ADMINISTRATIVE
CIRCULAR NO. 4 [1988]
TO:
ALL
JUDGES OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS,
MUNICIPAL
TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT
TRIAL
COURTS
SUBJECT:
EXPEDITIOUS
DISPOSITION OF CASES.
The flow of
cases
in the trial courts, from the time of filing until their final
disposition,
has been the subject of constant public criticism. The trial period is
exceedingly long. It usually takes more than two or three years to
finish.
The slow grind of the trial court machinery has made the legal maxim "justice
delayed is justice denied" aptly descriptive of the dismal
situation
obtaining in that level of jurisdiction. Indeed, the ultimate victims
are
always the ordinary litigants. The real culprit is the common practice
of piecemeal trial of cases that sets cases for trial one day at a time
and thereafter continued or postponed to another date until all the
parties
have finished their presentation of evidence.
A. General
Guidelines
for All Trial Courts.
In order to
minimize
the aforesaid delay in the processing of cases in the trial courts, the
following guidelines are hereby issued for strict compliance by all the
trial judges in the management of their calendar:chanrobles virtual law library
[1] During
the pre-trial
of all civil cases, including special proceedings and special civil
actions,
whenever practicable, which does not result in an amicable settlement,
the following matters, aside from those already mentioned in Rule 20,
Rules
of Court, must be agreed upon by the parties before the pre-trial is
terminated:chanroblesvirtuallawlibrary
(a) the
number
of witnesses to be presented;
(b) the
approximate
number of hours that will be required by them for the presentation of
their
respective evidences; and cralaw:red
(c) the
specific
trial dates needed to complete evidence presentation by all the parties
which must be within a period of three [3] months from the first day of
trial.
1.1.
Where cases
passed the pre-trial stage but not yet tried at the time of the
issuance
of this Circular, the parties shall be called to a conference for the
purpose
of making the agreements referred to above.
1.2. Cases
already being
tried at the time of the issuance of this Circular shall be immediately
set for conference in accordance with the procedure set forth in
Section
6, Rule 22 of the Rules of Court, with the end in view of eventually
setting
them for completion of the trial phase within three [3] months. The
older
cases shall be given priority in the trial calendar.
1.3. In
criminal cases,
the parties must also agree on the matters stated in paragraph 1 above,
immediately after arraignment if there is still a need for trial
thereafter.
1.4. These
agreements
must be made in open court before the parties are dismissed from the
courtroom.
The agreed dates shall be written on the record of the case and the
parties
and their counsels shall be required to affix their signatures below
the
dates inscribed on the record of the case in open court. They shall be
advised by the Court that they are all deemed notified of these agreed
trial dates in open court and that no further notice will be sent to
them.
The parties shall be further advised that they will be responsible for
bringing their respective witnesses on the dates they are scheduled to
testify.
1.5. The names
and addresses
of witnesses that need to be summoned by subpoenas shall be given at
the
same time when the foregoing matters are agreed upon, so that the
necessary
subpoenas may be issued on time for the dates of their appearance in
Court.
Counsels or their representatives may be allowed to serve the subpoenas
to insure service thereof and the submission of the returns on time.
[2] Each party
is bound
to complete the presentation of his evidence within the trial dates
assigned
to him. After the lapse of said dates, the party is deemed to have
completed
his evidence presentation. However, upon verified motion based on
serious
reasons, the judge may allow a party additional trial dates in the
afternoon:
Provided, That said extension will not go beyond the three-month limit
computed from the first trial date.
[3] Except
in those
cases where the law gives them preferential attention, priority in
calendaring
of cases shall be according to the dates they become ready for trial. A
case is deemed ready for trial after completion of the pre-trial
conference
and factual issues still remain.
[4] Cases
which
shall be given preferential attention such as habeas corpus, tourist
cases,
election cases, criminal cases, where the accused is detained, special
civil actions, or cases tried under the Rule on Summary Procedure, if
not
accommodated in the regular calendar, shall be tried in the afternoons
in addition but without prejudice, to those cases already scheduled for
the day. B. Pilot
Project
for Test Efficiency of Continuous Trial.
To find out
whether
continuous trial of one or at most three [3] cases at a time would
expedite
disposition of cases, a pilot project will be established in selected
Courts
where this method of trial will be adopted.
[1] Within
three
months from issuance of this Circular, the Court Administrator shall
submit
to the Court a list of branches of the trial courts where, on the bases
of existing dockets, court facilities, support resources and in
consultation
with the Integrated Bar of the Philippines, continuous trial of cases
may
be conducted. In such pilot Courts, all cases shall be tried
continuously
until the cases are finally decided, and in no case shall the entire
trial
period exceed three [3] months from the first day of trial unless
otherwise
authorized by the Chief Justice pursuant to Section 3, Rule 22 of the
Rules
of Court.cralaw:red
The
following guidelines
shall be observed in the selection of the Court for inclusion in this
pilot
project:chanrobles virtual law library
(a) The
average
docket should not exceed 200 for RTC and 300 for MTC;
(b) The
Courts are
situated in areas where the local governments are financially able to
extend
support for immediate services of summons and subpoenas;
(c) There
are sufficient
number of practicing lawyers in proportion to the number of cases in
the
docket.cralaw:red Upon
submission of the
list, the selected Judges shall undergo a two week orientation seminar
and, thereafter, on a date to be fixed by the Court, the continuous
trial
program shall be implemented.
[2] Within
a period
of six months from operation of the continuous trial program in pilot
areas,
the Court Administrator shall submit to the Court a study on the
feasibility
of applying the program to all trial Courts in the Philippines,
together
with the implementing Circulars and proposed Amendments to the Rules of
Court necessary for a continuous trial program.cralaw:red
September
22, 1988.
[Sgd.]
MARCELO
B. FERNANChief
Justice |