Rule 18 schedule the continuance of the preliminary Sec. 2.

Nature and
PRE-TRIAL conference. This rule applies to Metro Manila, Cebu, purpose. The pre-trial is
Pre-trial is a mandatory conference and personal Davao City and other places where Philippine mandatory.
confrontation before the judge between the parties Mediation Center Units may be further organized and The court shall
and their respective counsels before the trial to designated (Administrative Circular No. 202002, consider:
consider the purposes enumerated in Section 2. March 24, 2002; Administrative Circular No. 50-2005,
April 26, 2005). (a) The
Why mandatory- possibility of an
How is pre-trial called? amicable settlement
It is mandatory for the trial court to conduct pre-trial in civil or of a submission to
cases in order to realize the paramount objective of Section 1. When alternative modes of
simplifying, abbreviating, and expediting trial. In light conducted. After the last dispute resolution;
of these objectives, the parties are mandatorily required to pleading has been (b) The
submit their respective pre-trial briefs. Failure of the parties served and filed, it shall simplification of the
to do so is a ground for dismissal of the action with prejudice, be the duty of the issues;
unless otherwise ordered by the court. (Dr. Emmanuel Vera plaintiff to promptly (c) The
vs. Ernesto F. Rigor and CA, GR No. 147377, August 10, move ex parte that the necessity or
2007) case be set for pre-trial. desirability of
(5a, R20) amendments to the
Concept of pre-trial pleadings;
Pre-trial is a procedural device by which the Court is called In civil actions, after the last pleading has been (d) The
upon after the filing of the last pleading to compel the filed (Reply or Answer) the plaintiff is duty bound to possibility of
parties and their lawyers to appear before it, and negotiate move promptly and ex parte that the case be set for obtaining
an amicable settlement or otherwise make a formal pre-trial. stipulations or
statement and embody in a single document the issues of The ex-parte motion to set case for pre-trial is admissions of facts
fact and law involved in the action, and such other matters to be made by the plaintiff after the last pleading and of documents to
as may aid in the prompt disposition of the action, such as that has been served and filed (Sec. 1). Specifically, avoid unnecessary
the number of witnesses the parties intend to the motion is to be filed within five (5) days proof;
present, the tenor or character of their testimonies, their after the last pleading joining the issues has (e) The
documentary evidence, the nature and purpose of each of been served and filed (Administrative Circular No. limitation of the
them and the number of trial dates that each will need to 3-99, January 15, 1999). If the plaintiff fails to number of witnesses;
put on his case. One of the objectives of pre-trial procedure file said motion within the given period, the (f) The
is to take the trial of cases out of the realm of surprise and branch clerk of court shall issue a notice of advisability of a
maneuvering. (Permanent Concrete Products, Inc. vs. pre-trial (A.M. No. 03-1-09-SC, July 13, 2004). preliminary reference
Teodoro, G.R. No. 29776, November 29, 1968, 26 SCRA 332) of issues to a
Meaning of last pleading. commissioner;
Pre-trial also lays down the foundation and structural (g) The
framework of another concept, that is, the continuous trial The last permissible pleading that a party propriety of
system. (Circular No. 1-89, Administrative Circular No. 4, can file is the reply to the answer to the last rendering judgment
September 4, 1988) Pre-trial is mandatory but not pleading asserting a claim. The claim could be on the pleadings, or
jurisdictional. (Martinez vs. de la Merced, G.R. No. 82309, the original complaint, the counterclaim, the summary judgment,
June 20, 1989, 174 SCRA 18) cross-claim or the 3rd Party Complaint. If an or of dismissing the
answer is filed and served in response to these action should a valid
claims, the pleading in response to these answers is ground therefor be
the reply (Sarmiento vs. Juan 120 SCRA 403) which found to exist;
is to be filed within 10 days from the service of the (h) The
pleading responded to (Sec. 6 R 11). advisability or
In all criminal cases cognizable by the Sandiganbayan, necessity of
First Level and Second Level courts, pre-trial is also When the last pleading has not yet been suspending the
mandatory (Sec. 1 R 118). served and filed, the case is not yet ready for proceedings; and
pre-trial (Pioneer Insurance & Surety Corporation v. (i) Such other
A pre-trial conference is likewise mandatory in both Hontanosas 78 SCRA 439). However, the last matters as may aid in
civil and criminal cases under the Rules on Summary pleading need not be literally construed as the prompt
Procedure (Sec. 7, Sec. 14, 1991 Rule on Summary one having been served and filed. For purposes disposition of the
Procedure). of the pre-trial, the expiration of the period for action. (1a, R20)
filing the last pleading without it having been
Referral to the Philippine Mediation Center served and filed is sufficient (Sarmiento v.
Juan, supra). (a) THE POSSIBILITY OF AN AMICABLE
At the start of the preliminary conference, the judge is SETTLEMENT OR OF A SUBMISSION
mandated to refer the parties and/or their counsels to the TO ALTERNATIVE MODES OF
mediation unit of the Philippine Mediation Center (PMC) for DISPUTE RESOLUTION
purposes of mediation. If mediation fails, the judge will
Judgment; compromise agreement. Now, assuming that the parties cannot settle
at the pre-trial stage, does it mean to say that the
Land Bank of the Philippines v. Heirs of Spouses Jorja pre-trial was a failure? NO, go to [b] to [i] on other
Rigor Soriano and Magin Soriano, G.R. No. 178312. ways to hasten the trial.
January 30, 2013
There is no question that the foregoing Agreement was a (b) THE SIMPLIFICATION OF THE ISSUES
compromise that the parties freely and voluntarily entered
into for the purpose of finally settling their dispute in this Based on the answers filed, issues will be
case. Under Article 2028 of the Civil Code, a compromise is a simplified or lessened/reduced to the most important
contract whereby the parties, by making reciprocal and relevant ones.
concessions, avoid a litigation or put an end to one
already commenced. Accordingly, a compromise is either (c) THE NECESSITY OR DESIRABILITY OF
judicial, if the objective is to put an end to a pending AMENDING THE PLEADINGS;
litigation, or extrajudicial, if the objective is to avoid
a litigation. As a contract, a compromise is perfected by Take note that there is already a complaint
mutual consent. and answer and yet during the pre-trial, the parties
can still amend their complaint or answer. That
However, a judicial compromise, while immediately means that amendments of pleadings are favored
binding between the parties upon its execution, is even at this stage. Amendment is necessary which is
not executory until it is approved by the court and favored by the liberality principle, to adjudicate the
reduced to a judgment. case upon proper merits.
The validity of a compromise is dependent upon its
compliance with the requisites and principles of Amendment and pre-trial
contracts dictated by law.
INSURANCE CO. OF
Also, the terms and conditions of a compromise must NORTH AMERICA vs.
not be contrary to law, morals, good customs, public REPUBLIC
policy and public order. 21 SCRA 887
BAR PROBLEM: Suppose A
Remember that the policy of the law in civil cases is sued B. After pre-trial, it was
settlement to save time and expense. determined that there was a
necessity for amending the
There was an article where it says that one of the best complaint. It was amended. Is
gauge of a good lawyer is not that he has many cases, but there a need for a new pre-trial
that he knows how to settle a case because he saves his for the amended complaint?
client from a lot of trouble. While a bad lawyer is one whose ANS: Where a pre-trial has
cases always end up in trial he has many cases and he already been had, the fact that an
does not have the time anymore to study each cases. So, amended complaint is filed, does
he ends up inefficient. not mean the need for a new pre-
trial. Pre-trial is not mandatory.
As a matter of fact, even Abraham Lincoln who was a Exception to this is when the
lawyer and became one of the best presidents of the United parties agree to conduct
State, gave an advice to lawyers: Discourage litigation. another pre-trial.
Persuade your neighbors to compromise whenever you can.
Point out to them how the nominal winner is often a real (d) STIPULATION OF FACTS
loser in fees, expenses and waste of time. As a peacemaker,
the lawyer has a superior opportunity of being a good man Stipulation of facts means we can agree on
there will still be business enough. Meaning, if you are a some facts and there is no need of proving them in
lawyer, you have a strong influence to convince your client court because we already agreed. Such will hasten
to settle the problem with his opponent. You do not have to the trial because matters validly agreed upon can be
worry about losing fees for there are still cases to come. dispensed with (e.g., size of the land, improvements
Even if you will come out the winner in the case, you are still thereon, stipulations, due execution of documents,
the loser in terms of waste of time, money and effort. etc.)
of a submission to alternative modes of Now, while the law encourages
dispute resolution. how to dispose of the case without stipulation of facts, courts cannot compel the
passing thru court proceedings, like arbitration, barangay parties to do stipulate facts under the threat of
conciliation, mediation. dismissal. In the 1988 case of:
FILOIL MARKETING
CORP. vs. DY PAC & CO.
160 SCRA 333
HELD: There is no law
which compulsorily requires
litigants to stipulate at pre-trial
on the facts and issues that
may possibly crop up in a
particular case, upon pain of
dismissal of such case. The
process of securing admissions
whether of facts or evidence is
essentially voluntary, since
stipulations of facts, like
contracts, bind the parties
thereto who are not allowed to
controvert statements made
therein.
When the parties are
unable to arrive at a
stipulation of agreed facts, the
court must close the pre-trial
and proceed with the trial of
the case.
(e) THE
LIMITATION OF THE
NUMBER OF
WITNESSES;
(f) THE ADVISABILITY OF A PRELIMINARY
REFERENCE OF ISSUES TO A COMMISSIONER;
This refer to Rule 32 the title of which is
Trial by Commissioners. A commissioner is a
person who may be appointed by a judge to
assist the court in determining certain issues.
EXAMPLE: Two people dealing with each
other ended up suing each other because
according to plaintiff, You secured these
amounts from me and ito lang ang binayad mo.
So, may utang ka pa. But defendant said, No,
no, no! Based on my record, overpaid pa ako.
That can happen where there has be confusion
already on the invoices and receipts. Now, if we
will try this case in court it will take time because
you have to present to the judge every receipt,
every invoice. And these invoices may number
by hundreds. And what is worse is that the
judge is not an accountant so he will have a hard
time reconciling these receipts and invoices.
Suppose the judge will say, Alright, since
this is a matter of accounting, I will appoint a
CPA to assist me. You can choose whoever this
accountant or he may be appointed by this
court. Then you go to him and present all your
documents. And then he will now analyze and
then submit to me his findings. Based on his
findings we will find out whether the defendant still owes the
plaintiff or there is no more utang.
That is what you call, reference of issues to a
commissioner. That will shorten the proceedings because if
the judge will go over the documents one by one it will take
time.
EXAMPLE: A boundary dispute between two
neighboring landowners. Plaintiff says, Your fence has
already encroached on my property. Defendant answers,
No, no, no. This is the boundary. So bakbakan na naman
kayo. The court will ask, Is it true you encroached on his
property? How will the court know that? I think that is very
technical. It is a geodetic engineer surveyor to resolve the
issue. He will plot the measurement and then he will submit
a sketch. Then we will find out if there is an encroachment
or not.
As far as the judge is concerned, he does not know
anything about description of the land, he is not a surveyor,
not a geodetic engineer. So it will be faster if a geodetic
engineer surveyor will be appointed. What do you call this
surveyor? He is a commissioner.
(g) THE PROPRIETY OF RENDERING JUDGMENT ON
THE PLEADINGS, OR SUMMARY JUDGMENT, OR OF
DISMISSING THE ACTION SHOULD A VALID GROUND
THEREFORE BE FOUND TO EXIST;
(h) THE ADVISABILITY OR NECESSITY OF SUSPENDING
THE PROCEEDINGS;
This means that the case will be suspended, nothing
will happen in the meantime. This is not dismissal. The case
will just be held in abeyance.
Rule 20, Section 8 on suspension of actions.
Sec. 8. Suspension of actions.
- The suspension of actions
shall be governed by the
provisions of the Civil Code. (n)
Section 8 points to Article 2030 of the New Civil Code:
Art. 2030. Every civil
action or proceeding shall be
suspended:
1. If willingness to
discuss a possible compromise
is expressed by one or both
parties; or
2. If it appears that
one of the parties, before the
commencement of the action or
proceeding, offered to discuss a
possible compromise but the
other party refused the offer.
The duration and terms of
the suspension of the civil
action or proceeding and
similar matters shall be
governed by such
provisions of the rules of
court as the Supreme
Court shall promulgate.
Said rules of court shall
likewise provide for the
appointment and duties
of amicable
compounders.
So a civil action may be suspended if at any
time one of the parties offered to discuss a possible
compromise because the policy of the law is to have
civil cases settled between the parties amicably. Let
the parties talk among themselves to come up with
the possibility of amicable settlement even if one of
the parties refuse to accept such an offer.
(i) SUCH OTHER MATTERS AS MAY AID IN THE
PROMPT DISPOSITION OF THE ACTION.
That is very broad any other matter, which
will hasten the case. Anything under the sun can fall
under this.
PURPOSE OF A PRE-TRIAL
A review of Section 2 will show that the
primary purpose of a pre-trial is how to end the case
immediately because of amicable settlement. If the
parties can settle, then there is no need to proceed
to trial. But if for valid or serious reason they cannot
settle, because the court can only encourage and not
force a settlement, then they shall proceed with the
pre-trial to find out if we can have the case tried
speedily and decided immediately by talking about
other things like amending the pleadings, stipulation
of facts, admission of documents to avoid
unnecessary proofs, limitation in the number of
witnesses. So if we cannot settle, we can talk of
other things to speedily terminate the case. Instead
of trying the case for two years, we can probably
finish in six months.
DEVELOPMENT BANK vs.
COURT OF APPEALS
169 SCRA 409
NOTE: This case penned by
Justice Narvasa, is practically all
about pre-trial. It is actually the
bible on pre-trial. And this is what
exactly Justice Narvasa said:
HELD: Everyone knows
that a pre-trial in civil actions is
mandatory, and has been so since
January 1, 1964 (effectivity of the
Revised Rules of Court). Yet to
this day its place in the
scheme of things is not fully
appreciated, and it receives
but perfunctory treatment in
many courts [Meaning, it is
only complied with for the
sake of compliance.] Some
courts consider it a mere
technicality, serving no useful
purpose save perhaps,
occasionally to furnish ground
for non-suiting the plaintiff, or
declaring a defendant in
default, or, wistfully, to bring
about a compromise. The pre-
trial device is not thus put to
full use. Hence it has failed in
the main to accomplish the
chief objective for it: the
simplification, abbreviation
and expedition of the trial, if
not indeed its dispensation.
This is a great pity, because
the objective is attainable, and
with not much difficulty, if the
device were more intelligently
and extensively handled.
The Supreme Court noted the inability of
trial judges to properly apply and appreciate the
value of Rule 18.
Sec. 3. Notice of
pre-trial. The notice of
pre-trial shall be
served on counsel, or
on the party who has
no counsel. The
counsel served with
such notice is
charged with the
duty of notifying the
party represented by
him. (n)
This is in compliance with Rule 13. Notice
should be served on counsel or to the party who
has no counsel. Under the PRIOR RULE, the
procedure was, there must be notice to lawyer
and notice to the party but NOW the rule is,
notice to the counsel is now notice to the party.
Notice is so important that it would be
grave abuse of discretion for the court for
example, to allow the plaintiff to present his
evidence ex parte for failure of the defendant to
appear before the pre-trial who did not receive
through his counsel a notice of pre-trial.
Accordingly, there is no legal basis for a court to
consider a party notified of the pre-trial and to
consider that there is no longer a need to send notice of pre- Sec. 4. Appearance Note: written authority must be
trial merely because it was his counsel who suggested the of parties. It shall be the in the form of a Special Power of
date of pre-trial (Agulto v. Tecson 476 SCRA 395) duty of the parties and Attorney. If the party is a corporation
their counsel to appear the SPA must be supported by a
ARCILLA vs. ARCILLA at the pre-trial. The non- board resolution (Riano, 2007, p. 306)
138 SCRA 560 appearance of a party
may be excused only if a Note: The mere presentation of
FACTS: There was a pre-trial valid cause is shown such written authority is not
conference on July 29, where all the therefor or if a sufficient, but must be complemented
parties are notified through their lawyers representative shall by a showing of valid cause for the
pursuant to Section 3. They appeared but appear in his behalf fully non-appearance of the party himself.
somehow the pre-trial was terminated on authorized in writing to
July 29. The court decided to reset the enter into an amicable
pre-trial on Oct. 2. The parties agreed. settlement, to submit to EFFECTS OF FAILURE TO APPEAR IN PRE-
Normally, the procedure is, when that alternative modes of TRIAL
happens, there will be another written dispute resolution, and
notice. There should be another written to enter into stipulations Sec. 5. Effect of
notice sent to the lawyers and parties. or admissions of facts failure to appear. The
In this case, no such written notice and of documents. (n) failure of the plaintiff
was issued. On Oct. 2, the defendant did to appear when so
not appear. With that, he was declared to There must be notice of pre-trial, which will be required pursuant to
have lost his rights to present his side. He issued after you comply with Section 1. Then there the next preceding
was considered in default (true under the will be a schedule. The notice will be served upon section shall be
old rules). He questioned the order on the counsel or upon a party, assuming that he is not cause for dismissal of
the ground that he did not receive any represented by a lawyer. The counsel served with the action. The
notice on the Oct. 2 pre-trial conference. such notice is charged with the duty of notifying the dismissal shall be
Therefore, all subsequent proceedings, party represented by him. with prejudice,
including the judgment rendered against unless otherwise
the defendant were void. Is he correct? Appearance of parties and counsel ordered by the court.
A similar failure on
HELD: At first blush, petitioners Under Section 4, it shall be the duty of both the part of the
aforesaid contention appears very tenable, the parties and their counsel to appear at the defendant shall be
for indeed it is settled that a declaration trial. Meaning, the appearance of the lawyer cause to allow the
of default, in the absence of a notice of alone, unless he is duly clothed with pre-trial plaintiff to present
pre-trial constitutes denial of due process. authority from his client, is not sufficient. his evidence ex parte
But a deeper examination of the pleadings and the court to
and the record of the case would show Section 3 says a counsel served with such notice is render judgment on
that petitioner was present during the pre charged with the duty of notifying the party the basis thereof. (2a,
trial conference on July 29, 1975 when represented by him. That is new provision. R20)
the lower court re-set the pre-trial to
October 2, 1975. On the said date, When appearance of a party is not necessary: If the PLAINTIFF fails to appear, his
however, although notified, both case will be dismissed for not appearing.
petitioner and his counsel did not appear, Again, the RULE is: Both the lawyer and the party And as a rule, the dismissal is with
hence, the declaration of default. should appear in the pre- trial. Appearance of counsel prejudice except when the court orders
is not enough because the first purpose of pre- trial is otherwise. It has the same effect as Rule
So when the lower court reset the pre-trial on Oct. 2, the possibility of an amicable settlement. 17, Section 3: Failure to appear during the
the defendant who ratified VERBALLY earlier, he failed to trial for the presentation of his evidence-
appear that is why he was penalized under Section 5. When Non- appearance of a party may be in-chief.
the court reset the pre-trial, he agreed. He already knew. EXCUSED only if:
Notification need not be too technical. Despite the lack of a Generally the dismissal is with prejudice, or an
written notice, the defendant was penalized in the ARCILLA 1. a valid cause is shown therefor adjudication upon the merits so res adjudicata
case. and applies.
2. A representative shall appear in
Under the present rules the court cannot his behalf fully authorized in writing (e.g. The old rule was that the plaintiff will be
declare anymore an answering defendant in default if SPA) to: declared non- suited. NOW, it shall be a cause
he fails to appear during the pre-trial conference a. enter into an amicable for dismissal of the action.
despite due notice. The consequence of such non- settlement;
appearance is that the plaintiff will be allowed to b. submit to alternative modes of Q: Is there any difference between non-
present ex-parte. dispute resolution; and suited and dismissal of action?
c. enter into stipulations or A: There is suppose to be a difference
admissions of facts and of documents. based on the case of
 BA FINANCE CORP. vs. COURT The order of the court allowing the
OF APPEALS plaintiff to present evidence ex-parte does not
224 SCRA 163 [OBSOLETE!] dispose of the case with finality. The order is
therefore, merely interlocutory hence, not
HELD: When the defendant moves appealable. Under Sec. 1 of Rule 41, no appeal
to dismiss the case, then you are also may be taken from an interlocutory order. The
killing your counterclaim. If you are, the defendant who feels aggrieved by the order may
defendant you should not move for the move for the reconsideration of the order and if the
dismissal. You only move to declare the denial is tainted with grave abuse of discretion, he
plaintiff as non-suited because when the may file a petition for certiorari.
plaintiff is non- suited, he is barred from
proving his cause of action but the case is JUNGCO vs. COURT OF
not dismissed. Since the case is not APPEALS
dismissed, it is like the plaintiff who is in 179 SCRA 213 [1989]
default.
HELD: Under Rule 9 on
It does not anymore apply because now, you can have default, if you are declared in
the case dismissed but your counterclaim is still alive. So, the default, you only file a motion to
ruling in BA FINANCE CORP. is now OBSOLETE. lift the order of default and you
have to allege that you have a
Remedy of the plaintiff in case of dismissal for his meritorious defense. But in
failure to appear- Rule 18, when you file a
Since the dismissal is with prejudice or an adjudication motion, it is a simply a
upon the merits of the case, the remedy of the plaintiff is to motion for reconsideration
appeal from the order of dismissal. An order dismissing where you will state the
an action with prejudice is appealable. Under the rules, it is reason why you failed to
only when the dismissal is without prejudice that appeal appear and ask that the
cannot be availed of (Sec. 1[g] R 41). Since appeal is order be reconsidered and
available, certiorari is not the remedy because the that the judgment be set
application of a petition for certiorari under Rule 65 aside.
of the Rules is conditioned upon the absence of Under Rule 18, there is
appeal or any plain, speedy and adequate remedy no use to say that you have a
(Sec. 1 R 65). meritorious defense because
you have already filed an
Effect of failure of the defendant to appear- answer. The defense is already
there. Unlike in defaulted
If it is the DEFENDANT who failed to appear, the law says, it defendant, the court has no idea
shall be a cause to allow the plaintiff to present his what is your answer kaya nga
evidence ex-parte and for the court to render you must convince the court that
judgment on the basis thereof. you have a meritorious defense.
You will notice that if it is the defendant who failed to Procedure when the court grants the
appear under the old law, he will be considered as in default. defendants motion for reconsideration;
NOW, the word default is avoided. The non-appearance of reverting to pre-trial stage the exception
defendant during the pre-trial is not a ground to declare him
in default. Instead the rule says, it shall be a cause to allow Assuming that the plaintiff is already presenting
the plaintiff to present his evidence ex parte and the court to evidence, and the defendant filed a motion for
render judgment on the basis thereof. That is the same reconsideration. The court reconsidered and recalled
effect as the old rule. the plaintiffs ex-parte presentation of evidence. Do
they have to go back to pre-trial.
Q: Why is the new rules avoiding the word default?
A: Because, strictly you cannot really have the GENERAL RULE: NO. (DBP vs. CA, 169 SCRA
defendant declared in default when he has filed an answer. 409)
EXCEPTION: YOUNG vs. CA, 204 SCRA
Remedy of the defendant from the order of the 584
court allowing the plaintiff to present evidence ex-
parte- General Rule:
DEVELOPMENT BANK vs.
Motion for reconsideration or certiorari- Appeal COURT OF APPEALS
not available- 169 SCRA 409 [1989]
HELD: When a pre-
trial is terminated, you do
not go back to it. The court
shall let the plaintiff
continue and just let the
defendant cross-examine
the plaintiffs witnesses.
As a general rule a second
pre-trial cannot be granted,
the remedy instead is to go
to trial.
Exception: YOUNG vs.
COURT OF APPEALS
204 SCRA 584 [1991]
HELD: The pre-trial
stage is completed after a
party had been ordered non-
suited and the complaint is
dismissed or after the court
allows the plaintiff to present
his evidence ex-parte. The
order lifting it does not revert
the action to its pre-trial stage,
or authorize, much less, a
second pre-trial UNLESS the
parties themselves had
voluntarily agreed that the
case be set anew for pre-
trial. Neither the Rules nor
the doctrine bars the parties
from agreeing, after such
lifting, to hold a pre-trial and
to effectively accomplish its
objectives.
Note: Section 4, Rule 18 imposes the duty on
litigating parties and their respective counsel to
appear during pre-trial. The provision also
provides for the instances where the non-
appearance of a party may be excused. Nothing,
however, in Section 4 provides for a
sanction should the parties or their
respective counsel be absent during pre-
trial. Instead, the penalty is provided for in
Section 5. Notably, what Section 5 penalizes
is the failure to appear of either the
plaintiff or the defendant, and not their
respective counsel (Paredes vs. Verano, G.R.
No. 164375, October 12, 2006).)
PRE-TRIAL BRIEF
Sec. 6. Pre-trial
brief. The parties shall
file with the court
and serve on the
adverse party, in
 such manner as shall ensure
their receipt thereof at least
three (3) days before the date
of the pre-trial, their respective
pre-trial briefs which shall
contain, among others:
(a) A statement of their
willingness to enter into
amicable settlement or
alternative modes of dispute
resolution, indicating the
desired terms thereof;
(b) A summary of
admitted facts and proposed
stipulation of facts;
(c) The issues to be tried
or resolved;
(d) The documents or
exhibits to be presented,
stating the purpose thereof;
(e) A manifestation of
their having availed or their
intention to avail themselves of
discovery procedures or
referral to commissioners; and
(f) The number and
names of the witnesses, and
the substance of their
respective testimonies.
Failure to file the pre-trial
brief shall have the same effect
as failure to appear at the pre-
trial. (n)
This is a new provision not found in the 1964 Rules.
However, the requirement of a pre-trial brief is not new
because this was a requirement in SC Circular No. 1-89
which was issued on January 19, 1989. The submission of
pre-trial briefs by lawyers has been required by that Circular.
This circular is now incorporated.
Take note that at least three (3) days before the date
of pre-trial the parties lawyers should file pre-trial briefs to
be furnished to each other. In that brief, you summarize
everything covered by your pleadings. The court, instead of
reading the pleadings and answer, will read only the
document where you condensed everything. It contains:
Cause of action; defenses; issued to be tried; admitted facts;
facts you believe should be stipulated; the documents or
exhibits you would like to present; or who are the witnesses
and what are they going to testify, etc. Thats a summary of
everything that is going to happen from the beginning of the
trial up to the end.
Importance of identification and marking of
evidence during the pre-trial-
It is vital to have documents and exhibits identified
and marked during the pre-trial. The current rule
establishes the policy that no evidence shall be
presented and offered during the trial in support of a
partys evidence-in-chief other than those that had
been earlier identified and pre-marked during
the pre-trial, except if allowed by the court for
good cause shown (A.M. No. 03-1-09-SC, July 13,
2004)
Legal effect of representations and
statements in the pre-trial brief
The parties are bound by the
representations and statements in their
respective pre-trial briefs (A.M. 03-1-09-SC,
July 13, 2004). Hence, such representations and
statements are in the nature of judicial
admissions in relation to Sec. 4 R 129)
Effect of failure to file a pre-trial brief
Last paragraph, Failure to file the pre-trial
brief shall have the same effect as failure to
appear at the pre-trial conference. So, if it is
the PLAINTIFF who failed to file a pre-trial brief, his
complaint may be ordered dismissed. If it is the
DEFENDANT who failed to file a pre-trial brief, that
would be a cause for the court to allow the plaintiff
to present his evidence ex-parte.
The dismissal of the complaint for failure
to file pre-trial brief is discretionary on the
part of the trial court (Ramos v. Spouses
Lavendia, GR 176706, October 8, 2008).
Summary of instances where the PLAINTIFF
may be penalized by the court with dismissal
of his complaint:
1.) Where plaintiff fails to appear
during the presentation
of his evidence-in-chief
to prove his cause of
action (Rule 17, Section
3);
2.) Failure to appear in the pre-
trial conference (Rule
3.) Failure to file a pre-trial brief
(Rule 18, Section 6)
Summary of instances when the DEFENDANT
can be penalized by the penalty that plaintiff
be allowed to present his evidence ex parte
and judgment be rendered based purely on
such evidence:
1.) Failure to file an answer under
Rule 9 on Default;
2.) Failure to appear in a pre-trial
conference (Rule 18, Section
5);
3.) Failure to file a pre-trial
brief (Rule 18, Section 6)
No termination of pre-trial for failure
to settle-
The judge should not allow the termination
of pre-trial simply because of the manifestation
of the parties that they cannot settle the case.
Instead, he should expose the parties to the
advantages of pre-trial. He must also be mindful
that there are important aspects of the pre-trial
that ought to be taken up to expedite the
disposition of the case (A.M. No. 03-1-09-SC July
13, 2004).
If all efforts to settle fail, the trail judge
shall endeavor to achieve the other purposes of a
pre-trial like, among others, obtaining admissions
or stipulations of fact. To obtain admissions, the
judge shall ask the parties to submit whatever
depositions have been taken under R 23 and the
answers to written interrogatories under R 25
and the answers to request for admission by the
adverse party under R 26. He may also require
the production of documents or things requested
by a party under R 27 and the results of the
physical and mental examination under R 28
(ibid).
Principles involved in Compromise
Agreements
The authority to compromise
litigation is not mandatorily required to be
in writing. The vital thing is that the
authority was made expressly. The
authority to compromise if not in writing
may be established by evidence.
Compromise agreements entered into
without authority are not void but
unenforceable and may be ratified (Lim Pin
vs/ Liao Tan, GR No. L-47740, July 20,
1982)
Other matters to be considered by the
court-
The court shall ask the parties to agree on
the specific dates for continuous trial, adhere to
the case flow chart determined by the court and
use the time frame for each stage in setting the
trial dates. Adherence to the One Day
Examination of Witness Rule shall be
required where the witness shall be fully
examined in one day only, subject to the courts
discretion during the trial on whether or not to
extend the examination for justifiable reasons.
Where no settlement has been effected, the
court shall follow the Most Important Witness
Rule, where the court shall determine the most important
witnesses and limit the number of such witnesses and
require the parties and/or counsels to submit to the branch
clerk of court the names, addresses and contact numbers of
the witnesses to be summoned by subpoena. Note however,
that the court may also refer the case to a trial by
commissioner under R 32 (ibid).
Questions are to be asked by the judge
During the pre-trial, the judge shall be the one to ask
questions on issues raised by the parties and all questions or
comments by counsel or parties must be directed to the
judge to avoid hostilities between the parties (ibid).
Sec. 7. Record of pre-trial.
The proceedings in the pre-trial
shall be recorded. Upon the
termination thereof, the court
shall issue an order which shall
recite in detail the matters
taken up in the conference, the
action taken thereon, the
amendments allowed to the
pleadings, and the agreements
or admissions made by the
parties as to any of the matters
considered. Should the action
proceed to trial, the order shall
explicitly define and limit the
issues to be tried. The contents
of the order shall control the
subsequent course of the
action, unless modified before
trial to prevent manifest
injustice. (5a, R20)
According to section 7, after a pre-trial conference is
terminated, the court will issue what is known as pre-trial
order. That is now expressly required by the rules.
Pre-Trial Order
This order of the court is issued upon the termination
of the pre-trial. Under A.M. No. 03-109-SC dated July 13,
2004, the pre-trial order shall be issued within ten (10)
days after the termination of the pre-trial. This order
recites in detail the following:
(a). A statement of the nature of the case;
(b) The matters taken up in the conference;
(c) the action taken thereon;
(d) the amendments allowed to the pleadings;
and
(e) the agreements or admissions made by the
parties as to any of the matters considered (Sec. 7)
including testimonial and documentary evidence.
These admissions embodied in the pre-trial order are
binding upon the parties and conclusive upon them
(Heirs of Conahap v. Regana 458 SCRA 741).
(f) the issues involved, factual and legal;
(g) number of witnesses; and
(h) the dates of trial.
Significance of the Pre-Trial Order-
Another important point to remember about
the pre-trial order is stated in the rule thus: Should
the action proceed to trial, the order shall
explicitly define and limit the issues to be tried.
The contents of the order shall control the
subsequent course of the action, unless
modified before trial to prevent manifest
injustice.
The other exceptions, i.e., matters not in
the order but may be considered and tried
before the court are:
1. issues impliedly included in the issues
stated or inferable therefrom by necessary
implication (Velasco vs. Apostol, GR No. 44588,
May 9, 1989) and
2. amendment to conform to evidence
under Rule 10 Sec. 5)
A party is deemed to have waived the
delimitations in a pre-trial order if he failed to object
to the introduction of evidence on an issue outside of
the pre-trial order, as well as in cross-examining the
witness in regard to said evidence.
It may be an ordinary sentence but the effect
of that is terrible.
Suppose here is the complaint and it is
answered. Based on the complaint and the answer,
you can determine the issues based on the
admissions and denials in the answer. For instance,
there are five issues, they are to be stated in a pre-
trial brief. During the pre-trial conference, the court
may reject other issues which are not important with
the agreement of the parties. Thus, there may be
only one real issue like whether or not the loan has
been paid. The court may then issue a pre-trial
order containing such issue. The defendant may
have also several defenses in his answer. After the
pre-trial order is issued, such order should be
followed. Forget the complaint and the answer.
In effect, the complaint and the answer have
already been superseded by the pre-trial order. This
section in effect says that the pre-trial order
supersedes the pleadings.
That is why the case of DBP vs. CA, supra,
where the Court through Justice Narvasa,
emphasized the importance of a pre-trial. The Court
noted that if there is a pre-trial order because the
judge followed Rule 18 religiously, during the trial
the judge will not have a hard time in determining
what is the issue to be resolved. Everything is to be
based on the pre-trial order.
There was a case years ago, Plaintiff vs.
Defendant. Banggaan ba. In a vehicular collision,
the plaintiff is claiming damages from the defendant.
His allegations naturally would point out that all
fault and negligence is caused by the defendant.
As usual, when the defendant files his answer, he
is denying that. As a matter of fact, he will claim
that the one negligent is the plaintiff. Chances
are, since his vehicle was also damaged, the
defendant will file a counterclaim. So, pasahan
yan!
What happened in the pre-trial conference
is that, the lawyers were asked to define the
issues. The plaintiffs lawyer asked the
defendants lawyer to define the issues: (1.) Is
the plaintiff liable for actual damages on
defendants counterclaim? (2.) Is the plaintiff
liable to the defendant on his counterclaim for
exemplary damages? (3.) Is plaintiff liable to the
defendant on his counterclaim for attorneys fees
and expenses for the litigation?
So, those were the issues. The plaintiffs
lawyer, siguro hindi nakikinig ba. Judge asked,
O, do you agree panyeros? Yes, Okay. When
the pre-trial order was issued, those issues were
contained. Wheres the defendants liability to the
plaintiff? Wala na! The issue is whether or not
the plaintiff is liable to the defendant. During the
trial, the plaintiff presented his evidence to prove
the defendants liability. The defendants lawyer
objected on the ground that there was no issue
contained in the order on the liability of the
defendant. The only issue is whether plaintiff is
liable to the defendant. Naisahan ang plaintiff
akala kasi niya ang pre-trial order is not
important.
(Dean did not know how the case ended,
but commented: The plaintiff asked for the
amendment of the pre-trial order because this is
a manifest injustice. Plaintiff is the one suing
and how he is to be held liable. Now, if I were
the judge, I will really modify because its unfair
no! You are the one suing and now you end up
as a defendant. But I will stress to the plaintiff
na huwag kang tatanga-tanga sa pre-trial!
Now, an example of the last sentence of
Section 7 UNLESS modified before trial to
prevent manifest injustice is the case of SESE
vs. IAC (152 SCRA 585 [1987]) where even if the
pre-trial order does not recite the issue, it can
still be proven. Under Section 5 of Rule 10, even
if an issue was not raised I n a pre-trial order and
no one objected to the issue raised, it can be
tried and later the pre-trial order can be
amended to conform with issue/s raised.
Pre-Trial in civil and criminal cases
compared:
1. The pre-trial in a civil case is set
when the plaintiff moves ex-parte to
 set the case for pre-trial (Sec. 1 R 18). The PT
in a criminal case is ordered by the court and no
motion to set case for pre-trial is required from
either party (Sec. R 118);
2. The motion to set case for PT in a civil case is
made after the last pleading has been served
and filed but in a criminal case, the PT is
ordered by the court after arraignment and
within 30 days from the date the court acquires
jurisdiction over the person of the accused;
3. The PT in a civil case considers the possibility of
an amicable settlement as an important
objective (Sec. 2 R 18) but in a criminal case it
does not generally consider such possibility as a
purpose of PT (Sec. 1 R 118);
4. In a civil case, the agreements and admissions
made are not required to be signed by both the
parties and their counsels. Under the Rules,
they are instead to be contained in the record of
PT and the PT order (Sec. 7 R. 18. However,
A.M. No. 03-1-09-SC date July 13, 2004 now
requires the [proceedings during the preliminary
conference to be recorded in the Minutes of
Preliminary Conference to be signed by both
parties and /or counsel. The rule allows either
the party or his counsel to sign the minutes.
In a criminal case, there is a stricter procedure
required. All agreements or admissions made or
entered during the PT conference shall be reduced in
writing and signed by both the accused and counsel,
otherwise, they cannot be used against the accused
(Sec. 2 R 118)
5. The sanctions for non-appearance in a PT are
imposed upon the plaintiff and the defendant in
a civil case (Sec. 4 R 18) but in criminal cases,
the sanctions are imposed upon the counsel for
the accused or the prosecutor (Sec. 3 R 118)
6. A PT brief is specifically required to be
submitted in a civil case (Sec. 6), but not in a
criminal case.
Preliminary Conference under the Revised Rules on
Summary Procedure
1. Under the said rules, a preliminary conference
shall be held not later than 30 days after the
last answer is filed. Here, the rules on PT in
ordinary cases shall apply except when
inconsistent with the rules on summary
procedure (Sec. 7, II);
2. The failure of the plaintiff to appear in the
conference shall be cause for dismissal of the
complaint and the defendant who appears in the
absence of the plaintiff shall be entitled to
judgment on his counterclaim. All cross-claims
shall be dismissed (ibid)
3. Within 5 days from the termination of the
conference, the court shall issue an order
stating the matters taken up in the conference
(Sec. 8 II)
Outline
Pre- Trial
A. If no Settlement is reached
1. The court will issue a pre-trial order indicating the
agreements made by the parties; amendments to the
pleadings; schedule of trial.
2. Trial will then follow
B. If there is an amicable settlement
The court will render a judgment based on said
compromise agreement.
C. If there is failure to appear
1. If plaintiff is absent, when so required to attend,
the court may dismiss the case.
2. If defendant is absent, the court may hear the
evidence of the plaintiff ex parte.
If evidence is insufficient to prove plaintiff's cause of
action or defendant's counterclaim, the court rules in
favor of either one or dismisses the case.
Reviewer
Pre-trial (Rule 18)
1. Concept of pre-trial
Pre-trial is a procedural device by which the Court is
called upon after the filing of the last pleading to
compel the parties and their lawyers to appear
before it, and negotiate an amicable settlement or
otherwise make a formal statement and embody in a
single document the issues of fact and law involved
in the action, and such other matters as may aid in
the prompt disposition of the action, such as the
number of witnesses the parties intend to
present, the tenor or character of their testimonies,
their documentary evidence, the nature and purpose
of each of them and the number of trial dates that
each will need to put on his case. One of the
objectives of pre-trial procedure is to take the trial of
cases out of the realm
of surprise and maneuvering. (Permanent Concrete
Products, Inc. vs. Teodoro, G.R. No. 29776,
November 29, 1968, 26 SCRA 332)
Pre-trial also lays down the foundation and structural
framework of another concept, that is, the
continuous trial system. (Circular No. 1-89,
Administrative Circular No. 4, September 4, 1988)
Pre-trial is mandatory but not jurisdictional. (Martinez
vs. de la Merced, G.R. No. 82309, June 20, 1989,
174 SCRA 18)
Note: Section 4, Rule 18 imposes the duty on
litigating parties and their respective counsel to
appear during pre-trial. The provision also
provides for the instances where the non-
appearance of a party may be excused. Nothing,
however, in Section 4 provides for a sanction
should the parties or their respective counsel be
absent during pre-trial. Instead, the penalty is
provided for in Section 5. Notably, what Section 5
penalizes is the failure to appear
of either the plaintiff or the defendant, and not
their respective counsel (Paredes vs. Verano, G.R.
No. 164375, October 12, 2006).)
2. Nature and purpose
What is the nature of pre-trial?
It is mandatory (Rule 18, Sec. 2).
Note: Pre-trial is mandatory in civil cases. In
criminal cases, it is mandatory in cases
cognizable by the following:
1.Sandiganbayan
2. RTC
3. MeTC, MTCC, MTC, MCTC
It is also mandatory in both criminal and civil
cases under the Rule on Summary Procedure.
The Courts authority is confined to a mere
determination of the propriety of rendering a
judgment on
the pleadings or a summary judgment
What are the purposes of pre-trial?
The court shall consider the following purposes:
1. Possibility of an amicable settlement or of a
submission to alternative modes of dispute
resolution;
2. Simplification of the issues;
3. Necessity or desirability of amendments to the
pleadings;
4. Possibility of obtaining stipulations or
admissions of facts and of documents to avoid
unnecessary proof;
5. Limitation of the number of witnesses;
6. Advisability of a preliminary reference of issues
to a commissioner;
7. Propriety of rendering judgment on the
pleadings, or summary judgment, or of
dismissing the action should a valid ground
therefore be found to exist;
8. Advisability or necessity of suspending the
proceedings; and
9. Such other matters as may aid in the prompt
disposition of the action (Rule 18, Sec. 2).
3. Notice of pre-trial
Rule 18, Sec. 3. Notice of pre-trial .
The notice of pre-trial shall be served on counsel,
or on the party who has no counsel. The counsel
served with such notice is charged with the duty
of notifying the party represented by him.
On whom must notice of pre-trial be served?
(Rule 18, Sec. 3)
a. On counsel who is charged with the duty of notifying
his client, or
b. On the party who has no counsel
Plaintiff required to move that the case be set for
pre-trial
Under Rule 18, Sec. 1, after the last pleading has been
served and filed, the plaintiff has the duty to promptly move
ex parte that the case be set for pre-trial. If he does not file
such motion within a reasonable period, the court may
dismiss the case for his failure to prosecute pursuant to Rule
17, Sec. 3 (failure to prosecute his action for an
unreasonable length of time).
This has been superseded by A.M. No. 03-1-09-SC
(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) which
took effect on August 29, 2006. .
Under I.A.1.2 Within 5 days after filing of the reply, the
plaintiff must promptly move ex parte that the case by set
for pre-trial conference. If the plaintiff fails to file such
motion within the given period, the Branch Clerk of Court
SHALL ISSUE A NOTICE OF PRETRIAL.
Binding effect of admissions or stipulations
Admissions or stipulations made during the pre-trial and
stated in the pre-trial order are BINDING upon the party
making the admissions (Alano vs. CA , 383 SCRA 269
[1997]).
4. Appearance of parties; effect of failure to appear
Parties and their counsel BOTH have the duty to appear at
pre-trial
Non-appearance may be excused only if:
1. A valid cause is shown; or
2. A representative appears fully authorized in writing a) to
enter into an amicable settlement, b) to submit to alternative
modes of dispute resolution and c) to enter into stipulations
or admissions of facts and of documents. (Rule 18, Sec. 4)
The authorization in writing must be in the form of a
SPECIAL POWER OF ATTORNEY.
What is the effect of failure of the parties to appear
at the pre-trial?
1. If the plaintiff fails to appear - the action shall be
dismissed with prejudice, unless otherwise ordered by the
court (Rule 18, Sec. 5, 1st and 2nd sentences).
2. If the defendant fails to appear plaintiff shall be
allowed to present his evidence ex parte and the court shall
render judgment on the basis thereof (Rule 18, Sec. 5, 3rd
sentence).
5. Pre-trial brief
The pre-trial brief (to be filed at least three days before the
pre-trial) shall contain the following :
1. Statement of the parties willingness to enter into
amicable settlement or alternative modes of dispute
resolution, indicating the desired terms
2. A summary of admitted facts and proposed
stipulation of facts
3. Issues to be tried or resolved
4. Documents or exhibits to be presented, stating the
purpose thereof (No evidence shall be allowed to be
presented and offered during the trial in support of a
party's evidence-in-chief other than those that had
been earlier identified and pre-marked during the
pre-trial, except if allowed by the court for good
cause shown (A.M. No. 03-1-09-SC)
5. A manifestation of their having availed OR their
intention to avail themselves of discovery procedures
or referral to commissioners;
6. The number and names of witnesses and the
substance of their testimonies (Rule 18, Sec. 6)
Parties are bound by the representations and
statements in their respective pre-trial briefs as such
are in the nature of judicial admissions.
What is the effect of failure to file a pre-trial
brief?
Same effect as failure to appear at the pre-trial
(Rule 18, Sec. 6).
As to plaintiff -- his complaint may be dismissed or
he is non-suited.
As to defendant - he may be considered as in
default, and plaintiff may be authorized to present
evidence ex parte against him. (Rule 18, Sec. 5)
Distinction between pre-trial in civil case and
pre-trial in criminal case
Civil Case
1. it is set when the plaintiff moves ex parte to set
the case for pre-trial.
2. the motion to set case for pre-trial is made after
the last pleading has been served and filed.
3. considers the possibility of an amicable settlement
as an important objective.
4. the agreements and admissions made in the
pretrial are not required to be signed by both the
parties and their counsels. They are to be contained
in the record of pre-trial and the pre-trial order.
However, A.M. No. 03-1-09
SC dated July 13, 2004 now requires the proceedings
during the preliminary conference to be recorded in
the Minutes of Preliminary Conference to be signed
by both parties and/or counsel. The rule allows either
the
party or his counsel to sign the minutes.
5. the sanction for non-appearance in a pretrial are
imposed upon the plaintiff and the defendant in a
civil case.
6. a pre-trial brief is required to be submitted
Criminal Case
1. it is ordered by the court and no motion to set the
case for pre-trial is required from either the
prosecution or the defense.
2. the pre-trial is ordered by the court after
arraignment and within 30 days from the date the
court acquires jurisdiction over the person of the
accused.
3. does not include the considering of the
possibility of amicable settlement of criminal
liability as one of its purposes.
4. there is a stricter procedure required. All
agreements or admissions made or entered
during the pretrial conference shall be reduced in
writing and signed by both the accused and
counsel, otherwise, they cannot be used against
the accused.
5. the sanction are imposed upon the counsel for
the accused or the prosecutor.
6. pre-trial brief is not required to be submitted.
Pre-Trial Order
The order of the court is issued upon the
termination of the pre-trial.
The order shall contain
1. The matters taken up in the conference;
2. The action taken thereon;
3. The amendments allowed to the pleadings;
and
4. The agreements or admissions made by the
parties.
The pre-trial order shall define and limit the
issues to be tried and shall control the
subsequent course of the action except if it is
modified before trial to prevent manifest injustice
(Rule 18, Sec.7)
7. Alternative Dispute Resolution (ADR)
A.M. No. 01-10-5-SC-PHILJA, 0ctober 16, 2001
Coverage:
1. All civil cases, settlement of estates, and cases
covered by the Rule on Summary Procedure,
except those which by law may not be
compromised;
2. Cases cognizable by the Lupong
Tagapamayapa under the Katarungang
Pambarangay Law;
3. The civil aspect of BP 22 cases; and
4. The civil aspect of quasi offenses under Title
14 of the Revised Penal Code
The trial court, after determining the possibility of
an amicable settlement or of a submission to
alternative modes of dispute resolution, shall
issue an Order referring the case to the
Philippine Mediation Center (PMC) Unit for
mediation and directing the parties to proceed
immediately to
the PMC Unit.
The Order shall be personally given to the parties
during the pre-trial. Copy of the Order together
with a copy of the Complaint and Answer/s, shall
be furnished the PMC Unit within the same date
The Supervisor of the PMC Unit shall assist the
parties select a mutually acceptable Mediator
from a list of duly accredited Mediators and inform the
parties about the fees, if any, and the mode of payment. If
the parties cannot agree on a Mediator, then the Supervisor
shall assign the Mediator. The trial court shall immediately
be notified of the name of the Mediator, and shall
thereafter confirm the selection/appointment of the Mediator.
The Mediator shall immediately commence the mediation
proceedings unless both parties agree to reset the mediation
within the next five (5) working days, without need of
further notice.

The Mediator shall be considered as an officer of the court

Lawyers may attend the mediation proceedings and shall
cooperate with the Mediator towards the amicable
settlement of the dispute

The period during which the case is undergoing mediation

shall be excluded from the regular and mandatory periods
for trial and rendition of judgment in ordinary cases and in
cases under summary procedure.

The period for mediation shall not exceed (30) days,

extendible for another 30 days, in order to allow the parties
sufficient time to reach a compromise agreement and put an
end to litigation

In case of SUCCESSFUL settlement, the trial court shall

immediately be informed and given (a) the original
Compromise Agreement entered into by the parties as basis
for the rendition of a judgment by compromise which may
be enforced by execution or, (b) a withdrawal of the
Complaint or, (c) a satisfaction of the claim.

If the mediation is NOT SUCCESSFUL, the Mediator shall

issue a Certificate of Failed Mediation for the purpose of
returning the case for further judicial proceeding

Since mediation is part of Pre-Trial, the trial court shall

impose the appropriate sanction including but not limited to
censure, reprimand, contempt and such 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