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Manila Bulletin,Monday,July 19, 2004,p.4 \ Bepublic of the Philippines | Supreme Court Manila AM. No, 03-1-09-SC RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED — ‘BY TRIAL COURT JUDGES AND CLERKS OF COURT = IN THE CONDUCT OF PRE-TRIAL AND USE OF | DEPOSITION-DISCOVERY MEASURES: | RESOLUTION ‘Acting on the recommendation of the Chairman of the Committee on Fovison ofthe Rules of Court substi fortis Court's consiceration ane approval the Proposed Rule on Guidalines to be Observed by Trial Court Judges and Olerks fl Court he Conduct of Pre-Trial and Use of Depositon-Discovery Measures, the (Court Resolved fo APPROVE the same. The said Rule is hereto altached a3\an Integra pat of hls Resolution, ‘Tho Rulo chal take effect on August 18, 2004 folowing its publication in @ newspaper of general creulation not lator than July 30,2008, Son 1 2008 bio (n8i6 6, BANDE. | ane ene | gethito §.to panels Vel Rees 4 ARTENIOV. PANGANIBAN LEONARDO A. QUISUMBING soca } | ecclte Jules — Seng ES | Gk ast Seige AG: ee apm Associa ugie | dpe) = ANTONIO T CARPIO MA. ALOK AUSTRIAMARTINEZ eae eae | {ATO C. CORONA CONCHITA CARPIO MORALES: |. (Risa cso | | psadbrenclen reatbs vines } ANTE O(AINGA. i } sscciate Justice GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES ‘Alio CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL [AND USE OF DEPOSITION-DISCOVERY MEASURES ‘The use of pre-trial and the depositon-discovery measures are undoniably ‘important and vial eomponents of cate management in ial cours, To abbrevialo an proceesings, ensure prompt Gigs of cases anc decongest court dockets, Shalt foner lpiement te preceal guidlines lid down in Administrative Ceular io 3.99 dated Janury 15, 1989 and except as otherwise spectcaly provided for | Inother special rues, the follwing guidlines are issued fer tho observance and, {uldance oa judges and clerks of court: t PRETRIAL 3 A. | Cwicases 1 \wainin ane day from receipt of the complaint 49)/° YY SURREHE'shall'be prepared and shall Contino Tominder to defendant to obsecve restraint fing ‘maton to dismiss and stead allege the grounds thereof ae defenses in he Answer, conformity wit TBP-OCA Memorendum on Poley Guidelines dates Maren 12, 2002." copy of the Sumnmons fs hereto bitched a8 Annex "A 2nd 4.2. The coun shal lssue an order oquiing the partes fo {vai of inierogatories Io parties under Rule 25 and eqost for admission by adverse party under Rule 26 eat thet discretion mako Use of depostons under Rule 23-or olhor measures under Rules 27 and 28 ‘within fe days from the ing ofthe answer! Acopy of the order shal be served upan te defendant together ‘withthe summons are upon the plan. ‘Within five (5) days from date of ting ofthe rep the plantih must prompy move ex pare tht the ease be set for prea Conforonee.” the plant aso fla said mation win the given period. he Branch COC shal ue aration of pre-tral ‘The parties shall submit, at least three (3) days before the prota, pre-talbits containing tne following a. Asstatement of their willingness to enter into an ‘amicable gattemant incicating the desited terms thereof or fo submit the caso to any ofthe alternative ‘modes of elspa resolu ‘Asummary af admitted facts and proposed sipulation offacts ‘Te esues tobe tried or resolved: ‘The documents of exhib. fo be presented, stating the purpose thereot, (No ovidencs shal be allowed fo be presented and ofered Guing the tian support of a partys evidence in-chiet other than those thal fad Been eater dantiiod and pre-marked curing the pret, exc allowed by the court for good cause Shown) fe. Amaniestation ofthe having avaliod othr intenitor {o avalthemselves of discovery procedures or refera fe commissions, and f The umber and names of the witnesses, the Substance of tei testimonies, and the epproxmatt umber of nouts tat wit be required by the paris forthe presentation of tir respective witnesses, as ‘copy ofthe Notice of Prestral Conference is hereto attachot Be Annex "8 ‘The rule on the contanis of the prota brief must srily bt complied mith “The partie are hound by the representations and statemonts I theicraspective proinal bets ‘Alihestart ofthe pretrial canference, the ge shal inmadiaol fefer ie parties andlor he counsel authorized by teircent fe the PMC mediation unit for purposes of mediation available if mediaton fal, the judge wil schedule the continuance, ¢ the prestial eonferenoa, Before then, tho Judge may rear tate fo the Branch COC fora preliminary conference to asst {he partes in teaching a setloment to mark the documents ¢ ‘xh fo be presented by the parties and copies thereof to Stached fo the records ater comparison and to consicor uC thor matters as may aid ins prompt disposition During the preliminary conference, the Branch COC shal ls ‘ascertain from the parties the undlapuied facts and admission bn ihe genuineness and due execution ofthe documents marke Stexhbta, The proceedings during the prlimnary conferenc Shallbe recorded in the "Minutes of Prominary Conference’ | e'sigaod by both parties andor counsel, the form of which hereto atleched as Annox °C ‘The minutes of preimary conference and the exhibits shi ‘elatlached by the Branch COC ta the case repord before th re-trl Bitar the continuation of the pro‘trial conference, the jude ‘must study al the pleadings of the case, and determine : TZauos thereo ane the respective postions of the paris there: Io enable hen to neligently steer the pares Lonard & possi fanicable satloment of the case, of at the very least 0 he Foduee and limit tha ists. ‘The judge should not allow t {eemination of pro-tralsimply because ofthe manifestation of partes that hey cannot sete caso, He should expose i Parties tothe advantages of pro-ral. He must alsa bo mich {hat tere ae other important aspects of the predia that ou toe taken up 0 expedie the disposition of the case,” “The Judge wit al act, palonce, impartiality and wih due regs {athe rigs ofthe partes shall endeavor to persuade ther) iriveata setlement oftre dispute” The court shal intel & the partes and Ber lwyers fan amicable settement the c= Republic of the Philippines Supreme Court Manila A.M. No. 03-1-09-SC RE: PROPOSED RULE ON GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES RESOLUTION Acting on the recommendation of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures, the Court Resolved to APPROVE the same, The said Rule is hereto attached as an integral part of this Resolution. The Rule shall take effect on August 16, 2004 following its publication in a newspaper of general circulation not later than July 30, 2004. July 13, 2004. i. Coreen x ARI 10 G. DAVIDE, RET Chief Justice Root i REYNATO S, PUNO Associate Justice a ) —_ ARTEMIO V. PANGANIBAN LEONARDO A. QUISUMBING Associate Justice Associate Justice 2: A.M. No. 03 fp ie : ’ Oe ee CONSUELO YNASRES-SANTIAGO. EIN SANDOVAL-GUTIERR Associate Justice Associate Justice Gb espe) on ANTONIO T. CARPIO MA. ALICIA AUSTRIA-MARTINEZ Associate Justice Associate Justice 1-09-8C col rN RAL Associate Justice asi te, MEO J. CALLEJO, SR. ADOLE# SYAZCUNA Associate Justice Assbcigfe Justice ] Gas Associate Justice