Article 159p. 159

NATIONAL INTERNAL REVENUE CODE TAXATION, TARIFF and CUSTOMS LAWS

RULE 11 PRE-TRIAL

SECTION 1. Applicability. – The rule on pre-trial under

Rules 18 and 118 of the Rules of Court, as amplified in A.M.

No. 03-1-09-SC dated July 13, 2004 (Re: Rule on Guidelines

to be Observed by Trial Court Judges and Clerk of Court

in

the

Conduct

of

Pre-Trial

and

Use

of

Deposition-Discovery Measures), shall apply to all cases

falling within the original jurisdiction of the Court, except

that the parties may not be allowed to compromise the

criminal

liability

or

submit

the

case

to

mediation,

arbitration

or

other

mode

of

alternative

dispute

resolution. (n)

SEC. 2. Mandatory pre-trial. – In civil cases, the Clerk of

Court shall set the case for pre-trial on the first available

date immediately following the tenth day after the filing

of the answer.

In criminal cases, the Clerk of Court shall set the case for

pre-trial not later than ten days after arraignment, if the

accused is detained, nor later than thirty days if the

accused is on bail.

(RCTA, Rule 11, sec. 1a)

SEC. 3. Setting for an earlier date. – Where, due to the

urgency of the case, either party desires that the pre-trial

be set on an earlier date, such party shall so state in his

pleading, in which event the clerk of Court shall set the

pre-trial on the first available date immediately after the

filing of the answer. (RCTA, Rule 11, sec. 2a)

SEC. 4. Duty of the Court. – The Court shall confer with

the

parties

in

pre-trial

conferences

with

a

view to

narrowing the issues, making admissions of or stipulating

on facts, simplifying the presentation of evidence, or

otherwise assisting in the preparation for trial or possible

disposition of the case in whole or in part without trial. (n)

SEC. 5. Procedure in civil cases. – In civil cases, the parties

shall submit, at least three days before the pre-trial, their

respective pre-trial briefs containing the following:

(a) A statement of their willingness to compromise the

civil liability indicating its desired terms, except that the

case

shall

not

be

subject

to

referral

to

mediation,

arbitration

or

other

mode

of

alternative

dispute

resolution;

(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

their

purpose.

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

pre-marked and identified, unless allowed by the Court to

prevent manifest injustice;

(e) A manifestation of their having availed themselves of

discovery procedures or referral to commissioners; and

(f)

The

numbers

and

names

of

the

witnesses, the

substance of their testimonies and the approximate

number of hours that will be required by the parties for

the presentation of their respective witnesses.

The consequence on the party at fault shall be the same

as the effect of failure to appear.

Failure to file the pre-trial brief or to comply with its

required contents shall have the same effect as failure to

appear at the pre-trial.

(Rules of Court, Rule 18, sec. 6a)

SEC. 6. Procedure in criminal cases. –

(a)

Before

the

preliminary

conference. – Before the

pre-trial

conference,

the

Court

may

issue

an

order

referring the case to the Division Clerk of Court for a

preliminary conference of the parties at least three days

prior to the pre-trial:

(1) To mark the documents or exhibits to be presented by

the parties and copies to be attached to the records after

comparison;

(2) To consider other matters as may aid in its disposition;

and

(3) To inform the parties that no evidence shall be allowed

to be presented and offered during the trial other than

those identified and marked during the pre-trial unless

allowed by the Court to prevent manifest injustice.

(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, Sec. 1B[2]a)

(b) During the preliminary conference. – The Division

Clerk of Court shall:

(1) Mark the documents to be presented as exhibits and

copies attached to the records after comparison;

(2) Ascertain from the parties the undisputed facts and

admission on the genuineness and due execution of

documents marked as exhibits; and

(3) Consider such other matters as may aid in the prompt

disposition of the case.

The proceedings during the preliminary conference shall

be recorded in the minutes of preliminary conference to

be signed by both parties and counsel. The Division Clerk

of

Court

shall

attach

the

minutes

of

preliminary

conference and the exhibits to the case record before the

pre-trial.

(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, Sec. IB[3]a)

(c) During the pre-trial conference. – The Court at the

pre-trial conference shall consider the following:

(1) Stipulation of facts and issues raised;

(2) Marking for identification of evidence of the parties;

(3) Waiver of objections to admissibility of evidence;

(4) Modification of order of trial; and

(5) Such matters as will promote a fair and expeditious

trial of the criminal and civil aspects of the case.

(Rules of Court, Rule 118, sec. 1a).

All agreements or admissions made or entered during

the pre-trial conference shall be in writing and signed by

the accused and counsel; otherwise, they cannot be used

in evidence against the accused. The agreements shall be

subject to the approval of the Court.

(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, Sec. IB[8]a; and Rules of

Court, Rule 118, sec. 2a)

The Court may impose appropriate sanctions or penalties

on the accused or counsel or the prosecutor who does

not appear at the pre-trial conference and does not offer

an

acceptable

excuse

for

his

absence

and

lack

of

cooperation. (Rules of Court, Rule 118, sec. 3a)

(d) Pre-trial order. – After the pre-trial conference, the

Court shall issue a pre-trial order reciting the actions

taken,

the

facts

stipulated,

the

admissions

made,

evidence marked, and such other matters covered during

the pre-trial conference. The order shall bind the parties,

limit the trial to matters not disposed of and control the

course of the action during the trial, unless modified by

the Court to prevent manifest injustice. (Rules of Court,

Rule 118, sec. 4a)

RULE 12 TRIAL

SECTION 1. Procedure. – The Court shall conduct the trial

in accordance with Rule 30 of the Rules of Court in civil

cases and Rule 119 thereof in criminal cases. (n)

SEC. 2. Power of the Court to receive evidence. – The

Court may receive evidence in the following cases:

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