesses

Efficient use of the courts time without sacrificing qualityParties/Counsel to do certain things such as (1) Drafting TOR; and (2) Drafting Decision

5. Raise level of professionalism of court and counselI. PRELIMINARY CONFERENCEKEY FEATURES

Mandatory disclosure of evidence (Sec. 22.2)Judicial Affidavit Rule (JAR): Judicial Affidavit as Direct testimony of a witnessDocuments and object evidence attached and marked as Exhibits C, C-1, C-2, and so on (Complainant), Exhibits P, P-1, P-2, and so on (Plaintiff or Petitioner), Exhibits R-1, R-2, R-3, and so on (Respondent), Exhibits D, D-1, D-2, and so on (Defendant) in the Judicial Affidavit shall be deemed offered and admitted **Reply Judicial Affidavits on matters not touched upon by initial Judicial Affidavit within 15 days from receipt of adverse partys Judicial Affidavits.

** Subject to exclusion / cross-examinationI. PRELIMINARY CONFERENCEKEY FEATURES

2.Use of discovery procedures (Sec. 22.3)3.Terms of Reference (Sec. 22.4)Raffle to a Different Branch/Joint Motion to Retain JDR Judge (Sec. 22.2)Appearance of parties (Sec. 22.6)Non-appearance excused only for valid cause shown or if represented by another fully authorized to act

I. PRELIMINARY CONFERENCEKEY FEATURES

Decision by default (Secs. 22.7 to 22.8)For failure to appear at the scheduled preliminary conference, decision on the other partys claims will be based solely on the evidence already submittedMatters to be taken up (Sec. 22.9)

Terms of ReferenceTERMS OF REFERENCE

Summary of admitted facts

Summary of totality of facts that the evidence (Petitioners and Respondents) appear to have established

Statement of factual issue(s)

List of witnesses

Statement of actual or potential legal issues that the case presents

CONTROLS SCOPE OF TRIALTerms of Reference (TOR)A. If both parties submitB. If Petitioner does not submitPROCEDUREPETITIONER SUBMITS DRAFT TOR15 DAYSRESPONDENT SUBMITS Draft COMMENT15 DAYSCOURT FINALIZES TORCOURT TO DIRECT RESPONDENT TO SUBMIT DRAFT TORCOURT FINALIZES TOR ON THE BASIS OF RESPONDENTS DRAFTMATTERS TO BE TAKEN UP AT THE PRELIMINARY CONFERENCE Determine (in consultation with the parties and their counsel) if there is a need to make changes in the contents or wordings of the Terms of Reference. If yes, the court shall enter those changes on the face of the documents.

If a party insists that the court try an excluded issue = included, provided such party makes a deposit of P10,000-50,0000 for court costs.MATTERS TO BE TAKEN UP AT THE PRELIMINARY CONFERENCE Final attempt to persuade the parties to settle their disputes amicably.

The court shall summarize the arrangements in the Preliminary Conference and issue an Order of Trial, copy furnished the parties.

May render judgment or cause dismissal of action should a valid ground for the same exists. If evidence is required for adjudicating a ground for dismissal, court shall set case for reception of such evidence.

ORDER OF TRIALFix order in which issues are to be triedIdentify witnesses who need to be present and testify on such issuesSet specific dates for reception of evidenceDetermine whether regular or simple trialWitness exemption from face-to-face examination(1) Rule on Examination of Child Witness; and (2)one who is mentally, psychologically, or physically challenged or disadvantaged in a face-to-face confrontationTrial of the Issues and not Plaintiffs or Defendants entire case II. FACE-TO-FACE TRIALPOLICY CONSIDERATIONS

Promote a non-adversarial environmentGive the judge a more active role in the proceedingsIssue-based examination of witnesses and presentation of evidenceEqual time for witnesses from opposing sides to give testimony and reply to each other immediately 5.Avoid unnecessary delays (e.g.,objections, postponements, etc.)II. FACE-TO-FACE TRIALWHAT IT REQUIRES (Secs. 24.3, 24.4,24.5, 24.6)

a) Court shall actively examine and determine the truthfulness of the judicial affidavits;

b) Witnesses from all contending sides shall appear together and simultaneously swear to the truth of their respective testimonies;

c) Witnesses shall sit face-to-face around the table in a non-adversarial environment and answer questions from the court and the parties counsel respecting the factual issue under consideration;

II. FACE-TO-FACE TRIALWHAT IT REQUIRES (Secs. 24.3, 24.4,24.5, 24.6)

The court shall initiate the inquiry into each factual issue strictly in the sequence provided in the Order of Trial although such inquiry may cover two or more closely related issues;

e)Witness or witnesses may testify on one or more issues in accordance with the Order of Trial;


f)Only one person at a time shall speak during the trial and always with prior permission from the court which shall take steps to ensure that the person who speaks is identified for the record; (grounds: rules of civility/courtesy);

g)Witnesses shall address their answers to the examining judge or counsel;


Witnesses shall not pose questions to the other witnesses relating to their testimonies but shall be given equal opportunity and equal time to respond to the same; and

Each party shall have take turns to cross examine, redirect, and re-cross the witnesses.

Not Face-to-Face trial (Sec. 24.10) Rule on Examination of Child Witness; and A person who is mentally, psychologically, or physically challenged, or has a similar condition that puts him at a disadvantage in a face-to-face confrontation

II. FACE-TO-FACE TRIALKEY FEATURES

Language used during trial (Sec. 24.17)English or FilipinoIf there is language difficulty, conducted in a dialect known to him with interpreter.It is the recording of the actual answers (not the English or Filipino translation), which will be the official and binding testimony of the witness.


2. Exclusion of disqualified witness or inadmissible testimonies and exhibits from judicial affidavits before examination (Sec. 24.4)If granted, excluded answer will be placed in brackets under the initials of proper court personnel.If exhibits to be excluded are voluminous, motion in writing before trial. Without prejudice to a tender of excluded evidence.


Two-phase examination of witnesses (Sec. 24.7)First: Examination by the Court [Sec. 24.7(a)]Second: Examination by Counsel [Sec. 24.7(g)]

Examination of Expert Witnesses (Sec. 24.11)Face-to-Face alsowith leave of court, expert may ask questions directed to the other partys expert witness

II. FACE-TO-FACE TRIALKEY FEATURESIntransferrability of settings (Sec. 24.14)Except on grounds of fortuitous event or serious illness otherwise waiver of appearance (parties & counsel).

No motion for postponement or resetting on ground of serious illness shall be granted unless a medical certificate is presented stating illness of such gravity to prevent from attending at the scheduled hearing.

Judge may require physician to appear or order another physician either government employed or retained by adverse party to verify the truth of the certification.

If false, certifying physician shall be held in contempt of court; also the party & counsel, to the extent possible


Consequences of failure to appear at trial (Sec. 24.15)Counsel = waiver, trial will proceed, witnesses examined in the usual course as if procured by the courtWitness = judicial affidavit expunged

Regular v. Simple Trial SchedulesMemorandum, oral argument and judgment (Sec. 24.13)

REGULAR TRIAL

Issues are complex or numerousSeveral witnesses or numerous pieces of evidence1 or more hearing dates

SIMPLE TRIAL**

Issues are simple and few

Limited witnesses/evidence

ONE-TIME face-to-face hearing

vs.**Conversion to Regular trial if it turns out to be complex25TWO-PHASE EXAMINATIONBY THE COURT

No particular sequence on the issues/related issues at handCourt may direct question to one or more of the witnesses from contending sidesOther witnesses from the same side may supplement, clarify or qualify answer of first witnessEqual time and opportunity to replyAllow divergent exchanges provided new facts or new arguments are introduced; stop when repetitive/judge is sufficiently clarifiedCOURT MAY SUMMARIZE respective positions, then move on

BY COUNSEL (may examine on the same issue or related issues in the 1st phase)

Unless court orders otherwise, sequence is:

Petitioners WitnessCX/RD/RX on the Judicial Affidavit & Answer in the 1st phase Respondents WitnessCX/RD/RXOther Parties WitnessesCX/RD/RX

Counsel may object to questions or move to strike out answers givenCourt shall act on the objections or simply note themEXAMINATION OF WITNESSESMR. R answers JUDGEJUDGE ASKS QUESTION 1 to WITNESS RJUDGE ASKS QUESTION 2 to WITNESS PWITNESS PWITNESS Rwith Courts permission, MR. P replieswith Courts permission,MR. R rebutswith Courts permission,MR. P rejoinsJUDGE MAY SUMMARIZEJUDGE MAY SUMMARIZEMR. P answers JUDGEwith Courts permission, MR. R replieswith Courts permission,MR. P rebutswith Courts permission,MR. R answersTABLE OF OBJECTIONS/EXCEPTIONSTYPE of OBJECTIONOBJECTIONS TOCOURT ACTIONObjection as to formQuestions which are perceived as:

1) argumentative; 2) leading;3) multiple;3) repetitive;4) vague; 5) improper characterization;6) confusing; or7) unfair.

The court may:

1) take note; or2) rephrase the question. EXCEPTIONS Questions of the Judge OBJECTIONS Questions of the Counsel **** May also move to strike out answers given--simply state the legal grounds for objection w/no further explanationTABLE OF OBJECTIONS/EXCEPTIONSTYPE of OBJECTIONOBJECTIONS TOCOURT ACTIONObjection as to substanceQuestions which are perceived to elicit answers that are inadmissible on public policy grounds such as:

right against self-incrimination;privileged communication;disqualification;Statue of Frauds;2) rape shield law;3) bank secrecy laws;AMLA non-disclosure rule; or 5) other similar laws or rules.The court shall promptly rule on such objections. TABLE OF OBJECTIONS/EXCEPTIONSTYPE of OBJECTIONOBJECTIONS TOCOURT ACTIONObjection as to admissibilityAdmissibility under the rules governing:

1) best evidence;2) parol evidence;3) conclusion or opinion evidence;4) hearsay evidence;5) irrelevant evidence; or6) character evidence. The court may simply take note of the exceptions and consider the same when deciding the case. THANK YOU.