Professional Documents
Culture Documents
Rules 22 and 24
Revised Rules of Civil Procedure
(Pursuant to A.M. 14-03-02-SC, March 8, 2014)
2 Rules 27 to 31 have not yet been adopted and, thus, may not yet be applicable to
pilot-courts.
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A. Common Rules
1. Advise the witness that he/she may testify either in
English or Filipino. [Section 24.17]
2. If the witnesses cannot properly take part in the
exchange because of language difficulty, move that the
examination of the witness be conducted in the language
or dialect known to the witness. [Section 24.17]
3. Follow the sequence of factual issues to be tried by the
court as appearing in the Order of Trial. Prepare the
witness or witnesses to be presented to testify on the
factual issue or related issues scheduled for hearing
[Section 24.4(a)].
4. Examine the witnesses to determine the truthfulness of
their judicial affidavits [Section 24.4(d)].
5. Take
exception/s or objection/s to the questions
propounded by the court or other counsel to the witness
as follows [Sections 24.8 and 24.9]:
Type of Objection
FORM, i.e., questions are
argumentative,
leading,
multiple, repetitive, vague,
improper characterization,
confusing or unfair
SUBSTANCE, i.e., questions
are perceived to elicit
inadmissible answers such
as, but not limited to, those
relating to right against selfincrimination,
privileged
communication,
disqualification, Statute of
Frauds, rape shield law,
bank secrecy laws, AntiMoney Laundering Act, and
other
laws
or
rules
prohibiting disclosure of
information or data
ADMISSIBILITY
under
applicable provisions of the
Rules on Evidence, i.e., best
evidence, parol evidence,
conclusion
or
opinion
evidence, hearsay evidence,
irrelevant
evidence
or
character evidence
When made
After question has
been answered
Court Action
(1) Note the exceptions
or, (2) strike out the
answer and rephrase
the question
Before witness
answers the
questions
Promptly
rule
on
exceptions or motions
If answer already
given, counsel may
move to strike out
the answer
Note
exception
and
consider when deciding
the case
B. Allowed Motions
1. Motion to admit newly discovered evidence - If evidence
is newly discovered during trial, file a motion to admit the
newly-discovered evidence. [Section 24.16].
2. Motion to amend Order of Trial- If new issues arise during
the course of trial, even without amending the pleadings,
file a motion to amend the Order of Trial [Section 24.16].
3. Motion for leave for an expert to ask question directed to
adverse partys expert witness- If necessary, file a Motion
for Leave for an expert witness to ask questions directed
to the adverse partys expert witness on any matter
covered by the testimony of the latter on the issue or
related issues at hand [Section 24.11].
C. Modes of Trial
1. ALTERNATE TRIAL
a) Presentation of witnesses by the parties.
i If you have the burden of proving the
affirmative
of
the
first
issue
under
consideration, be the first to present witnesses
respecting such issue [Section 24.5(b)].
ii If more than one witness will be presented,
present the witnesses successively respecting
such issue. [Section 24.5(b)]
iii After each witness is presented, the court will
be the first to examine each of the witnesses.
[Section 24.5(c)]
iv After the court examines each of the witnesses
presented, the counsel/s will then take turns to
conduct the cross, re-direct and re-cross of the
particular witness. [Section 24.5(c)]
v After the court and the counsels have
examined all the witnesses for the particular
issue or related issues, the counsel for the
adverse party shall present the witness/es for
that issue [Section 24.5(e)].
vi After each adverse party witness is presented,
the court will be the first to examine each of
the witnesses. [Section 24.5(c)]
vii After the court examines each of the witnesses
presented by the adverse party, the counsel/s
will then take turns to conduct the cross, redirect and re-cross of the adverse party
witness/es. [Section 24.5(c)]
viiiDuring the examination of the witnesses
ensure that it is entirely focused on the issue/s
at hand and not dwell on matters outside of
and totally unrelated to such issue/s. [Section
24.5(d)].
ix After all the witnesses from both sides have
been examined respecting the issue or related
issues, move on to the next issue or related
issues as appearing in the Order of Trial.
[Section 24.5(e)] following the same rules.
b) Memorandum and Oral Arguments
i After the examination of all the witnesses of
the contending parties by the court and
counsels, and all the issues as appearing on
the Order of Trial have been heard,
simultaneously submit the memorandum or
draft decision within thirty (30) days from the
last day of trial. A softcopy of the document in
a format acceptable to the court shall also be
included [Section 24.13 (a) (1)].
ii After the memoranda of the parties have been
submitted, prepare and present the case for
oral argument on such date and time as the
court and parties may agree on [Section 24.13
(a) (2)].
iii Await the decision of the court which will be
rendered within ninety (90) days after the oral
arguments of the parties. [Section 24.13 (a)
(3)]
2. REGULAR FACE-TO-FACE TRIAL
a) Ground rules
i Make sure that all the witnesses are present
during the scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-toface examination are not included, i.e., a child
witness or a person who is mentally,
psychologically, or physically challenged or
under a similar conditions that puts such
witness in a disadvantage in a face-to-face
confrontation. Examine these exempt witness
iii
iv
v
vi
vii
ii
iii
iv
v
a) Ground rules
i Make sure that all the witnesses are present
during the scheduled hearing. [Section 24.6(a)]
ii Ensure that witnesses exempt from face-toface examination are not included, i.e., a child
witness or a person who is mentally,
psychologically, or physically challenged or
under a similar conditions that puts such
witness in a disadvantage in a face-to-face
confrontation. Examine these exempt witness
separately on the schedules indicated in the
Order of Trial. [Section 24.10]
iii Arrange the witness in such a way that they sit
face-to-face around the table in a nonadversarial environment [Section 24.6(b)].
iv Ensure that only one person at a time shall
speak during trial and with prior permission of
the court. [Section 24.6(c)].
v Instruct the witnesses and the parties that the
person who is speaking must identify
himself/herself for the record at all times
[Section 24.6(c)].
vi Object to a witness who attempts pose
questions to other witnesses relating to their
testimonies. [Section 24.6 (e)]
vii Ensure that witnesses are given equal time and
opportunity to answer questions propounded
by the court and/or the counsels [Section 24.6
(e)].
viiiConduct the trial in one setting. [Section 24.12]
b) First phase: Examination by the Court
i All the witnesses from the contending sides
appearing
before
the
court
shall
simultaneously swear to the truth of their
respective testimonies. [Section 24.6(a)]
ii Observe the court as it examines and questions
the witnesses from the contending sides
regarding the issue or related issues at hand in
no particular sequence and take note of the
answers given by the witnesses in preparation
for the second phase [Section 24.7 (g)].
iii When the questions are directed to your
specific witness, your other witnesses may
seek permission to supplement, clarify or
SAMPLE CASE
Company A, a construction company, entered into supply contract with Company B as
supplier. One of the terms of the contract is for Company B to supply 100 pcs. of Narra wood
panels to be used as flooring in Companys A projects. One of the requisites for the
perfection of the contract is for Company B to provide a Narra wood panel sample to
Company A. Company B presented Narra wood panel class 3 to Company A which the latter
approved.
Company A is now suing Company B for breach of contract with damages for failure to
provide the Narra wood panels to Company A in accordance with the terms of the contract.
In its Answer, Company B argued that it complied with the terms of the contract because it
delivered Narra wood panels. Its failure to deliver the Narra wood panel class 3 to Company
A was due to a log ban imposed by the government which constitutes a fortuitous event.
Company B argued that the wood panel it provided is Narra wood class 4 which substantially
complies with its obligation under the contract.
During preliminary conference, the issues were identified as follows:
(a) Whether or not Company B breached its obligation under the supply contract to
supply Narra wood panels to Company A;
(b) Whether or not the log ban is considered a fortuitous event; and
(c) Whether or not Company B is liable for damages to Company A.
J
U
D
G
E
St
en
og
ra
ph
er
After
Counsels After
Counsels
(Company B) cross- (Company
A)
reexamination
direct-examination
B. Trial on the second issue of whether or not the log ban is considered a
fortuitous event