Pre-Trial, Intervention, etc.

Pre-Trial, Intervention, Assignment & Calendar,
Subpoena

Pre-Trial: Mandatory & Timely

• Duty to Set: The court motu proprio (on its own initiative) sets the case for pre-trial after the last pleading is served and filed. This emphasizes the court's active role in case management.

• Mandatory Nature: Pre-trial is mandatory for all civil cases, except those covered by the Rules on Summary Procedure (which are subject to Preliminary Conference) or Small Claims. This ensures efficient and expeditious proceedings.

• Case Example: Philam vs. Enario, GR No. 182075, Sept. 15, 2010. This case highlights the importance of timely pre-trial to avoid unnecessary delays and ensure the efficient administration of justice.

Matters Considered During Pre-Trial

• Amicable Settlement/Mediation: The court explores the possibility of amicable settlement or referral to court-annexed mediation.

• Simplification of Issues: The court clarifies and simplifies the factual and legal issues to be tried.

• Amendments to Pleadings: The court determines the necessity or desirability of amendments to pleadings.

• Stipulation of Facts: The parties agree on undisputed facts to expedite the trial.

• Identification and Marking of Evidence: The parties identify and mark their documentary and object evidence.

Matters Considering During Pre-Trial

• Control/Scheduling of Discovery: The court controls and schedules discovery measures.

• Trial Dates and Time: The court sets firm trial dates and time.

• Court-Annexed Mediation and Judicial Dispute Resolution: Parties are encouraged to use these methods.

• Case Example: LCK Industries Inc. et al., vs Planters Development Bank, GR No. 17606, Nov. 23, 2007. The court emphasized the importance of stipulations of facts to expedite the trial.

Other Pre-Trial Requirements

• Reservation of Evidence: Any evidence not presented and marked during pre-trial is deemed waived, unless otherwise allowed by the court for good cause.

• Effect of Failure to Appear: If the plaintiff fails to appear, the case may be dismissed. If the defendant fails to appear, the plaintiff may be allowed to present evidence ex parte.

• Case Example: Citibank, NA vs. Sps. Corpuz, GR No. 177133, July 31, 2009. This case illustrates the consequences of failing to appear at pre-trial.

Pre-Trial Brief and Order

• Pre-Trial Brief: Parties must file pre-trial briefs containing their respective positions, evidence, and legal arguments.

• Effect of Failure to File: The court may impose sanctions, such as striking out pleadings or barring evidence.

• Pre-Trial Order: The court issues a pre-trial order that binds the parties and controls the subsequent course of the action. This order defines the issues to be tried and the evidence to be presented.

Pre-Trial Brief and Order

• Case Example: Sps. Pascual vs. First Consolidated Rural Bank, Inc., GR No. 202597, Feb. 8, 2017. The pre-trial order is binding and controls the trial.

• Case Example: Aguilars, et al., vs Lightbringers Credit Cooperative, GR No. 209605, Jan. 12, 2015. Failure to file a pre-trial brief can lead to serious consequences.

Other Pre-Trial Matters

• Waiver of Objections and Cross-examination: Objections to evidence and the right to cross-examine witnesses may be waived during pre-trial.

• Judgment After Pre-Trial: If the parties agree on all facts and legal issues, the court may render judgment after pre-trial.

• Rules on Summary Procedure: Cases under Summary Procedure have a Preliminary Conference, which is a simplified version of a pre-trial.

Other Pre-Trial Matters

• Case Example: Durban Apartments Corp. vs. Pioneer Insurance Surety Corporation, GR No. 179419, Jan. 12, 2011. Judgment can be rendered after pre-trial in appropriate cases.

• Case Example: Kent vs. Micarez, et al., GR No. 185758, Mar. 9, 2011. Waiver of objections must be clear and unequivocal.

Mediation and Dispute Resolution

• Court-Annexed Mediation and Judicial Dispute Resolution: Parties are encouraged to use these alternative dispute resolution mechanisms to achieve early settlement.

• Confidentiality of Proceedings: Proceedings in mediation and judicial dispute resolution are confidential.

• Case Example: Senario vs. Judge Paderanga, AM No. RTJ-06-025, Apr. 5, 2010. The court emphasized the importance of mediation in resolving disputes.

Intervention: Leave & Timeliness

• Leave of Court: A person seeking to intervene must obtain leave of court.

• Period to Intervene: Intervention must be filed before or during the trial.

• Case Example: Ongco vs. Dalisay, G.R No. 190810, July 18, 2012. This case highlights the importance of timely intervention.

Intervention: Who & How

• Who May Intervene: A person with a legal interest in the subject matter of the action may intervene.

• Complaint-in-Intervention: The intervenor must file a complaint-in-intervention stating their claim.

• Court Action: The court may grant or deny the motion to intervene.

Intervention: Who & How

• Case Example: Manalo vs. CA, 419 Phil 215 (2001). The intervenor must have a legal interest in the subject matter.

• Case Example: Majestic Finance and Investment Co. Inc vs Mendoza, et al., GR No. 197442, Oct. 22, 2014. A complaint-in-intervention is required.

• Case Example: Pinlac vs. CA, GR No. 91486, Sept. 10, 2003. The court has discretion to grant or deny intervention.

Intervention: Additional Considerations

• Republic vs. Sereno, GR No. 237428, May 11, 2018. Public interest may justify intervention.

• Manalaysay-Labrador vs. CA, 259 Phil 748 (1989). The intervenor must have a direct interest in the subject matter.

• Big Country Corp. vs. CA, GR No. 102927, Oct. 12, 1993. The court considers various factors in granting intervention.

• Anonuevo vs. Intestate Estate of Rodolfo Jalandoni, G.R No. 178221, Dec 1, 2010. The intervenor must have an interest in the subject matter of the litigation.

Assignment & Calendar of Cases

• Assignment of Cases: Cases are assigned to branches through a raffle system to ensure impartiality.

• Calendar of Cases: The court prepares a calendar of cases, which is publicly posted in a conspicuous place.

• Importance of Transparency: The raffle system and public posting of the calendar ensure transparency and public access to court proceedings.

Subpoena: Types & Contents

• Subpoena Duces Tecum: Requires the production of documents or other things.

• Subpoena Ad Testificandum: Requires a person to appear and testify.

• Required Contents: The subpoena must specify the court, time, date, case number, and a description of the documents or testimony required.

Issuance & Service

• Issuance of Subpoena: Subpoenas are issued by the court or the clerk of court.

• Service: Subpoenas must be served personally or as directed by the court.

• Subpoena to Prisoners: Special procedures apply to subpoenas directed to prisoners.

• Subpoena for Depositions: Subpoenas for depositions may be issued to compel attendance at depositions.

Quashing & Attendance

• Grounds to Quash: Subpoenas may be quashed if they are unreasonable, oppressive, irrelevant, or violate privilege.

• Compelling Attendance: The court may issue a warrant of arrest to compel the attendance of a witness who fails to comply with a subpoena.

• Electronic Evidence Authentication: Rule 20 of the Rules on Evidence addresses authentication of Electronic Evidence.