file:cvpro_part-1_v.htm

5.  PRE-TRIAL

1.  Concept of Pre-Trial

1.
Concept of Pre-Trial

Pre-trial is a procedural
device by which the Court is called upon after the filing of the last pleading,
to compel the parties and their lawyers to appear before it, and negotiate an
amicable settlement or otherwise make a formal statement and embody in a single
document the issues of fact and law involved in the action, and such other
matters as may aid in the prompt disposition of the action, such as the number
of witnesses the parties intend to present, the tenor or character of their
testimonies, their documentary evidence, the nature and purpose of each of
them, and the number of trial dates that each will need to put on his case. One
of the objectives of pre-trial procedure is to take the trial of cases out of
the realm of surprise and maneuvering.145
Pre-trial also lays down the foundation and structural framework of another
concept, that is the continuous trial system.146

Pre-trial is mandatory but not
jurisdictional.147

2.
Purpose of Pre-Trial

The purpose of the pre-trial
is for the court to consider:

(a) the possibility of an amicable settlement
or of a submission to alternative modes of dispute resolution;

(b) the simplification of the issues;

(c) the necessity or desirability of amendments
to the pleadings;

(d) the possibility of obtaining stipulations
or admissions of facts and of documents to avoid unnecessary proof;

(e) the limitation of the number of witnesses;

(f) the advisability of a preliminary
reference of issues to a commissioner;

(g) the propriety of rendering judgment on the
pleadings, or summary judgment, or of dismissing the action should a valid
ground therefore be found to exist.

(h) the advisability or necessity of
suspending the proceedings; and

(i) such other matters as may aid in the
prompt disposition of the action.148

3.
Administrative Circular No. 3-99 (January 15, 1999) on Pre-Trial

A. Pre-Trial

1. Within five (5) days after the last pleading joining the issues has
been filed and served, the plaintiff must move ex parte that the case be
set for pre-trial conference.

2. The parties shall submit, at least three (3) days before the
conference, pre-trial briefs containing the following:

a. A statement of their willingness to enter into an amicable settlement
indicating the desired terms thereof, or to submit the case to any of the
alternative modes of dispute resolution;

b. A summary of admitted facts and proposed stipulation of facts;

c. The issues to be tried or resolved;

d. The number and names of the witnesses to be presented, and abstract
of their testimonies, and the approximate number of hours that will be required
by the parties for the presentation of their respective evidence;

e. Copies of all documents intended to be presented with a statement of
the purposes of their offer;

f. A manifestation of their having availed or their intention to avail
themselves of any discovery procedure, or of the need of referral of any issues
to commissioners;

g. Applicable laws and jurisprudence;

h. The available trial dates of counsel for complete presentation of
evidence, which must be within a period of three months from the first day of
trial.

3. Before the pre-trial conference, the judge must study the pleadings
of every case, and determine the issues thereof and the respective positions of
the parties thereon to enable him to intelligently steer the parties toward a
possible amicable settlement of the case, or, at the very least, to help reduce
and limit the issues.

The judge should avoid the undesirable practice of terminating the
pre-trial as soon as the parties have indicated that they cannot settle the
controversy. He must be mindful that there are other important aspects of the
pre-trial that ought to be taken up to expedite the disposition of the case.

4. At the pre-trial conference, the following shall be done:

a. The judge with all tact, patience and impartiality shall endeavor to
persuade the parties to arrive at a settlement of the dispute; if no amicable
settlement is reached, then he must effectively direct the parties toward the
achievement of the other objectives or goals of pre-trial set forth in Section
2, Rule 18, 1997 Rules of Civil Procedure.

b. If warranted by the disclosures at the pre-trial, the judge may
either forthwith dismiss the action, or determine the propriety of rendering a
judgment on the pleadings or a summary judgment.

c. The judge shall define the factual issues arising from the pleadings
and endeavor to cull the material issues.

d. If only legal issues are presented, the judge shall require the
parties to submit their respective memoranda and thereafter render judgment.

e. If trial is necessary, the judge shall fix the trial dates required
to complete presentation of evidence by both parties within ninety (90) days
from the date of initial hearing.

5. After the pre-trial conference, the judge should not fail to prepare
and issue the requisite pre-trial order, which shall embody the matters
mentioned in Section 7, Rule 18 of the 1997 Rules of Civil Procedure.

6. Failure of the plaintiff to appear at the pre-trial shall be a cause
for dismissal of the action. A similar failure of the defendant shall be a
cause to allow the plaintiff to present his evidence ex-parte and the
court to render judgment on the basis thereof.

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

The judge should encourage the effective use of pre-trial discovery
procedures.149

4.
The Pre-Trial Order

Where the case proceeded to
trial with the petitioners actively participating therein without raising their
objections to the pre-trial, they are bound by the stipulations at the
pre-trial.150

Pre-trial is primarily
intended to make certain that all issues necessary to the disposition of a case
are properly raised, and the determination of issues at a pre-trial conference
bars the consideration of other questions on appeal.151

4.1 Exceptions

4.1.1 To prevent manifest
injustice;152

4.1.2 Issues that are
impliedly included or necessarily connected to the expressly defined issues and
denser parts of the pre-trial order.153

4.1.3 Issues not included in
the pre-trial order but were tried expressly or impliedly by the parties.154