xxx xxx xxx

RULE 144

EFFECTIVENESS

These Rules shall take effect on January 1, 1964. They shall govern all cases
brought after they take effect, and also all further proceedings in cases then
pending, except to the extent that in the opinion of the court, their application
would not be feasible or would work injustice, in which event the former procedure
shall apply.

The 2019 Proposed Amendments to the 1997 Rules of Civil Procedure shall govern
all cases filed after their effectivity on May 1, 2020, and also all pending
proceedings, except to the extent that in the opinion of the court. their application
would not be feasible or would work injustice, in which case the procedure under
which the cases were filed shall govern. (n)

The application and adherence to the said amendments shall be subject to periodic
monitoring by the Subcommittee, through the Office of the Court Administrator
(OCA). For this purpose, all courts covered by the said amendments shall
accomplish and submit a periodic report of data in a form to be generated and
distributed by the OCA. (n)

All rules, resolutions, regulations or circulars of the Supreme Court or parts thereof
that are inconsistent with any provision of the said amendments are hereby
deemed repealed or modified accordingly. (n)
 PRESCRIBED FORM NO.1

NOTICE OF PRE-TRIAL

The parties are hereby required to appear personally or through their duly
authorized representative, and their counsel in the Pre-Trial on _________ at
_________ o clock A.M./P.M., and in the following proceedings:

1. COURT-ANNEXED MEDIATION: (To be scheduled at pre-trial)

2. JUDICIAL DISPUTE RESOLUTION: (To be scheduled at pre-trial if deemed

necessary by the court.)

The parties and their counsels are required to be present at the pre-trial and to file
with the court and serve on the adverse party at least three (3) days before the
date of the pre-trial their respective pretrial briefs which shall contain, among
others:

(a) A concise statement of the case and the reliefs prayed for;

(b) A summary of admitted facts and proposed stipulation of facts;

(c) The main factual and legal issues to be tried or resolved;

(d) The propriety of referral of factual issues to commissioners;

(e) The documents or other object evidence to be mark ed, stating the purpose
thereof;

(f) The names of the witnesses, and the summary of their respective testimonies;
and

(g) Brief statement of points of law and citation of authorities.

Failure to file the pre-trial brief shall have the same effect as failure to appear at
the pre-trial.

Non-appearance at the Pre-Trial or any of the foregoing settings shall merit the
sanction of dismissal of the action, for the plaintiff s and his or her counsel s
non-appearance, and allowance of plaintiff s ex parte evidence presentation
and ex parte judgment, for defendant s and his or her counsel s non-
appearance. The non-appearance of a party and counsel may be excused only for
acts of God, force majeure, or duly substantiated physical inability.
A representative, through a special power of attorney, may appear on behalf of a
party, but shall be fully authorized in writing to enter into an amicable settlement,
to submit to alternative modes of dispute resolution, and to enter into stipulations
or admission of facts and documents.

The parties and their counsel, who are required to attend the Pre-Trial shall be
ready.

No reservation of evidence not available during the Pre-Trial shall be allowed unless
done in the following manner:

(a) For testimonial evidence, by giving the name or position and the nature of the
testimony of the proposed witness;

(b) For documentary evidence and other object evidence, and electronic evidence,
by giving a particular description of the evidence.

The failure without just cause of a party and counsel to appear at the Pre-Trial,
despite notice, shall result in a waiver of any objections to the faithfulness of the
reproductions mark ed, or their genuineness and due execution.

The failure without just cause of a party and counsel to bring the evidence required
at the Pre-Trial shall be deemed a waiver of the presentation of such evidence.

WITNESS, the HON. ________, Presiding Judge of this Court, this ________ day of
________, 20________ at ________.

___________________
Branch Clerk of Court
 PRESCRIBED FORM NO.2

PRE-TRIAL ORDER

I. PLAINTIFF S EVIDENCE

A. Documentary and other Object Evidence:

Exhibit A - Description;
Exhibit B - Description;
Exhibit C - Description;

B. Testimonial Evidence

Judicial Affidavit of ________;

Judicial Affidavit of ________;
Judicial Affidavit of ________;

C. Reserved Evidence;

Description;

II. DEFENDANT S EVIDENCE

A. Documentary and other Object Evidence:

Exhibit A - Description;
Exhibit B - Description;
Exhibit C - Description;

B. Testimonial Evidence:

Judicial Affidavit of ________;

Judicial Affidavit of ________;
Judicial Affidavit of ________;

C. Reserved Evidence:

Description;
Evidence not pre-marked and listed herein shall not be allowed during trial.

III. ADMITTED FACTS AND STIPULATION OF FACTS

IV. ISSUES TO BE TRIED OR RESOLVED

In case there are no more controverted facts or genuine issues to be resolved, the
court shall so declare in the pre-trial order and shall motu proprio consider the case
submitted, without prejudice to a party moving, for judgment on the pleadings or
summary judgment, without need of position papers or memoranda. In such cases,
judgment shall be rendered within ninety (90) calendar days from termination of
the pre-trial. However, if there are controverted facts or genuine issues to be
resolved, the court shall first refer the case to the Philippine Mediation Center Unit
for mediation purposes.

V. MANIFESTATION OF PARTIES HAVING AVAILED OR THEIR INTENTION

TO AVAIL OF DISCOVERY PROCEDURES OR REFERRAL TO COMMISSIONERS

VI. NUMBER AND NAMES OF WITNESSES, THE SUBSTANCE OF THEIR

TESTIMONIES, AND APPROXIMATE NUMBER OF HOURS THAT WILL BE
REQUIRED BY THE PARTIES FOR THE PRESENTATION OF THEIR
RESPECTIVE WITNESSES

VII. SCHEDULE OF CONTINUOUS TRIAL DATES FOR BOTH PLAINTIFF

AND DEFENDANT

Trial shall proceed on ________, all at 8:30 A.M. and 2:00 P.M., for the plaintiff or
claiming party to present and terminate its evidence; and on ________, all at 8:30
A.M. and 2:00 P.M., for the defendant or defending party to present and terminate
its evidence. * [This will depend on the number of witnesses listed. It is suggested
that for every witness, at least two (2) trial dates should be allotted. The trial dates
may likewise be one (1) day apart.]

The trial dates are final and intransferrable, and no motions for postponement that
are dilatory in character shall be entertained by the court. If such motions are
granted in exceptional cases, the postponement/s by either party shall be deducted
from such party s allotted time to present evidence.

The parties are hereby ordered to immediately proceed and personally appear at
the Philippine Mediation Center located at ________________ (PMC Unit)
today, (date today) with or without their counsel/s, for mediation proceedings. The
assigned Mediator is ordered to submit a report to this court on the results of the
mediation based on the factual and legal issues to be resolved within a non-
extendible period of thirty (30) calendar days from the date of the courts referral of
this case to the PMC Unit.

Should mediation fail after the lapse of the said 30-day period, the parties are
ordered to appear before the court so that the trial shall proceed on the trial dates
indicated above. Only if the judge of the court to which the case was originally
raffled is convinced that settlement is possible that the case may be referred to
another court for judicial dispute resolution, which shall be conducted within a non-
extendible period of fifteen (15) calendar days from notice of the court-annexed
mediation. If judicial dispute resolution fails, trial before the original court shall
proceed on the dates agreed upon.

Failure of the party or his or her counsel to comply with the abovementioned
schedule of hearings and deadlines shall be a ground for imposition of fines and
other sanctions by the court.

The parties and their counsel are hereby notified hereof, and the court shall no
longer issue a subpoena to the parties present today.

CONFORMITY

___________________________ ___________________________
Plaintiff Defendant

___________________________ ___________________________
Plaintiff’s Counsel Defendant’s Counsel

ATTESTED:

_______________________
Branch Clerk of Court

NOTED BY:

_______________________
Presiding Judge

---------------------

1
Per Supreme Court Resolution on Bar Matter No. 803 dated April 8, 1997
2
Supreme Court Resolution dated October 15, 2019 approving the 2019 Proposed
Amendments to the 1997 Rules of Civil Procedure (Effective May 1, 2020).