SC CIRCULAR NO. 1-89, January 19, 1989

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. 134, dated December 20, 1988, the
court designated the branches of trial courts that shall participate
in the pilot project for mandatory continuous trial.

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.

The system requires that the Presiding Judge (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.

Considering the provisions of Section 12, Article XVIII of the
1987 Constitution, mandating the adoption of a systematic plan to
expedite the decision or solution of cases in the trial courts and
complementing further die Courts 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. 134:

1. PRE-TRIAL

1. Civil Cases

   1. The parties shall submit at least three (3) days before the conference pre-trial briefs containing the following:
   1. Brief statement of the parties’ respective claims and defenses;
   2. The number of witnesses to be presented;
   3. 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;

   4. Copies of all documents intended to be presented;
   5. Admissions;
   6. Applicable laws and jurisprudence;
   7. The parties’ respective statement of the issues; and
   8. 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:
   1. 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 submitted during the trial.

   2. The judge shall then define the factual issues arising from tlu: pleadings and endeavor tr narrow them down to material issues.
   3. 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.

   4. If a trial is to be conducted, the judge shall fix die
      necessary trial dates to compete presentation of evidence by both
      parties within 90 days from initial hearing.

   3. The pre-trial order shall include the following:

   1. A statement of the nature of the case;
   2. The stipulations or admissions of the parties, including testimonial and documentary evidence;
   3. The issues involved: (1) factual and (2) legal;
   4. Number of witnesses;
   5. The dates of trial.
   4. This is without prejudice to a finding that either judgment on the 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.

2. 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, die pre-trial shall proceed in accordance with Rule 118.
3. If the accused does not agree to a pre-trial, the Court
   shall lix 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.

2. 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.

3. Likewise, contingency measures must be taken for any
   unexpected absence of the stenographer and other support staff assisting
   in the trial.

4. The issuance and service of subpoenas shall be done in accordance with Administrative Circular No. 4 dated September 22, 1988.
5. A strict policy on postponements shall be observed.
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.

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.

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.

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.

January 19, 1989.