Guidelines for Litigation in Quezon City Trial Courts

The Supreme Court issued A.M. No. 11-6-10-SC dated 21 February 2012 (full text), approving the Guidelines for Litigation in Quezon City Trial Courts. Quezon City is considered as a pilot test area to determine the "practicability and feasibility" of the proposed guidelines. All QC Courts are enjoined to "uniformly and consistently apply and enforce" the guidelines and all lawyers who appear before QC Courts are required to "observe and comply" with these guidelines. (Discuss the Guidelines at the LawCenterph FaceBook page.)

Contents
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1 Date of Effectivity and Applicability of the Guidelines 2 Common Guidelines for Criminal and Civil Cases

o o o o o o o o o o o

2.1 Limitation on Pleadings 2.2 Motions 2.3 Notice and service of processes through private couriers 2.4 Postponements 2.5 Calendar call 2.6 Oral offer of evidence 2.7 Lack of Transcripts of stenographic notes 2.8 Consolidations 2.9 Inhibitions 2.10 Memoranda 2.11 Free legal assistance

3 Guidelines for Civil Cases

o o o o

3.1 Mediation, judicial dispute resolution, preliminary conference as mandatory parts of pre-trial 3.2 Motions relating to pre-trial matters 3.3 Affidavits in lieu of direct testimony 3.4 Execution in appealed ejectment cases

4 Guidelines for Criminal Cases

o o o o o o

4.1 Schedule of arraignment 4.2 Suspension of arraignment 4.3 Waiver of reading of the information 4.4 Petitions for bail 4.5 Pre-trial 4.6 Affidavits in lieu of direct testimony

o o

4.7 Demurrer and submission of case for decision 4.8 Private prosecutors

5 References

Date of Effectivity and Applicability of the Guidelines

These Guidelines shall take effect on April 16, 2012.[1] The project shall be subject to quarterly reviews by the Committee. At the end of the 6th month from such date of effectivity, the Committee shall prepare a Mid-Term Report on the project for submission to the Supreme Court, and at the end of the 12th month from such date of effectivity, the Committee shall prepare and submit a Final Report on the project to the Supreme Court.[2]

Pilot Guidelines (verbatim)

Existing Rules and Comments

These Guidelines shall apply to all newly filed cases, as well as pending cases where trial has not started yet, whether or not the pre-trial has been concluded.[3] For pending cases where trial has already commenced, where the parties consent to the application of the Guidelines for the remainder of the case proceedings, the Guidelines shall be applied by the court to that case as well.[4]

1. The Guidelines obviously does not apply to all cases in Quezon City. The following are covered by the Guidelines: i. All newly filed cases. ii. Pending cases where trial has not started yet, whether or not the pre-trial has been concluded. iii. When all parties consent to the application of the Guidelines, regardless of whether trial has already commenced in a pending case. 2. The Guidelines is obviously more strict that the existing Rules of Court. There will be more invocations of the legal maxim that cases must be decided on the merits, not on technicalities. A clients is bound by the mistakes of counsel.

Common Guidelines for Criminal and Civil Cases

Unless otherwise provided, these guidelines shall be common to criminal cases and civil cases, including special proceedings and land registration cases.

Limitation on Pleadings
Pilot Guidelines (verbatim) Existing Rules and Comments

Parties may file pleadings subsequent to the complaint, answer and reply, regarding any incident in a pending case, only upon prior leave of court, and in no case to

1. The consequence of failure to comply with the requirements of font-size, number of pages and spacing is not clearly provided. It is not clear whether the pleading will be expunged from the

exceed 40 pages in length, double-spaced, using size 14 font.[5]

record of the case.

2. If the purpose of requiring a size 14 font is to make the pleading readable, it might not be achieved when using certain fonts. For instance, a 40-page pleading using Arial size 14 would only be 33 pages using Arial Narrow. 3. From the way this is worded, it does NOT apply to the answer, complaint and reply, which means that the complaint could be using size 12 font which will lead to .

Motions
Pilot Guidelines (verbatim) Existing Rules and Comments

Motions that do not conform with the requirements of Rule 15 of the Rules of Court are scraps of paper that do not merit the court's consideration. The branch clerk of court shall inform the judge of noncompliant motions. The court shall then immediately issue a final order declaring the motiona mere scrap of paper unworthy of any further court action, without necessity of a hearing or comment from the adverse party.[6]

1. The existing rules, particularly Rule 15 (Motions) of the Rules of Court, specify the requirements of a motion, but does not explicitly provide the effect of non-compliance with such requirements. 2. Nevertheless, jurisprudence consistently holds that a defective motion is nothing but a piece of paper filed with the court. It presents no question which the court could decide. The court had

Courts shall require only a comment or opposition to any motion, no right to consider it, nor had the clerk any right to receive it which shall be filed within an inextendible period of 5 days. Thereafter, the motionshall be submitted for resolution by the court. Unless allowed, the filing of a reply, rejoinder, or surrejoinder is hereby prohibited.[7] without a compliance with the requirements.[8] 3. The Rules of Court, however, does not explicitly provide that the court can motu propio or, on its own, dismiss a defective motion without any motion from the adverse party. It is common, in fact, for a hearing to be scheduled and for the adverse party to specify in its comment/opposition that the motion is a mere scrap of paper for non-compliance with the requirements under Rule 15. 4. The Guidelines now explicitly authorizes the court to dismiss motu propio a defective motion. One possible ramification of the pilot rule is the render the clerk of court or the responsible judicial officer to administrative liability for failing to dismiss motu propio a defective motion. This potential liability should compel compliance with this requirement under the Guidelines. 5. The existing Rules of Court does not specify the number of

days for a comment/opposition to be filed, and 10-15 days for the filing thereof is not uncommon. It is not clear, however, if the phrase "shall require only a comment or opposition to any motion" means that a hearing is dispensed with. It could also mean that a hearing is still required, except that, as a rule, only a comment/opposition may be filed and the movant can no longer file a reply.

Notice and service of processes through private couriers

Pilot Guidelines (verbatim) Existing Rules and Comments

1. There is no presumptive notice provided under the existing Rules of Court. There shall be presumptive notice to a party of a court setting if such notice appears on the record to have been mailed at least 20 days prior to the scheduled date of hearing if the addressee is 2. The existing Rules of Court also does not provide for service from within the National Capital Region, or at least 30 days if the by private courier. addressee is from outside the National Capital Region.[9]

A party may opt to avail of private couriers for the service of pleadings, motions and other submissions. Proof of service in such case shall either be a sworn certification or affidavit of service from the courier specifically referring to the date of service and the corresponding tracking number for the mail matter.[10]

Postponements
Pilot Guidelines (verbatim) Existing Rules and Comments

Judges shall not grant any postponement except for acts of God or force majeure.[11]

1. The waiver of testimony of an absent witness can only be done if there is a fixed date/schedule for all witnesses identified during the pre-trial conference. 2. A hostile witness who refuses to attend would benefit from the

No motion for postponement, whether written or oral, shall be waiver of his testimony. acted upon by the court unless accompanied by the original official receipt from theOffice of the Clerk of Court of Quezon City evidencing payment of the postponement fee.[12] In either case, if the scheduled hearing is unable to proceed due to such absence, the court shall require the absent counsel and/or party to pay the expenses of the present party or witness 3. Postponements by agreement of the parties/counsels are no longer allowed.

for appearing in court on that date.[13] Postponement in Civil Cases In civil cases, in the absence of counsel, the court shall proceed with the hearing ex parte with no right to cross-examination. If it is the witnesswho is absent, the presentation of such witness shall be declared waived.[14] Postponement in Criminal Cases In criminal cases, in the absence of counsel de parte, the hearing shall proceed upon appointment by the court of a counsel de oficio. If it is thewitness who is absent, the presentation of such witness shall be declared waived.[15]

Calendar call
Pilot Guidelines (verbatim) Existing Rules and Comments

Courts shall call the calendar at exactly 8:30 a.m. or 2:00 p.m., as the case may be, to determine which cases are ready to proceed. No second call shall be made except only of those cases where both parties have manifested their readiness to proceed. The remaining time after the first call shall be divided equally among the ready cases to ensure that all will be heard on that day.[16]

The purpose of prohibiting second calls is to expedite the entire proceeding and save time. To be fair to practitioners and to fully implement the intent of this rule, it should also include a provision on court staff and judges who arrive late.

Oral offer of evidence

Pilot Guidelines Existing Rules and Comments

The offer of evidence, the comment thereon, and the court ruling shall be made orally. A party is required to make his oral offer of evidence on the same as the presentation of his last witness, and the opposing party is required to immediately interpose his objection thereto. Thereafter, thejudge shall make the ruling on the offer of evidence in open court.[17]

1. The Rules of Court provides that "the court shall consider no evidence which has not been formally offered."[20] Failure to make a formal offer of evidence is deemed a waiver of the covered evidence. 2. Under A.M. No. 03-1-09-SC, each party is required to make his formal offer of evidence after the presentation of his last witness and the opposing party is required to immediately interpose his objection thereto. Thereafter the judge shall make the ruling on the offer of evidence in open court. However, the judge has the discretion to allow the offer of evidence in writing in conformity with Section 35, Rule 132.[21]

In making the offer, the counsel shall cite the specific page numbers of the court record where the exhibits being offered are found if attached thereto. The court shall always ensure that all exhibits offered are submitted to the court on the same day.[18]

If the exhibits are not attached to the record, the party making the 3. Based on jurisprudence, a written offer of evidence can only offer must submit the same during the offer of evidence in open court.
[19]

be tolerated under Sec. 35 of Rule 132 in extreme cases where the object evidence or documents are large in numbersay from 100 and above, and only where there is unusual difficulty in preparing the offer. Moreover, the party asking for such concession should however file a motion, pay the filing fee, set the date of the hearing not later than 10 days after the filing of the motion,[22] and serve it on the address of the party at least three (3) days before the hearing.[23] In short, it is a litigated motion and cannot be done ex parte.[24] 4. The Guidelines goes a step further -- it makes absolute the necessity of an oral offer of evidence by removing the court's discretion to allow a written offer of evidence. The removal of such discretion, while commendable in its intent to expedite the proceedings, may cause delays in cases involving voluminous documents. Other cases in the calendar may be prejudiced, or, considering the equal time allotted to each case under Par. A.5 (Calendar Call), the case will have to be reset for further oral offer of testimony.

Lack of Transcripts of stenographic notes

Pilot Guidelines (verbatim) Existing Rules and Comments

Incomplete or missing transcripts of stenographic notes is not a valid reason to interrupt or suspend the mandatory period for deciding a case.Judges who conducted the trial in a case and heard the testimonies of some or all of the witnesses shall not defer the submission of the case for judgment on this ground. In cases where the case was heard completely by another judge, the new judge tasked to write the decision shall be given 60 days from assumption to office to require the completion of transcripts before the case is deemed submitted for decision.[25]

Consolidations
Pilot Guidelines (verbatim) Existing Rules and Comments

Consolidation of cases shall only be allowed if both or all of the

cases sought to be consolidated have not yet passed the pretrial or preliminary conference stage.[26]

In cases involving multiple accused where a later information is filed involving an accused who was subjected to further investigation by the Office of the City Prosecutor of Quezon City, over an incident which has the same subject matter as a prior Information/s against different accused, the later case when filed under cover of a motion for consolidation from the OCP-QC shall no longer be raffled, but shall be assigned directly to the courtwhere the earlier cases are pending. If the earlier cases are already at the trial stage and witnesses have been presented by the prosecution, the prosecution shall be allowed to merely adopt the evidence so far presented against the new accused, subject to the latter's right to cross-examinethe said witnesses.[27] In civil cases, consolidation shall be granted only if there is identity of parties and issues in the affected cases. [28]

Inhibitions
Pilot Guidelines (verbatim) Existing Rules and Comments

Each party shall only be allowed to file one motion for inhibition in There is no limit to the number of motions for inhibition that can any case strictly on grounds provided for under Rule 137 of be filed under the Rules of Court. The apparent change under the Rules of Court.[29] the Guidelines is to limit each party to one motion for inhibition for the entire case, which means that a party who filed such a motion, even if denied, cannot re-file it against the same judge or file a similar motion against the subsequent judge.

Memoranda
Pilot Guidelines (verbatim) Existing Rules and Comments

After completion of trial, the court shall require the parties to submit their memoranda which shall not exceed 25 pages in length, single-spaced, on legal size paper, using size 14 font.[30]

1. The filing of a memorandum is meant to aid the court in judiciously resolving cases. This provision makes the filing of memorandum mandatory, whereas the Rules of Court leaves the requirement of filing of memorandum upon the discretion of the judge.

2. Section 5, Rule 30 of the Rules of Court provides that upon

admission of evidence, the case shall be submitted for decision unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. Therefore, even in incidents when the court could render a decision without a memorandum, it has no other choice but to prolong the period to decide.

Free legal assistance

Pilot Guidelines (verbatim) Existing Rules and Comments

If a party fails to qualify for the services of the Public Attorney's Office (PAO), the Integrated Bar of the Philippines Quezon City Chapter shall provide free legal assistance to the said party. For this purpose, the IBP-QC Chapter shall submit to the Executive Judges of the Quezon City trial courts, a list of IBPQC lawyers who may be appointed by the courts to act as counsel de oficio in such cases. The lists shall be disseminated among all the trial courts in the station.[31]

1. From the language of the provision, it is immaterial whether a party is an indigent/pauper litigant or not. A party of sufficient means can choose not to have a counsel de parte, apply with the PAO, and be assured that a counsel de oficio will be provided by the IBP-QC.

Guidelines for Civil Cases

Mediation, judicial dispute resolution, preliminary conference as mandatory parts of pre-trial
Pilot Guidelines (verbatim) Existing Rules and Comments

The order setting the case for pre-trial shall also include (a) a referral to the PMC for mandatory mediation proceedings in cases covered by the rule, and/or (b) a setting for judicial dispute resolution, as well as (c) a preliminary conference before the Branch Clerk of Court. The pre-trial properbefore the court must take place only after all the foregoing shall have been completed.[32]

The court shall strictly impose sanctions for non-appearance during mediation, judicial dispute resolution, and/or preliminary conference before theBranch Clerk as these are mandatory parts of pre-trial.[33] Courts must strictly comply with the Guidelines to be Observed in the Conduct of Pre-Trial under A.M. No. 03-1-09-SC.[34]

Motions relating to pre-trial matters

Pilot Guidelines (verbatim) Existing Rules and Comments

Motions relating to the following pre-trial matters shall be filed before the scheduled date of pretrial, otherwise they shall be barred:[35] i. Summary judgment and judgment on the pleadings ii. Amendments to pleadings, including the adding or dropping of parties iii. Suspension of proceedings iv. Dismissals under Rule 16, save for lack of jurisdiction over the subject matter of the case (b) The courts must resolve said motions not later than 30 days after submission. Pre-trial proper shall only be conducted after such resolution.[36]

Under Rule 16 of the Rules of Court, in relation to the Omnibus Motion Rule under Section 8, Rule 15 of the Rules of Court, the following grounds are not waived even if not raised in a motion to dismiss or an [[answer] with affirmative defenses: (1) lack of jurisdiction over the subject matter; (2)litis pendentia; (3) res judicata; and (4) prescription. However, in this case, the rule only recognizes lack of jurisdiction over the subject matter as a ground for dismissal of an action, even when such ground is not raised in a motion filed before pre-trial. Under Section 2 of Rule 16, the judge can,motu propio during the pre-trial, dismiss "the action should a valid ground therefor be found to exist". It would seem that the judge CANNOT dismiss an action, even if there is a clear case of res judicata, prescription or litis pendentia, simply because the party did not file the appropriate motion prior to pre-trial.

Affidavits in lieu of direct testimony

Pilot Guidelines (verbatim) Existing Rules and Comments

The direct examination of all witnesses shall be presented through Affidavits, preferably in question-and-answer format. Paragraphs shall be consecutively numbered for facility of reference.[37]

The Affidavits shall take the place of the witness' direct examination and no additional oral direct testimony shall be allowed by the court save for the witness' identification and confirmation of his Affidavit and its marking. The failure to submit such Affidavits on the date they are required to be submitted shall amount to a waiver of such submission and of the presentation of the witness/es

concerned.[38] The party presenting the Affidavit shall serve a copy of the same on the adverse counsel and the court not later than five days before the scheduledpre-trial. He shall also attach thereto copies of all documents identified and referred to by the witness in the Affidavit which are intended to be marked in evidence.[39] Cross-examination shall be conducted immediately after the confirmation of the Affidavit, and the testimony of the witness shall be completed on the same setting.[40]

Execution in appealed ejectment cases

Pilot Guidelines (verbatim) Existing Rules and Comments

In ejectment cases brought to the Regional Trial Court on appeal, where the latters decision has already become final and executory, a motion for execution of said decision shall be filed only with and resolved by the Metropolitan Trial Court which originally heard the case.[41]

Guidelines for Criminal Cases

Schedule of arraignment
Pilot Guidelines (verbatim) Existing Rules and Comments

The arraignment shall be set within seven days from receipt by the court of the case, for detained accused, and within 20 days from receipt by thecourt of the case, for nondetained accused.[42]

The court must set the arraignment of the accused in the commitment order, in the case of detained accused, or in the order of approval of bail, in any other case. For this purpose, where the Executive Judges and Pairing Judges act on bail applications of cases assigned to other courts, they shall coordinate with the courts to which the cases are actually

Under Section 2(g) of Rule 116, unless a shorter period is provided by the Supreme Court, the accused must be arraigned within thirty (30) days from the time acquires jurisdiction over the person of the accused. The Guidelines provides for a shorter period seven (7) days from receipt of the case for detainees and twenty (20) days in case of non-detainees. Nevertheless, it appears that the arraignment may not proceed as scheduled in the event that the accused intends to plead guilty to a lesser offense and the complainant is not notified.

assigned for scheduling purposes.[43] Notice of arraignment shall be sent to the private complainant or complaining law enforcement agent for purposes of plea bargaining, pursuant toRule 116, Section 1 (f) of the Rules of Court.[44]

Suspension of arraignment
Pilot Guidelines (verbatim) Existing Rules and Comments

Suspension of arraignment is allowed in the following instances: Courts shall strictly observe the general rule that there shall be no suspension of arraignment except for any of the three grounds stated in Rule 116, Section 11 of the Rules of Court.[45] i. The accused appears to be suffering from an unsound mental condition which effectively renders In case of suspension of arraignment by reason of a pending petition for review with the DOJ, no court shall allow a suspension beyond 60 days. In granting motions on this ground, the court shall already set the arraignment on the 61st day from the date of filing of the petition with the DOJ, or the nearest available trial date thereafter.[46] A motion for preliminary investigation shall only be granted where the accused was made subject to inquest proceedings, pursuant to Rule 112, Section 7 of the Rules of Court.[47] In cases where a motion for preliminary investigation or reinvestigation is granted by the court, the Office of the City Prosecutor of Quezon City shall complete the preliminary investigation or re-investigation, as the case may be, and submit its resolution to the court within 60 days from receipt of the order granting the motion for preliminary investigation or re-investigation. Upon lapse of the 60-day period without a resolution on the preliminary investigation or reinvestigation, the court shall proceed with the arraignment of the accused. In the order granting the motion for preliminary investigation or re-investigation, the court shall already set the arraignment of the accused.[48] him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental examination and, if necessary, his confinement for such purpose; ii. There exists a prejudicial question; and iii. A petition for review of the resolution of the prosecutor is pending at either the Department of Justice, or the Office of the President; provided, that the period of suspension shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office.[50]

The court shall not allow the deferment of arraignment on ground of absence of counsel de parte for the accused if a prior postponement for the same reason has been granted and both accused and counsel are duly notified of the arraignment. In such instances, the court shall appoint acounsel de oficio to assist the accused for arraignment purposes only.[49]

Waiver of reading of the information

Pilot Guidelines (verbatim) Existing Rules and Comments

The court, upon personal examination of the accused, may allow Rule 116 of the Rules of Court requires the Information to be a waiver of the reading of the Information upon the express read before the accused shall enter his plea. understanding and intelligent consent of the accused and his counsel, which consent shall be evidenced in both the minutes/certificate of arraignment and the order of arraignment. The court shall ensure the accuseds full understanding of the consequences of the waiver before approving the same.[51]

Petitions for bail

Pilot Guidelines (verbatim) Existing Rules and Comments

Except in complex cases involving multiple accused and multiple offended parties, an application for bail shall be heard and resolved within 60 days from the date of the first hearing, and consistent with the rules, summary in nature, preferably requiring the submission by the prosecution of the affidavits of its witnesses with right of cross examination by the defense.[52]

In addition to the provisions of Rule 114, the Guidelines expressly requires petitions for bail to be resolved within sixty (60) days from the date of the first hearing, save for cases involving multiple accused.

Pre-trial
Pilot Guidelines (verbatim) Existing Rules and Comments

The court shall schedule the arraignment and pre-trial on the same date in all cases, except in cases which require mediation and/or judicial dispute resolution. The pre-trial proper in the latter cases must be scheduled immediately upon conclusion of mediation and/or judicial dispute resolution.[53]

This provision recognizes the existing practice of holding the arraignment and pre-trial on the same date.

If the arraignment and pre-trial will be conducted on separate

dates, the setting of pre-trial and trial dates must be made during the arraignment.[54] The order setting the case for pre-trial shall also include (a) a referral to the PMC for mandatory mediation proceedings in cases covered by the rule, and/or (b) a setting for judicial dispute resolution, as well as (c) a preliminary conference before the Branch Clerk of Court, pursuant to A.M. No. 03-1-09-SC. The pre-trial proper before the court must take place only after all the foregoing shall have been completed.[55] The court shall proceed with pre-trial despite the absence of the accused and/or private complainant provided they were duly notified of the same.[56] Courts must strictly comply with the Guidelines to be Observed in the Conduct of Pre-Trial under A.M. No. 03-1-09-SC.[57]

Affidavits in lieu of direct testimony

Pilot Guidelines (verbatim) Existing Rules and Comments

As a rule, testimony of witnesses in criminal cases shall be given orally in open court, except (a.1) when the parties agree to submit affidavits in lieu of oral testimony; and (a.2) to prove the civil liability.[58]

The Affidavits so submitted shall take the place of the witness' direct examination and additional oral direct testimony shall be allowed only upon the court's sound discretion. The failure to submit Affidavits on the date they are required to be submitted shall amount to a waiver of such submission and of the presentation of the witness/es concerned.[59] The party presenting the Affidavit shall serve a copy of the same on the adverse counsel and the court not later than five days before the scheduledpre-trial. He shall also attach thereto copies of all documents identified and referred to by the witness in the Affidavit which are intended to be marked in evidence.[60]

Cross-examination shall be conducted immediately after the confirmation of the Affidavit, and the testimony of the witness shall be completed on the same setting.[61] Expert testimony shall always be given orally.[62]

Demurrer and submission of case for decision

Pilot Guidelines (verbatim) Existing Rules and Comments

Once the prosecution rests its case, the court must inquire from the accused whether he will file a demurer to evidence or he will no longer presentevidence, and then act accordingly.[63]

1. Under Section 23 of Rule 119, the court may, motu propio or on its own, dismiss the case the ground of insufficiency of evidence after duenotice and hearing. The provision is not reproduced in the Guidelines. It thus appears that courts may no longer dismiss a criminal case motu proprio. 2. Courts in must now inquire whether the accused intends to file a demurrer to evidence or he will no longer present evidence. 3. Under the Rules of Court, the accused has a non-extendible

When the defense rests its case, unless the prosecution expressly moves to present rebuttal evidence, the court shall require the parties to submit their memoranda and in the same order, schedule the date of promulgation of the judgment, within the period required by the law or the rules.[64]

period of five (5) days from the time the prosecution rests its case to move for leave of court to file demurrer to evidence.

Private prosecutors
Pilot Guidelines (verbatim) Existing Rules and Comments

In cases where the civil liability is being prosecuted by a private counsel, a written authority from the Office of the City Prosecutor of Quezon City in favor of the Private Prosecutor, to try the case even in the absence of the Public Prosecutor, must be submitted to the court no later than the pre-trial stage. With this authority on record, the court may set trial in this case and other cases being tried by Private Prosecutors with delegated authority, on a separate day when the presence of the Public Prosecutor may be dispensed with.[65]

This is a restatement of Rule 110, Section 5, with the addition that the written authority must be submitted no later than the pretrial stage. However, this does not address the situation when the need for a private prosecutor arises during the trial or if the private prosecutor previously authorized in writing withdraws from the case and another private prosecutor takes over.

Date of Effectivity and Applicability of the Guidelines

These Guidelines shall take effect on April 16, 2012.[1] The project shall be subject to quarterly reviews by the Committee. At the end of the 6th month from such date of effectivity, the Committee shall prepare a Mid-Term Report on the project for submission to the Supreme Court, and at the end of the 12th month from such date of effectivity, the Committee shall prepare and submit a Final Report on the project to the Supreme Court.[2]

Pilot Guidelines (verbatim)

Existing Rules and Comments

These Guidelines shall apply to all newly filed cases, as well as pending cases where trial has not started yet, whether or not the pre-trial has been concluded.[3] For pending cases where trial has already commenced, where the parties consent to the application of the Guidelines for the remainder of the case proceedings, the Guidelines shall be applied by the court to that case as well.[4]

1. The Guidelines obviously does not apply to all cases in Quezon City. The following are covered by the Guidelines: i. All newly filed cases. ii. Pending cases where trial has not started yet, whether or not the pre-trial has been concluded. iii. When all parties consent to the application of the Guidelines, regardless of whether trial has already commenced in a pending case. 2. The Guidelines is obviously more strict that the existing Rules of Court. There will be more invocations of the legal maxim that cases must be decided on the merits, not on technicalities. A clients is bound by the mistakes of counsel.

Common Guidelines for Criminal and Civil Cases

Unless otherwise provided, these guidelines shall be common to criminal cases and civil cases, including special proceedings and land registration cases.

Limitation on Pleadings
Pilot Guidelines (verbatim) Existing Rules and Comments

Parties may file pleadings subsequent to the complaint, answer and reply, regarding any incident in a pending case, only upon prior leave of court, and in no case to exceed 40 pages in length, double-spaced, using size 14 font.[5]

1. The consequence of failure to comply with the requirements of font-size, number of pages and spacing is not clearly provided. It is not clear whether the pleading will be expunged from the record of the case.

2. If the purpose of requiring a size 14 font is to make the pleading readable, it might not be achieved when using certain fonts. For instance, a 40-page pleading using Arial size 14 would only be 33 pages using Arial Narrow. 3. From the way this is worded, it does NOT apply to the answer, complaint and reply, which means that the complaint could be

using size 12 font which will lead to .

Motions
Pilot Guidelines (verbatim) Existing Rules and Comments

Motions that do not conform with the requirements of Rule 15 of the Rules of Court are scraps of paper that do not merit the court's consideration. The branch clerk of court shall inform the judge of noncompliant motions. The court shall then immediately issue a final order declaring the motiona mere scrap of paper unworthy of any further court action, without necessity of a hearing or comment from the adverse party.[6]

1. The existing rules, particularly Rule 15 (Motions) of the Rules of Court, specify the requirements of a motion, but does not explicitly provide the effect of non-compliance with such requirements. 2. Nevertheless, jurisprudence consistently holds that a defective motion is nothing but a piece of paper filed with the court. It presents no question which the court could decide. The court had

Courts shall require only a comment or opposition to any motion, no right to consider it, nor had the clerk any right to receive it which shall be filed within an inextendible period of 5 days. Thereafter, the motionshall be submitted for resolution by the court. Unless allowed, the filing of a reply, rejoinder, or surrejoinder is hereby prohibited.[7] without a compliance with the requirements.[8] 3. The Rules of Court, however, does not explicitly provide that the court can motu propio or, on its own, dismiss a defective motion without any motion from the adverse party. It is common, in fact, for a hearing to be scheduled and for the adverse party to specify in its comment/opposition that the motion is a mere scrap of paper for non-compliance with the requirements under Rule 15. 4. The Guidelines now explicitly authorizes the court to dismiss motu propio a defective motion. One possible ramification of the pilot rule is the render the clerk of court or the responsible judicial officer to administrative liability for failing to dismiss motu propio a defective motion. This potential liability should compel compliance with this requirement under the Guidelines. 5. The existing Rules of Court does not specify the number of days for a comment/opposition to be filed, and 10-15 days for the filing thereof is not uncommon. It is not clear, however, if the phrase "shall require only a comment or opposition to any motion" means that a hearing is dispensed with. It could also mean that a hearing is still required, except that, as a rule, only a comment/opposition may be filed and the movant can no longer file a reply.

Notice and service of processes through private couriers

Pilot Guidelines (verbatim)

Existing Rules and Comments

1. There is no presumptive notice provided under the existing Rules of Court. There shall be presumptive notice to a party of a court setting if such notice appears on the record to have been mailed at least 20 days prior to the scheduled date of hearing if the addressee is 2. The existing Rules of Court also does not provide for service from within the National Capital Region, or at least 30 days if the by private courier. addressee is from outside the National Capital Region.[9]

A party may opt to avail of private couriers for the service of pleadings, motions and other submissions. Proof of service in such case shall either be a sworn certification or affidavit of service from the courier specifically referring to the date of service and the corresponding tracking number for the mail matter.[10]

Postponements
Pilot Guidelines (verbatim) Existing Rules and Comments

Judges shall not grant any postponement except for acts of God or force majeure.[11]

1. The waiver of testimony of an absent witness can only be done if there is a fixed date/schedule for all witnesses identified during the pre-trial conference. 2. A hostile witness who refuses to attend would benefit from the

No motion for postponement, whether written or oral, shall be waiver of his testimony. acted upon by the court unless accompanied by the original official receipt from theOffice of the Clerk of Court of Quezon City evidencing payment of the postponement fee.[12] In either case, if the scheduled hearing is unable to proceed due to such absence, the court shall require the absent counsel and/or party to pay the expenses of the present party or witness for appearing in court on that date.[13] Postponement in Civil Cases In civil cases, in the absence of counsel, the court shall proceed with the hearing ex parte with no right to cross-examination. If it is the witnesswho is absent, the presentation of such witness shall be declared waived.[14] Postponement in Criminal Cases 3. Postponements by agreement of the parties/counsels are no longer allowed.

In criminal cases, in the absence of counsel de parte, the hearing shall proceed upon appointment by the court of a counsel de oficio. If it is thewitness who is absent, the presentation of such witness shall be declared waived.[15]

Calendar call
Pilot Guidelines (verbatim) Existing Rules and Comments

Courts shall call the calendar at exactly 8:30 a.m. or 2:00 p.m., as the case may be, to determine which cases are ready to proceed. No second call shall be made except only of those cases where both parties have manifested their readiness to proceed. The remaining time after the first call shall be divided equally among the ready cases to ensure that all will be heard on that day.[16]

The purpose of prohibiting second calls is to expedite the entire proceeding and save time. To be fair to practitioners and to fully implement the intent of this rule, it should also include a provision on court staff and judges who arrive late.

Oral offer of evidence

Pilot Guidelines Existing Rules and Comments

The offer of evidence, the comment thereon, and the court ruling shall be made orally. A party is required to make his oral offer of evidence on the same as the presentation of his last witness, and the opposing party is required to immediately interpose his objection thereto. Thereafter, thejudge shall make the ruling on the offer of evidence in open court.[17]

1. The Rules of Court provides that "the court shall consider no evidence which has not been formally offered."[20] Failure to make a formal offer of evidence is deemed a waiver of the covered evidence. 2. Under A.M. No. 03-1-09-SC, each party is required to make his formal offer of evidence after the presentation of his last witness and the opposing party is required to immediately interpose his objection thereto. Thereafter the judge shall make the ruling on the offer of evidence in open court. However, the judge has the discretion to allow the offer of evidence in writing in conformity with Section 35, Rule 132.[21]

In making the offer, the counsel shall cite the specific page numbers of the court record where the exhibits being offered are found if attached thereto. The court shall always ensure that all exhibits offered are submitted to the court on the same day.[18] If the exhibits are not attached to the record, the party making the offer must submit the same during the offer of evidence in open court.[19]

3. Based on jurisprudence, a written offer of evidence can only be tolerated under Sec. 35 of Rule 132 in extreme cases where the object evidence or documents are large in numbersay from 100 and above, and only where there is unusual difficulty in preparing the offer. Moreover, the party asking for such concession should however file a motion, pay the filing fee, set the date of the hearing not later than 10 days after the filing of the motion,[22] and serve it on the address of the party at least

three (3) days before the hearing.[23] In short, it is a litigated motion and cannot be done ex parte.[24] 4. The Guidelines goes a step further -- it makes absolute the necessity of an oral offer of evidence by removing the court's discretion to allow a written offer of evidence. The removal of such discretion, while commendable in its intent to expedite the proceedings, may cause delays in cases involving voluminous documents. Other cases in the calendar may be prejudiced, or, considering the equal time allotted to each case under Par. A.5 (Calendar Call), the case will have to be reset for further oral offer of testimony.

Lack of Transcripts of stenographic notes

Pilot Guidelines (verbatim) Existing Rules and Comments

Incomplete or missing transcripts of stenographic notes is not a valid reason to interrupt or suspend the mandatory period for deciding a case.Judges who conducted the trial in a case and heard the testimonies of some or all of the witnesses shall not defer the submission of the case for judgment on this ground. In cases where the case was heard completely by another judge, the new judge tasked to write the decision shall be given 60 days from assumption to office to require the completion of transcripts before the case is deemed submitted for decision.[25]

Consolidations
Pilot Guidelines (verbatim) Existing Rules and Comments

Consolidation of cases shall only be allowed if both or all of the cases sought to be consolidated have not yet passed the pretrial or preliminary conference stage.[26]

In cases involving multiple accused where a later information is filed involving an accused who was subjected to further investigation by the Office of the City Prosecutor of Quezon City, over an incident which has the same subject matter as a prior Information/s against different accused, the later case when filed under cover of a motion for consolidation from the OCP-QC

shall no longer be raffled, but shall be assigned directly to the courtwhere the earlier cases are pending. If the earlier cases are already at the trial stage and witnesses have been presented by the prosecution, the prosecution shall be allowed to merely adopt the evidence so far presented against the new accused, subject to the latter's right to cross-examinethe said witnesses.[27] In civil cases, consolidation shall be granted only if there is identity of parties and issues in the affected cases. [28]

Inhibitions
Pilot Guidelines (verbatim) Existing Rules and Comments

Each party shall only be allowed to file one motion for inhibition in There is no limit to the number of motions for inhibition that can any case strictly on grounds provided for under Rule 137 of be filed under the Rules of Court. The apparent change under the Rules of Court.[29] the Guidelines is to limit each party to one motion for inhibition for the entire case, which means that a party who filed such a motion, even if denied, cannot re-file it against the same judge or file a similar motion against the subsequent judge.

Memoranda
Pilot Guidelines (verbatim) Existing Rules and Comments

After completion of trial, the court shall require the parties to submit their memoranda which shall not exceed 25 pages in length, single-spaced, on legal size paper, using size 14 font.[30]

1. The filing of a memorandum is meant to aid the court in judiciously resolving cases. This provision makes the filing of memorandum mandatory, whereas the Rules of Court leaves the requirement of filing of memorandum upon the discretion of the judge.

2. Section 5, Rule 30 of the Rules of Court provides that upon admission of evidence, the case shall be submitted for decision unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. Therefore, even in incidents when the court could render a decision without a memorandum, it has no other choice but to prolong the period to decide.

Free legal assistance

Pilot Guidelines (verbatim)

Existing Rules and Comments

If a party fails to qualify for the services of the Public Attorney's Office (PAO), the Integrated Bar of the Philippines Quezon City Chapter shall provide free legal assistance to the said party. For this purpose, the IBP-QC Chapter shall submit to the Executive Judges of the Quezon City trial courts, a list of IBPQC lawyers who may be appointed by the courts to act as counsel de oficio in such cases. The lists shall be disseminated among all the trial courts in the station.[31]

1. From the language of the provision, it is immaterial whether a party is an indigent/pauper litigant or not. A party of sufficient means can choose not to have a counsel de parte, apply with the PAO, and be assured that a counsel de oficio will be provided by the IBP-QC.

Guidelines for Civil Cases

Mediation, judicial dispute resolution, preliminary conference as mandatory parts of pre-trial
Pilot Guidelines (verbatim) Existing Rules and Comments

The order setting the case for pre-trial shall also include (a) a referral to the PMC for mandatory mediation proceedings in cases covered by the rule, and/or (b) a setting for judicial dispute resolution, as well as (c) a preliminary conference before the Branch Clerk of Court. The pre-trial properbefore the court must take place only after all the foregoing shall have been completed.[32]

The court shall strictly impose sanctions for non-appearance during mediation, judicial dispute resolution, and/or preliminary conference before theBranch Clerk as these are mandatory parts of pre-trial.[33] Courts must strictly comply with the Guidelines to be Observed in the Conduct of Pre-Trial under A.M. No. 03-1-09-SC.[34]

Motions relating to pre-trial matters

Pilot Guidelines (verbatim) Existing Rules and Comments

Motions relating to the following pre-trial matters shall be filed before the scheduled date of pretrial, otherwise they shall be barred:[35] i. Summary judgment and judgment on the pleadings

Under Rule 16 of the Rules of Court, in relation to the Omnibus Motion Rule under Section 8, Rule 15 of the Rules of Court, the following grounds are not waived even if not raised in a motion to dismiss or an

ii. Amendments to pleadings, including the adding or dropping of parties iii. Suspension of proceedings iv. Dismissals under Rule 16, save for lack of jurisdiction over the subject matter of the case (b) The courts must resolve said motions not later than 30 days after submission. Pre-trial proper shall only be conducted after such resolution.[36]

[[answer] with affirmative defenses: (1) lack of jurisdiction over the subject matter; (2)litis pendentia; (3) res judicata; and (4) prescription. However, in this case, the rule only recognizes lack of jurisdiction over the subject matter as a ground for dismissal of an action, even when such ground is not raised in a motion filed before pre-trial. Under Section 2 of Rule 16, the judge can,motu propio during the pre-trial, dismiss "the action should a valid ground therefor be found to exist". It would seem that the judge CANNOT dismiss an action, even if there is a clear case of res judicata, prescription or litis pendentia, simply because the party did not file the appropriate motion prior to pre-trial.

Affidavits in lieu of direct testimony

Pilot Guidelines (verbatim) Existing Rules and Comments

The direct examination of all witnesses shall be presented through Affidavits, preferably in question-and-answer format. Paragraphs shall be consecutively numbered for facility of reference.[37]

The Affidavits shall take the place of the witness' direct examination and no additional oral direct testimony shall be allowed by the court save for the witness' identification and confirmation of his Affidavit and its marking. The failure to submit such Affidavits on the date they are required to be submitted shall amount to a waiver of such submission and of the presentation of the witness/es concerned.[38] The party presenting the Affidavit shall serve a copy of the same on the adverse counsel and the court not later than five days before the scheduledpre-trial. He shall also attach thereto copies of all documents identified and referred to by the witness in the Affidavit which are intended to be marked in evidence.[39]

Cross-examination shall be conducted immediately after the confirmation of the Affidavit, and the testimony of the witness shall be completed on the same setting.[40]

Execution in appealed ejectment cases

Pilot Guidelines (verbatim) Existing Rules and Comments

In ejectment cases brought to the Regional Trial Court on appeal, where the latters decision has already become final and executory, a motion for execution of said decision shall be filed only with and resolved by the Metropolitan Trial Court which originally heard the case.[41]

Guidelines for Criminal Cases

Schedule of arraignment
Pilot Guidelines (verbatim) Existing Rules and Comments

The arraignment shall be set within seven days from receipt by the court of the case, for detained accused, and within 20 days from receipt by thecourt of the case, for nondetained accused.[42]

The court must set the arraignment of the accused in the commitment order, in the case of detained accused, or in the order of approval of bail, in any other case. For this purpose, where the Executive Judges and Pairing Judges act on bail applications of cases assigned to other courts, they shall coordinate with the courts to which the cases are actually assigned for scheduling purposes.[43] Notice of arraignment shall be sent to the private complainant or complaining law enforcement agent for purposes of plea bargaining, pursuant toRule 116, Section 1 (f) of the Rules of Court.[44]

Under Section 2(g) of Rule 116, unless a shorter period is provided by the Supreme Court, the accused must be arraigned within thirty (30) days from the time acquires jurisdiction over the person of the accused. The Guidelines provides for a shorter period seven (7) days from receipt of the case for detainees and twenty (20) days in case of non-detainees. Nevertheless, it appears that the arraignment may not proceed as scheduled in the event that the accused intends to plead guilty to a lesser offense and the complainant is not notified.

Suspension of arraignment

Pilot Guidelines (verbatim)

Existing Rules and Comments

Suspension of arraignment is allowed in the following instances: Courts shall strictly observe the general rule that there shall be no suspension of arraignment except for any of the three grounds stated in Rule 116, Section 11 of the Rules of Court.[45] i. The accused appears to be suffering from an unsound mental condition which effectively renders In case of suspension of arraignment by reason of a pending petition for review with the DOJ, no court shall allow a suspension beyond 60 days. In granting motions on this ground, the court shall already set the arraignment on the 61st day from the date of filing of the petition with the DOJ, or the nearest available trial date thereafter.[46] A motion for preliminary investigation shall only be granted where the accused was made subject to inquest proceedings, pursuant to Rule 112, Section 7 of the Rules of Court.[47] In cases where a motion for preliminary investigation or reinvestigation is granted by the court, the Office of the City Prosecutor of Quezon City shall complete the preliminary investigation or re-investigation, as the case may be, and submit its resolution to the court within 60 days from receipt of the order granting the motion for preliminary investigation or re-investigation. Upon lapse of the 60-day period without a resolution on the preliminary investigation or reinvestigation, the court shall proceed with the arraignment of the accused. In the order granting the motion for preliminary investigation or re-investigation, the court shall already set the arraignment of the accused.[48] The court shall not allow the deferment of arraignment on ground of absence of counsel de parte for the accused if a prior postponement for the same reason has been granted and both accused and counsel are duly notified of the arraignment. In such instances, the court shall appoint acounsel de oficio to assist the accused for arraignment purposes only.[49] him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental examination and, if necessary, his confinement for such purpose; ii. There exists a prejudicial question; and iii. A petition for review of the resolution of the prosecutor is pending at either the Department of Justice, or the Office of the President; provided, that the period of suspension shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office.[50]

Waiver of reading of the information

Pilot Guidelines (verbatim) Existing Rules and Comments

The court, upon personal examination of the accused, may allow Rule 116 of the Rules of Court requires the Information to be a waiver of the reading of the Information upon the express read before the accused shall enter his plea. understanding and intelligent consent of the accused and his counsel, which consent shall be evidenced in both the minutes/certificate of arraignment and the order of arraignment. The court shall ensure the accuseds full understanding of the consequences of the waiver before approving the same.[51]

Petitions for bail

Pilot Guidelines (verbatim) Existing Rules and Comments

Except in complex cases involving multiple accused and multiple offended parties, an application for bail shall be heard and resolved within 60 days from the date of the first hearing, and consistent with the rules, summary in nature, preferably requiring the submission by the prosecution of the affidavits of its witnesses with right of cross examination by the defense.[52]

In addition to the provisions of Rule 114, the Guidelines expressly requires petitions for bail to be resolved within sixty (60) days from the date of the first hearing, save for cases involving multiple accused.

Pre-trial
Pilot Guidelines (verbatim) Existing Rules and Comments

The court shall schedule the arraignment and pre-trial on the same date in all cases, except in cases which require mediation and/or judicial dispute resolution. The pre-trial proper in the latter cases must be scheduled immediately upon conclusion of mediation and/or judicial dispute resolution.[53]

This provision recognizes the existing practice of holding the arraignment and pre-trial on the same date.

If the arraignment and pre-trial will be conducted on separate dates, the setting of pre-trial and trial dates must be made during the arraignment.[54] The order setting the case for pre-trial shall also include (a) a referral to the PMC for mandatory mediation proceedings in cases covered by the rule, and/or (b) a setting for judicial dispute resolution, as well as (c) a preliminary conference before the Branch Clerk of Court, pursuant to A.M. No. 03-1-09-SC. The

pre-trial proper before the court must take place only after all the foregoing shall have been completed.[55] The court shall proceed with pre-trial despite the absence of the accused and/or private complainant provided they were duly notified of the same.[56] Courts must strictly comply with the Guidelines to be Observed in the Conduct of Pre-Trial under A.M. No. 03-1-09-SC.[57]

Affidavits in lieu of direct testimony

Pilot Guidelines (verbatim) Existing Rules and Comments

As a rule, testimony of witnesses in criminal cases shall be given orally in open court, except (a.1) when the parties agree to submit affidavits in lieu of oral testimony; and (a.2) to prove the civil liability.[58]

The Affidavits so submitted shall take the place of the witness' direct examination and additional oral direct testimony shall be allowed only upon the court's sound discretion. The failure to submit Affidavits on the date they are required to be submitted shall amount to a waiver of such submission and of the presentation of the witness/es concerned.[59] The party presenting the Affidavit shall serve a copy of the same on the adverse counsel and the court not later than five days before the scheduledpre-trial. He shall also attach thereto copies of all documents identified and referred to by the witness in the Affidavit which are intended to be marked in evidence.[60] Cross-examination shall be conducted immediately after the confirmation of the Affidavit, and the testimony of the witness shall be completed on the same setting.[61] Expert testimony shall always be given orally.[62]

Demurrer and submission of case for decision

Pilot Guidelines (verbatim) Existing Rules and Comments

Once the prosecution rests its case, the court must inquire from the accused whether he will file a demurer to evidence or he will no longer presentevidence, and then act accordingly.[63]

1. Under Section 23 of Rule 119, the court may, motu propio or on its own, dismiss the case the ground of insufficiency of evidence after duenotice and hearing. The provision is not reproduced in the Guidelines. It thus appears that courts may no longer dismiss a criminal case motu proprio. 2. Courts in must now inquire whether the accused intends to file a demurrer to evidence or he will no longer present evidence. 3. Under the Rules of Court, the accused has a non-extendible

When the defense rests its case, unless the prosecution expressly moves to present rebuttal evidence, the court shall require the parties to submit their memoranda and in the same order, schedule the date of promulgation of the judgment, within the period required by the law or the rules.[64]

period of five (5) days from the time the prosecution rests its case to move for leave of court to file demurrer to evidence.

Private prosecutors
Pilot Guidelines (verbatim) Existing Rules and Comments

In cases where the civil liability is being prosecuted by a private counsel, a written authority from the Office of the City Prosecutor of Quezon City in favor of the Private Prosecutor, to try the case even in the absence of the Public Prosecutor, must be submitted to the court no later than the pre-trial stage. With this authority on record, the court may set trial in this case and other cases being tried by Private Prosecutors with delegated authority, on a separate day when the presence of the Public Prosecutor may be dispensed with.[65]

This is a restatement of Rule 110, Section 5, with the addition that the written authority must be submitted no later than the pretrial stage. However, this does not address the situation when the need for a private prosecutor arises during the trial or if the private prosecutor previously authorized in writing withdraws from the case and another private prosecutor takes over.