FLOWCHART FOR RULES 22 AND 24

Parties to file their respective INITIATORY PLEADING and ANSWER

Court orders Parties to submit themselves to MEDIATION and if necessary, to JDR

FAILED JDR
Parties may Resort to Modes of
30 days from Notice Discovery [Sec. 22.3]
issued by the Court

Parties will submit JUDICIAL AFFIDAVITS AND EVIDENCE. [Sec. 22.2(a)]

15 days from Notice Comparison of Original vs. Copies before
issued by the Court the Clerk of Court [Sec. 22.2 c]

Parties will submit DRAFT TERMS OF REFERENCE. [Sec.

15 days from 22.4(a)]
submission by parties

Court will prepare FINAL TERMS OF REFERENCE. [Sec. 22.4(g)]

Notice of Preliminary
Conference [Sec. 22.5]

PRELIMINARY CONFERENCE [Secs. 22.6 to 22.9]

All parties and counsels are
required to attend [Sec. 22.6]

Court may issue judgment or dismiss

the case. [Sec. 22.9(e)]

Court will issue the ORDER OF TRIAL. [Sec. 22.9(d)]

Judge determines mode of trial or Parties may choose alternate trial by unanimous agreement [Sec. 24.3]

ALTERNATE TRIAL REGULAR FACE-TO-FACE TRIAL SIMPLE FACE-TO-FACE TRIAL

Oral arguments [Sec. 24.13(b)(2)]

After ALL issues have been heard.

Court will render Oral

30 days
decision [Sec. 24.13(b)(1)]

Parties will submit MEMORANDUM or DRAFT DECISION [Sec. 24.13]

If Alternate or Regular Face-to-Face Trial If Simple Face-to-Face Trial

[Sec. 24.13 (a)(1)] 1) court may order winning party to submit a memorandum or draft
decision within 30 days from oral judgment [Sec. 24.13 (b)(3)]
Court may allow Oral
2) in place of oral judgment court may require each party to submit a
Arguments [Sec.24.13 (a) (2)]
memorandum or draft decision 30 days from date trial ended
10 days from [Sec. 24.13 (b)(4)]
submission of
Memorandum or
90 days from Oral Arguments Draft Decision 60 days from Oral Judgment or End of Trial [Sec 24.13 (b)(5)]
[Sec.24.13 (a)(3)]
Court will issue WRITTEN DECISION [Sec. 24.13]
 ANNOUNCING THE PILOTING OF
A NEW SYSTEM FOR SPEEDY COURT TRIAL
The Supreme Court has approved by Resolution A.M. 14-03-02-SC
dated March 8, 2014 the piloting of Rules 22 and 24 of the draft
Revised Rules of Civil Procedure, reproduced below. These Rules
shall, beginning February 16, 2015, apply to all civil actions in the
following first and second level courts that have not yet undergone
pre- trial:
Quezon City
a. Regional Trial Courts: Branches 77, 78, 81, 84, 89, 90, 92, 93,
97, 100, 218 and 225
b. Metropolitan Trial Courts: Branches 31, 36, 38 and 42
Makati City
a. Regional Trial Courts: Branches 57, 58, 60, 62, 133, 134, 136,
137, 142 and 149
b. Metropolitan Trial Courts: Branches 61 and 67
Angeles City
a. Regional Trial Courts: Branches 56 and 57
b. Metropolitan Trial Courts: Branch 2
Iloilo City
a. Regional Trial Courts: Branches 27, 28, 29, 37 and 39
b. Metropolitan Trial Courts: Branches 6, 8 and 10
Davao City
a. Regional Trial Courts: Branches 10, 12 and 16
b. Metropolitan Trial Courts: Branches 1 and 4
Cebu City
a. Regional Trial Courts: Branches 9, 10, 11, 12, 18, 19, 22 and 24
b. Metropolitan Trial Courts: Branches 6 and 7
Rule 22
PRELIMINARY CONFERENCE
SECTION 22.1. Policy of the Rule. It is the policy of this Rule
in relation to the Rule on Trial of issues to:
(a) Require the parties to make a full disclosure of the known facts
of the case early in the proceedings and submit to the court the
affidavits and documents that prove their claims, for the purpose of
enabling the court to accurately identify the issues between the
parties and facilitate the process of settling their disputes amicably
or, if this is not possible, to considerably limit the scope of trial;
(b) Treat litigations not as a contest pitting the resources and skills
of the parties in building up their cases and destroying those of the
others, but as a collective effort of all to search for the truth and to
render justice to all;
(c) Empower the judge to take a direct role in examining the
witnesses during the trial and elicit from them the answers needed
for rendering a just judgment;
(d) Make maximum use of the courts time and shorten trial without
sacrificing the quality of hearing and adjudication;
(e) Require the parties and their counsels to assist the court in doing
work they can properly perform to enable the judge to do his
judicial duties with greater dispatch and efficiency; and
(f) Raise the level of professionalism of judges and counsels in
terms of promptness in starting court proceedings and meeting
deadlines.
SEC. 22.2. Mandatory disclosure of evidence. If the parties do
not settle their disputes during the JDR [Judicial Dispute Resolution
stage], the case shall be raffled to a different branch for further
proceedings. The parties may, however, instead file a joint written
motion or manifestation requesting the court that concluded the
JDR to continue with the case. In either case, the parties shall then
submit to the court and disclose to each other the evidence in the
case that are known and available to them in the following manner:
(a) The court shall, motu proprio or on motion, give notice to the
parties to simultaneously submit to the court within thirty (30) days
from notice and serve upon each other, the following:
1. The judicial affidavits of their witnesses in support of their
allegations, which shall take the place of such witnesses direct
testimonies; and
2. The parties documentary or object evidence, if any, which shall
be attached to the judicial affidavits, identified and marked as
Exhibits P, P-1, P-2, and so on in the case of the plaintiff or
petitioner, Exhibits C, C-1, C-2, and so on in the case of the
complainant, Exhibits D, D-1, D-2, and so on in the case of the
defendant, Exhibits R, R-1, R-2, and so on in the case of the
respondent, and duly identified and authenticated by the proper
witness or witnesses.
(b) A party may, if he or she so desires, submit reply judicial
affidavits respecting matters not touched by his or her initial
affidavits within fifteen (15) days from receipt of the adverse
partys judicial affidavits. No further judicial affidavit may be
submitted without prior leave of court which shall be granted only
on justifiable grounds.
(c) Should a party or a witness desire to retain possession of the
original document or object evidence, he or she may, after it has
been identified, marked as exhibit, and authenticated, warrant in his
or her judicial affidavit that the copy, reproduction, or picture
attached to such affidavit is a faithful copy, reproduction, or picture
of the original. In addition, the party or witness shall bring to court
the original document or object evidence to enable the adverse
party to compare the original document with its copy or
reproduction or the object evidence with its picture. The
comparison shall be done by the adverse party before the branch
clerk of court prior to the date of the preliminary conference. The
comparison shall then be duly noted by the branch clerk of court on
the attached copy, reproduction, or picture before the date of the
preliminary conference. Unless the comparison is done or deemed
waived by the non- appearance of the adverse party, the copy
attached to the judicial affidavit shall not be admitted.
(d) If the requested witness, who is neither the witness of the
adverse party nor a hostile witness, unjustifiably declines to execute
a judicial affidavit or refuses without just cause to make the
relevant books, documents, or other things under his or her control
available for copying, authentication, and eventual production in
court, the requesting party may avail himself or herself of a
subpoena ad testificandum or duces tecum under the Rules of
Court. The party requesting the issuance of a subpoena shall be
responsible for ensuring its personal service upon the witness, and
shall bear the cost of such personal service and the expenses of the
witness in appearing before the lawyer who will prepare or
supervise the preparation of his or her judicial affidavit.
(e) A party who fails to submit the required judicial affidavits and
exhibits when they are due shall be deemed to have waived such
submission and the right to present evidence in support of his or her
case. Still, the court may, for good cause shown and not later than
fifteen (15) days from receipt of the adverse partys judicial
affidavits and exhibits, allow but once the late submission of the
requirements. It may also, if no good cause is shown, still allow
such late submission but once, provided that the defaulting party or
his or her counsels, whoever may appear at fault, pays a fine set by
the court which shall not be less than P1,000.00 or more than
P5,000.00.
(f) If a vital witness is (1) outside the Philippines, or (2) is shown to
be under an exceptional or compelling predicament at the time his
or her judicial affidavit is needed for submission, the counsel may,
with leave of court, prepare such affidavit through video
conferencing and submit it to the court with the counsels
attestation regarding its authenticity, conditioned on the witness
appearing at the hearing to sign it, affirm its truth, and submit to an
examination by the court and the parties.
(g) The court may, on motion, allow a witness who, because of
exceptional and compelling reasons, has been unable to execute a
judicial affidavit to testify in court by way of a narration of what he
or she needs to relate in relation to the case which shall be restricted
to relevant facts, provided that the motion is filed within the period
for submission of judicial affidavits and the movant states in the
motion the substance of the testimony of such witness. This shall
include government employees or officials who are unable to
execute judicial affidavits by reason of the demands of their official
work.
(h) In case a party submits judicial affidavits that do not conform to
the content requirements, the court shall issue an order excluding
such affidavits from the record. The court may, however, allow but
once and for good cause shown the subsequent submission of the
compliant replacement affidavits within ten days from receipt of the
exclusion order. If no good cause is shown, the court may still
allow such subsequent submission provided that the erring party or
his or her counsels, whoever may appear responsible for their
preparation and submission, pays a fine set by the court which shall
not be less than P1,000.00 or more than P5,000.00.
(i) The direct testimony of a witness shall be deemed offered and
admitted upon submission in court of his or her judicial affidavit,
subject to motions for exclusion of inadmissible testimonies at the
appropriate time and to the examination of such witness. The
documents and object evidence that the parties previously marked
as their exhibits shall also be deemed offered and admitted upon
their submission in court as part of the testimony of the witness
who testifies on their existence, execution, or functions for the
purposes that such testimony indicates, whether expressly or
impliedly, subject to motions for exclusion at the appropriate time
and to the examination of the witness.
SEC. 22.3. Use of certain discovery procedures. A party who
desires to avail himself or herself of the modes of discovery shall
do so in accordance with Rules 27 to 31. Such party shall take steps
to complete the process and submit the material portions of the
record of the proceedings, previously undisclosed documents or
facts, and the necessary judicial affidavits pertaining to the fruits of
the discovery within sixty (60) days from the start of the discovery
process.
SEC. 22.4. Preparation of the Terms of Reference. The Court
shall, taking into account the submissions of the parties and
counsels, prepare the Terms of Reference of the case that will
control the scope of trial.
(a) After the parties shall have submitted their respective judicial
affidavits, documentary and object exhibits, and the results of the
discovery procedures they have undertaken, the court shall issue an
order requiring each party through their respective counsels as
officers of the court, to simultaneously submit to it and serve on the
other party within fifteen (15) days from notice a brief, concise, and
fair draft of the Terms of Reference of the case, containing:
1. A summary of the admitted facts;
2. A statement that the documents attached to judicial affidavits or
object evidence referred to are faithful copies, reproductions, or
pictures of their originals if such be the case;
3. A summary of the totality of the facts that the plaintiffs evidence
appears to have established;
4. A summary of the totality of the facts that the defendants
evidence appears to have established;
5. Based on the two summaries above, a statement of the factual
issue or issues that the conflicting evidence of the parties present;
6. A list of the witnesses from either side who, based on their
judicial affidavits and exhibits, are competent to testify on each of
the factual issues or related factual issues in the case; and
7. A statement of the legal issues that the case presents once the
factual issues and related factual issues have been resolved.
(b) An issue is factual when the contending parties cannot agree
that a thing exists or has actually happened. An issue is legal when
the contending parties assume a thing exists or has actually
happened but disagree on its legal significance or effect on their
rights or obligations.
(c) Only relevant and significant issues need be tried. An issue is
relevant and significant when its resolution will help decide the
case on its merits. Otherwise, it is irrelevant and need not be tried.
(d) Every factual issue should be adequately stated. The statement
of an issue is adequate when it contains words describing the
ultimate facts that the party bearing the burden of proving the
affirmative of such issue must establish by his or her evidence.
(e) The facts alleged by the parties in their complaint, answer, and
judicial affidavits, when not put in issue in the Terms of Reference,
shall be deemed admitted or otherwise regarded as irrelevant to the
resolution of the dispute.
(f) If a partys counsel fails to submit his or her draft of the Terms
of Reference, he or she shall be deemed to have waived the
submission of such draft, without prejudice to appropriate sanctions
for failure to comply with the order of the court.
(g) Within fifteen (15) days of its receipt of the drafts of the Terms
of Reference, or after the lapse of the period to submit such drafts,
the court shall prepare its final version, taking such drafts into
account. (n)
SEC. 22.5. Notice of Preliminary Conference. The branch clerk
of court shall, through phone calls and electronic messages, consult
the parties, through their counsels, on their availability before
setting the case for preliminary conference. In addition, the branch
clerk shall serve a written notice of such conference on the parties,
through their counsels, requiring the parties and their counsels to
appear before the court for a preliminary conference on the date and
time that it has set. It shall be the duty of the counsels to promptly
inform their clients regarding the setting and the need for them to
be present as well. (n)
SEC. 22.6. Appearance of parties. It shall be the duty of the
parties and their counsels to appear at the preliminary conference. A
partys non-appearance may be excused only for valid cause shown
or if he or she is represented by another person who is fully
authorized to act on his behalf respecting all the matters subject of
the conference. (n)
SEC. 22.7. Decision as in default against absentee. In the event a
party or his counsels fails to appear at the preliminary conference,
the court shall, within thirty (30) days from the date of the
scheduled preliminary conference, render a decision, adjudicating
the other partys claims, if warranted, after the courts ex parte
examination of such partys witness or witnesses based on their
judicial affidavits. (n)
SEC. 22.8. Decision as in default, when set aside. The court
may, however, set aside a judgment rendered under Section 22.7 if,
within fifteen (15) days from notice of the decision, the party
concerned files a motion with the court with prior notice to the
adverse party that his or her failure to comply with what was
required of him or her has been due to extrinsic fraud or
unavoidable accident. Only when the ground is clearly meritorious
will the court grant the motion. The court may at its discretion,
however, where the ground is not clearly meritorious, still grant the
motion, set aside the decision of default, and reschedule another
preliminary conference for the last time, upon admission of error or
neglect by the party or his or her counsel and after payment of a
fine set by the court which shall not be less than P 1,000.00 or more
than P 5,000.00. (n)
SEC. 22.9. Matters to be taken up at the preliminary conference.
The court shall take the following actions during the preliminary
conference in the order listed below:
(a) The court shall determine, in consultation with the parties and
their counsels, if there is a need to make changes in the contents or
wordings of the Terms of Reference that it earlier prepared. If there
is such a need, the court shall enter the changes on the document.
(b) If a party asks the court to try an excluded issue, the court shall
include it for trial provided that such party makes a deposit for
court costs amounting to not less than P 10,000.00 but not more
than P 50,000.00, at the discretion of the court. Should the trial
court or, on appeal, a higher court find the additional issue a sham,
it shall order the deposit forfeited to the court; otherwise it shall
have the same refunded to the party concerned.
(c) The court may adjourn the preliminary conference once if there
is a chance of settlement and the parties need time to consider the
matter; otherwise, the court shall proceed with the conference.
(d) The court shall, in consultation with the parties:
1. Fix the order in which the issues are to be tried;
2. Identify the witnesses who need to be present to testify on each
of the issues;
3. Set the specific dates for reception of evidence on each issue or
related issues;
4. Determine whether the circumstances warrant an alternate or
face-to-face trial of issues and in the latter case, whether it shall be
a simple or regular trial of issues as provided below, and determine
who among the witnesses are exempt from face-to-face
examination;
5. Determine the need to refer certain issues to trial by
commissioners; and
6. Summarize the foregoing arrangements towards the end of the
preliminary conference and issue an Order of Trial, copy furnished
the parties, which shall reflect such arrangements.
(e) The court may, as a result of the preliminary conference or in
the course of it when the circumstances warrant, render judgment or
dismiss the action. If evidence is required for adjudicating a ground
for dismissal, the court shall set the case for reception of such
evidence and then dismiss the action if warranted.
xxx xxx xxx
Rule 24
TRIAL OF ISSUES
SECTION 24.1. Alternate trial. An alternate trial is one where
parties take turns in presenting their witnesses respecting the first
factual issue or related issues stated in the order of trial. The party
who bears the burden of proving the affirmative of the issue under
consideration shall be the first to present a witness.
SEC. 24.2. Face-to-face trial. A face-to-face trial is one wherein
witnesses from the contending sides appear together before the
court, sit face-to-face around a table in a non-adversarial
environment, and answer questions from the court as well as the
parties counsels respecting the factual issue under consideration.
SEC. 24.3. Options for trying the issues. The court shall have the
option to try the issues embodied in the Terms of Reference either
by alternate or face-to-face trial. In the latter case, the court may
conduct either simple or regular face-to-face trial, whichever it
considers more suitable. The parties may by unanimous agreement,
however, choose to have an alternate trial in lieu of a face-to-face
trial.
SEC. 24.4. Common rules. The following common rules shall
govern both alternate and face-to-face trials:
(a) Each factual issue shall be tried strictly in the sequence provided
in the Order of Trial although two or more closely related issues
may be simultaneously tried.
(b) A party may move on proper ground to disqualify a witness
before he or she is examined and strike out his judicial affidavit or
exclude any of the answers found in it on ground of inadmissibility.
This motion shall be resolved in accordance with Sections 24.8 and
24.9 below.
(c) A party may also move to exclude any of the exhibits attached
to the judicial affidavit of a witness on ground of inadmissibility.
This motion shall be resolved also in accordance with Sections 24.8
and 24.9 below. The objecting party shall make his motion in
writing before the trial if the exhibits are voluminous to facilitate its
resolution. The rulings of the court respecting the exclusion of
testimonies and exhibits based on public policy grounds shall be
without prejudice to a tender of excluded evidence under the
appropriate rule.
(d) The court and the counsels of the parties shall examine the
witnesses and determine the truthfulness of the judicial affidavits
that constitute their direct testimonies in the case.
(e) A witness may testify on one or more issues.
SEC. 24.5. Rules governing alternate trial. In an alternate trial:
(a) The parties shall take turns in presenting their witnesses
respecting the first factual issue or related issues stated in the Order
of Trial.
(b) The party who bears the burden of proving the affirmative of the
issue under consideration shall be the first to present a witness. If
the party has more than one witness, the witnesses will be presented
successively respecting such issue. The opposing party shall
afterwards present the witness or witnesses for that issue.
(c) The court shall be the first to examine each of the witnesses thus
presented. The parties shall then take their turns to conduct the
cross, re-direct, and re-cross of the particular witness. This is
without prejudice to the right of the court to ask additional
questions of the same witness.
(d) The examination by the court and by the parties shall entirely
focus on the issue or issues at hand and not dwell on matters outside
of and totally unrelated to such issue or issues.
(e) After all the witnesses from both sides have been examined
respecting the issue or related issues under consideration, the trial
shall move on to the next issue or related issue in the Order of Trial
until all the issues shall have been tried.
SEC. 24.6. Ground rules governing a face-to-face trial. In a face-
to-face trial:
(a) The witnesses from the contending sides shall appear together
before the court and simultaneously swear to the truth of their
respective testimonies.
(b) The witnesses shall sit face-to-face around the table in a non-
adversarial environment and answer questions from the court and
the parties counsels respecting the factual issue under
consideration;
(c) Only one person at a time shall speak during the face-to-face
trial and always with prior permission from the court which shall
take steps to ensure that the person who speaks is identified for the
record;
(d) The witnesses shall address their answers to the examining
judge or counsels; and
(e) The witnesses shall not pose questions to the other witnesses
relating to their testimonies but shall be given equal opportunity to
respond to the questions.
SEC. 24.7. Two-phase examination of witnesses in a face-to-face
trial. The examination of the witnesses from the contending
sides in the face-to-face trial shall consist of two phases: the first
phase shall be by the court and the second phase by the parties
respective counsels.
(a) In the first phase, the court shall examine the witnesses
regarding the issue or related issues at hand in no particular
sequence and may also direct its questions to one or more of the
witnesses from the contending sides.
(b) When the questions from the court are directed to a specific
witness, the other witnesses from the same side may seek
permission to supplement, clarify, or qualify the answers that the
first witness has given.
(c) In turn, the court shall give the witnesses from the other side
equal time and opportunity to reply.
(d) The court may allow the witnesses from the contending sides to
continue their divergent exchanges provided new facts or new
arguments are introduced and the testimonies have not become
repetitive.
(e) The court may also stop the exchanges if the answers from the
contending sides have sufficiently clarified their positions and the
points of their disagreement.
(f) The court may, before moving the examination of the witnesses
from first phase to second phase, summarize its own understanding
of the positions of the parties and the testimonies of their witnesses
on the issue or related issues at hand.
(g) In the second phase, the court shall allow counsels from the
contending sides to cross-examine, re-direct, and re-cross the
witnesses based on their judicial affidavits, the attached exhibits,
the answers the witnesses gave during the courts first-phase
examination, or their testimonies. This second phase examination
shall be without prejudice to the courts further examination of the
witnesses already examined by counsels.
(h) Where there are multiple parties involved (the plaintiff, the
defendant, the third, fourth, or fifth-party plaintiffs or defendants, or
the intervenors) the court shall fix the order of cross, re-direct, and
re-cross examination by the various counsels involved, making sure
that a party is able to examine the witness whose testimony is
adverse. A party may adopt a favorable testimony.
(i) After the counsels have concluded their examinations of the
witnesses, the court shall terminate the second phase respecting the
particular issue or related issues and move to the examination of the
witnesses respecting the next issue or related issues if such
examination is likewise in the agenda of the court for that days
setting. The reception of evidence for the next issue or related
issues may be scheduled on another setting in accordance with the
Order of Trial.
SEC. 24.8. Exceptions to the courts examination of the witnesses.
The counsel for any party may, in the course of the courts
examination of the witnesses, take exceptions to objectionable
questions that it poses to one or some of them. The exceptions shall
simply state the legal grounds for objection with no further
explanation. The court shall act on the exceptions in the following
manner:
(a) In case of exceptions as to form, such as when the questions
from the court are perceived to be argumentative, leading, multiple,
repetitive, vague, improper characterization, confusing, or unfair,
the counsels shall state the ground for exception after the question
has been answered. The court shall take note of the exception or,
where warranted, strike out the answer and rephrase the question;
(b) Exceptions as to substance such as when the questions from the
court are perceived to elicit answers that are inadmissible on public
policy grounds including those relating to the rights against self-
incrimination, privileged communication, disqualification, and to
the Statute of Frauds, rape shield law, bank secrecy laws, Anti-
Money Laundering Act, and other laws or rules that prohibit
disclosure of information or data, may be made before the witness
answers the questions. The counsels may also move to strike out
any answer already given on the same grounds. In either case, the
court shall promptly rule on such exceptions or motions.
(c) In case of exceptions to admissibility under the rules governing
best evidence, parol evidence, conclusion or opinion evidence,
hearsay evidence, irrelevant evidence, or character evidence, the
counsels shall state the ground for exception after the question has
been answered. The court shall take note of the exception and
consider the same when deciding the case.
SEC. 24.9. Objections to the questions of counsels. (a) It is the
counsels duty to fairly elicit only admissible evidence from a
witness, either by way of preparing the judicial affidavit
constituting the direct examination or by way of cross, re-direct, or
re- cross examination.
(b) The counsels for one side may move to exclude the whole or
part of the testimony embodied in the judicial affidavit of a witness
presented by the other side on ground of inadmissibility.
(c) Objections as to form in Section 24.8 (a) and admissibility in
Section 24.8 (c) shall be made after the questions have been
answered. Objections as to substance in Section 24.8 (b) may be
raised before the questions are answered; if the answers have
already been given, motions to strike out may be made.
(d) The court shall act on the motion or objection in the same
manner it would act on exceptions from questions of the court as
provided under Section 24.8 above.
SEC. 24.10. When face-to-face examination of witnesses shall not
apply. The face-to-face examination of witnesses shall not apply
when one of the witnesses to the factual issue under consideration is
either (a) a child covered by the Rule on Examination of a Child
Witness, or (b) a person who is mentally, psychologically, or
physically challenged, or has a similar condition that puts such
witness at a disadvantage in a face- to-face confrontation. In such a
case, the witnesses on that issue shall be examined separately. The
face-to-face examination shall, however, proceed with respect to
the other issues that do not involve the child or disadvantaged
witness.
The face-to-face trial shall also not be required in: (a) special civil
actions; (b) special proceedings; and (c) where the court perceives
the danger of uncontrollable passion arising from deep animosity
between the parties.
SEC. 24.11. Examination of Expert Witnesses in a face-to-face trial
of issues. The examination of expert witnesses in a face-to-face
trial of issues shall follow the same procedure provided in Section
24.7 With leave of court, however, an expert witness may ask
questions directed to the other partys expert witness on any matter
covered by the testimony of the latter on the issue or related issues
at hand.
SEC. 24.12. Regular or summary face-to-face trial schedules.
The schedules for holding face-to-face trial of issues shall either be
simple or regular based on the circumstances of each case.
(a) Where the issues are complex or numerous and the evidence
from both sides consist of the testimonies of several witnesses or
involve numerous pieces of evidence, the court shall hold a regular
face-to-face trial, with the hearings spread over a period of time.
(b) Where the issues are simple and few, the court shall hold a
simple one-time face-to-face trial, with an oral judgment rendered
at the end of such trial. But if in the course of such trial, the court
discovers that the issues are after all complex or numerous, it shall
suspend the proceedings and direct the conduct of a regular trial in
the succeeding settings.
SEC. 24.13. Memorandum, oral argument, and judgment. The
court may hear the parties argue their respective positions before
rendering judgment in the case, as follows:
(a) In an alternate or regular face-to-face trial of issues:
1. The court shall, after all the issues in the case have been heard,
direct the parties to simultaneously submit their respective
memorandum or draft decision within thirty (30) days from the date The absent counsels witnesses, if present, shall be regarded as
the trial ended, accompanied by a softcopy of the document in a witnesses procured by the court concerning the case and shall be
format acceptable to the court. examined in the usual course.

2. Furthermore, the court shall, within ten (10) days from receipt of
such memorandum or draft decision, set the case for oral argument
on a date and time the court and the parties may agree on.
3. The court shall render a written decision within ninety (90) days
after hearing the parties on their oral argument. It may wholly or
partially adopt or use the memorandum or draft decision of the
winning party for its decision or prepare its own.
(b) In a simple face-to-face trial of issues:
1. The court may, immediately after all the witnesses have been
examined, hear the parties briefly on oral argument and afterwards
orally state its rulings on the issue or issues involved and announce
the dispositive part of its judgment.
2. Such oral judgment shall be recorded in the minutes of the
proceedings which, together with the resolution of each issue, shall
be signed by the parties or their counsels as evidence of
notification. If a party or his counsels refuses to sign, the refusal
shall be reflected in the same minutes.
3. The court shall then direct the winning party to submit within
thirty (30) days from the oral judgment a memorandum or draft of
the decision based on the oral judgment then rendered,
accompanied by softcopy of the document in a format acceptable to
the court.
4. In place of oral judgment, the court shall have the option of
requiring each party to submit a memorandum or draft decision
within thirty (30) days from the date the face-to-face trial ended,
accompanied by a softcopy of the document in a format acceptable
to the court.
(b) In the event of the failure of a witness to appear, the court shall
order such witness judicial affidavit expunged, without prejudice
to the adverse party using it as a judicial admission if the witness is
also a party.
SEC. 24.16. Newly-discovered evidence; new issues evolving
during trial. A party may, in the course of trial, file a motion to
admit newly-discovered evidence subject to the rule governing its
admission. A party may, without amending the pleadings, also file a
motion to amend the Order of Trial to include a new issue or issues
that may have since arisen.
SEC. 24.17. Language used during trial. The court shall require
the witnesses in the trial of issues to testify either in English or
Filipino, whichever language would enable such witnesses, the
court, and the counsels to have fair exchanges. If any of the
witnesses cannot take part in such exchanges because of language
difficulty, the examination of the witness shall be conducted in the
language or dialect known to such witness. In this case, the judge or
examining counsels shall make use of an interpreter of their
choosing who shall assist them in propounding questions to, and
appreciating the answers of, the witness. Nevertheless, the
recording of the actual answers given by the witness, not their
English or Filipino translation, will constitute the official and
binding testimony of the witness. When quoting in a pleading,
motion, memorandum, petition, or other court submission, the text
of questions and answers of a witness given in a local dialect, the
counsels shall indicate the translations into English or Filipino in
appropriate brackets.

5. Whether or not the court adopts a partys memorandum or draft

decision, it shall promulgate its written decision in the case within
sixty (60) days from the oral judgment, if any, or from the date the
face-to-face trial ended.

6. The period to appeal from the judgment of the court in this case
shall be reckoned from the date of receipt of written decision by the
appealing party.

SEC. 24.14. Trials shall be intransferable. (a) Because of the

numerous

persons involved in, and the complex preparations required for, the
conduct of trial, especially the face-to-face trial, the dates set for
trials shall be intransferable except on grounds of fortuitous event
or serious illness of a counsel or witness. The party seeking
postponement or resetting of the hearing has the burden of proving
with satisfactory evidence the ground invoked. Otherwise, such
party shall be deemed to have waived the appearance of counsel
and witnesses at the scheduled face-to-face trial.

(b) No motion for postponement or resetting shall be granted on

ground of serious illness of a counsel or witness, unless the party
concerned presents a medical certificate issued by a physician
stating that the illness is of such gravity as to prevent the counsel or
witness from attending the scheduled hearing. The judge may
require the physician to appear before the court or order another
physician either government-employed or retained by the adverse
party, to verify the truth of the certification. If such certification
turns out to be false, the certifying physician shall be held in
contempt of court and punished accordingly.

(c) If the ground for postponement or resetting turns out to be false,

the party or counsel who sought it shall also be subject to contempt
of court.

SEC. 24.15. Consequences of failure to appear at the trial.

(a) The failure of counsel to appear at the pre-agreed face-to-face

trial without obtaining a prior postponement shall be considered a
waiver of appearance and trial shall proceed without such counsel.