1997 Rules on Civil Procedure Rule 20

2001 Edition < DRAFT COPY; Please check for errors > Calendar of Cases

Rule 20
CALENDAR OF CASES

Section 1. Calendar of cases. The clerk of court, under the direct supervision of the judge, shall keep a calendar of cases for
pre-trial, for trial, those whose trials were adjourned or postponed, and those with motions to set for hearing. Preference shall be
given to habeas corpus cases, election cases, special civil actions, and those so required by law. (1[a], R22)

The clerk of court has a calendar of cases cases for pre-trial, trial cases, which were postponed. When will be the continuation of the trial? May scheduling yan eh. Of
course, the law says, preference shall be given to certain type of cases like habeas corpus. It is very important because that involves the freedom of an individual.

Sec. 2. Assignment of cases. The assignment of cases to the different branches of a court shall be done exclusively by raffle. The
assignment shall be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity
to be present. (7a, R22)

For example, in Davao City, there are more than 10 branches. Now, when you file a case, how will we determine whether the case will be assigned to Judge Malcampo
or Judge Quitain or Judge Torres? Raffle yan. Niraraffle yan. I remember the ordinary raffling day in Davao City is every Tuesday. They raffle the cases. All representatives
of the different branches are there and then they have a system of raffling. Which case will go to you? Para hindi ka makapili. So, that is how cases are assigned.

So, pag- raffle ng kaso, there should be adequate notice to the parties. This is one section where the clerk of court had a hard time applying it. Do you know why?

Because the present practice, pag- file mo ng kaso, they will immediately raffle it and then i-assign na sa branch. The branch clerk of court will now issue the summons.
Meaning, by the time it reaches the defendant, naka- assign na. Suppose the defendant will object, When that raffling was done, I was not notified. I will question the raffle
because it would seem that the requirement is that the plaintiff and the defendant should be notified of the raffling. Yaan!

Property of LAKAS ATENISTA 282