CIRCULAR
NO. 1-89
TO: COURT
OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT
TRIAL
COURTS, SHARI’A DISTRICT TRIAL COURTS AND SHARI’A CIRCUIT COURTS, ALL
MEMBERS
OF THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF THE INTEGRATED
BAR OF THE PHILIPPINES
SUBJECT:
GUIDELINES TO BE OBSERVED BY DESIGNATED BRANCHES OF THE TRIAL COURTS IN
THE CONDUCT OF MANDATORY CONTINUOUS TRIAL.
A pilot
project
to test the efficacy of continuous trial was established under
Administrative
Circular No. 4 dated September 22, 1988. Under Administrative Order No.
135 dated December 21, 1988, the Court designated the branches of trial
courts that shall participate in the pilot project for mandatory
continuous
trial.cralaw:red
The continuous trial
system envisioned under Administrative Circular No. 4 is a mode of
judicial
fact-finding and adjudication conducted with speed and dispatch so that
trials are held on the scheduled dates without needless postponement,
the
factual issues for trial, well defined at pre-trial and the whole
proceedings
terminated and ready for judgment within ninety [90] days from the date
of initial hearing, unless for meritorious reasons, an extension is
permitted,
as hereinafter provided for.cralaw:red
The system requires
that the Presiding Judge should (a) adhere faithfully to the session
hours
prescribed by law; (b) maintain full control of the proceedings; and
(c)
efficiently allocate and use time and court resources to avoid court
delays.cralaw:red
Considering the provisions
of Section 12, Article XVIII of the 1987 Constitution, mandating the
adoption
of a systematic plan to expedite the decision or resolution of cases in
the trial courts and complementing further the Court’s Resolution of
April
7, 1988 implementing Administrative Circular No. 1 of January 28, 1988,
the Supreme Court, effective February 1, 1989, hereby establishes the
following
guidelines to be observed by designated branches of the trial courts in
the conduct of mandatory continuous trial under Administrative Order
No.
135:chanroblesvirtuallawlibrary
I. Pre-Trial
A. Civil Cases
[1]
The parties
shall submit at least three (3) days before the conference pre-trial
briefs
containing the following:chanroblesvirtuallawlibrary
(a) Brief
statement
of the parties’ respective claims and defenses;
(b) The
number of
witnesses to be presented;
(c) An
abstract of
the testimonies of witnesses to be presented by the parties, and the
approximate
number of hours that will be required by them for the presentation of
their
respective evidence;
(d) Copies
of all
documents intended to be presented;
(e)
Admissions;
(f)
Applicable laws
and jurisprudence;
(g) The
parties’
respective statements of the issues; and
(h) The
available
trial dates of counsel for complete evidence presentation, which must
be
within a period of three months from the first day of trial.
[2] At the
pre-trial
conference:chanroblesvirtuallawlibrary
(a) The
Judge,
with all tact and patience, shall endeavor to persuade the parties to
arrive
at a settlement of the dispute, or agree to stipulation of facts
including
the authenticity of documents to be submitted during the trial.
(b) The
Judge shall
then define the factual issues arising from the pleadings and endeavor
to narrow them down to material issues.cralaw:red
(c) If only
legal
issues are presented, the Judge shall require the parties to submit
their
respective memoranda on the issues and shall render judgment thereon.cralaw:red
(d) If a
trial is
to be conducted, the Judge shall fix the necessary trial dates to
complete
presentation of evidence by both parties within 90 days from initial
hearing.cralaw:red
[3] The
pre-trial order
shall include the following:chanroblesvirtuallawlibrary
(a) A
statement
of the nature of the case;
(b) The
stipulations
or admissions of the parties, including testimonial and documentary
evidence;
(c) The
issues involved:
[1] factual; and [2] legal;
(d) Number
of witnesses;
(e) The
dates of
trial.cralaw:red
[4] This is
without
prejudice to a finding that either judgment on pleadings or summary
judgment
is appropriate.
[5] Failure to
file
pre-trial briefs may be given the same effect as the failure to appear
at the pre-trial.B. Criminal
Cases
[1] The
private
offended party shall be required to appear at the arraignment for
purposes
of plea-bargaining, determination of civil liability or other matters
requiring
his presence.
[2] Where
the accused
and counsel agree to a pre-trial, the pre-trial shall proceed in
accordance
with Rule 118.cralaw:red
[3] If the
accused
does not agree to a pre-trial, the Court shall fix the trial dates for
the presentation of evidence by the parties. The trial fiscal, the
accused,
and counsel shall affix their signatures in the minutes to signify
their
availability on the scheduled dates set for reception of evidence.cralaw:red
II. TRIAL
(Civil,
Criminal)
[1] Not
more than
three (3) cases shall be scheduled for daily trial.
[2] The
Presiding
Judge shall make arrangements with the Prosecutor and the CLAO Attorney
so that a relief Prosecutor and CLAO Attorney are always available in
case
the regular Prosecutor and CLAO Attorney are absent.cralaw:red
[3]
Likewise, contingency
measures must be taken for any unexpected absence of a stenographer and
other support staff assisting in the trial.cralaw:red
[4] The
issuance
and service of subpoenas shall be done in accordance with
Administrative
Circular No. 4 dated September 22, 1988.cralaw:red
[5] A
strict policy
on postponements shall be observed.cralaw:red
[6] The
Judge shall
conduct the trial with utmost dispatch, with judicious exercise of the
Court’s power to control the trial to avoid delay.cralaw:red
[7] The
trial shall
be terminated within ninety (90) days from initial hearing. Appropriate
disciplinary sanctions may be imposed on the Judge and the lawyers for
failure to comply with this requirement due to causes attributable to
them.cralaw:red
[8] 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.cralaw:red
[9] Copies
of all
judgments rendered by the designated courts shall be furnished the
Office
of the Court Administrator within five (5) days from rendition.cralaw:red
January 19,
1989.
Very
truly yours,
[Sgd.]
MARCELO
B. FERNANChief
Justice
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