Professional Documents
Culture Documents
4A
Partys Draft Terms of Reference
Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)
(Municipality/City/Province)
METC/MTCC/MTC/MCTC
RTC
BRANCH
Case No.
Plaintiff/
Petitioner
Defendant/
Respondent
, v.
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CBF 22.4A
Partys Draft Terms of Reference
following facts have been admitted by the parties and are thus no
longer in dispute:
1. ___________________________________________________
(ex. Plaintiff and defendant are siblings. )
source:_____________________________________________
(ex. Complaint, par. 3; Answer, par. 3; Certificate of Live Birth of Plaintiff, Exhibit A: Certificate of Live Birth
of Defendant, Exhibit 1)
2. ___________________________________________________
source:_____________________________________________
3. ___________________________________________________
source:_____________________________________________
Use additional sheets, if necessary.
Documentary and Object Evidence
1. The documentary evidence attached to the party's pleading
and judicial affidavits are:
originals.
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CBF 22.4A
Partys Draft Terms of Reference
source:_____________________________________________
(ex. Complaint, par. 3; Answer, par. 3; Certificate of Live Birth of Plaintiff, Exhibit A; Certificate of Live Birth
of Defendant, Exhibit B)
2. ___________________________________________________
source:_____________________________________________
___________________________________________________
source:_____________________________________________
Use additional sheets, if necessary.
Facts Established by the Adverse Party's Evidence
Based on the adverse party's judicial affidavits and
documentary and object exhibits, the following facts appear to have
been established:
1. ___________________________________________________
(ex. Plaintiff was legally adopted by the Spouses Juan and Maria Santos when he was 7 years old.)
source:_____________________________________________
(ex. Judicial Decree of Adoption, Exhibit 1; Certificate of Live Birth of Plaintiff with Annotation of Decree of
Adoption, Exhibit 2)
2. ___________________________________________________
source:_____________________________________________
3. ___________________________________________________
source:_____________________________________________
Use additional sheets, if necessary.
Factual Issues
Based on the above summaries of the facts which appear to
have been established by the respective parties' evidence, the factual
issues that remain to be resolved by the court are:
1. ___________________________________________________
(ex. Did the Spouses Santos execute an affidavit of revocation?)
___________________________________________________
2. ___________________________________________________
(ex. Did the Spouses Santos execute an affidavit of revocation?)
___________________________________________________
3. ___________________________________________________
(Did the Spouses Santos execute an affidavit of revocation?
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CBF 22.4A
Partys Draft Terms of Reference
___________________________________________________
Use additional sheets, if necessary.
Party's Witnesses
The following are the party's witnesses:
NAME
ADDRESS
SUBJECT OF
TESTIMONY
(ex. to testify that she was the midwife who
assisted Rita, mother of plaintiff and
___________________________________________________
2. ___________________________________________________
(ex. Was the revocation of the Spouses Santos' adoption of plaintiff valid? If the revocation of the adoption is
valid, is plaintiff reinstated as an heir of his deceased parents, together with defendant?)
___________________________________________________
3. ___________________________________________________
(ex.Was the revocation of the Spouses Santos' adoption of plaintiff valid? If the revocation of the adoption is
valid, is plaintiff reinstated as an heir of his deceased parents, together with defendant?)
___________________________________________________
Use additional sheets, if necessary.
Availability for Preliminary Conference
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CBF 22.4A
Partys Draft Terms of Reference
Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Date
SPECIAL INSTRUCTIONS
WAIVER OF SUBMISSION OF TOR
Non-submission of a party's Terms of Reference shall result in the waiver of its
submission, in addition to the imposition of any other sanction the court may deem fit for
such non-compliance.
ADMISSIONS/IRRELEVANCE
The facts alleged by the parties in their complaint, answer, and judicial affidavits, when
not put in issue in the Terms of Reference, shall be deemed admitted or otherwise
regarded as irrelevant to the resolution of the dispute. (Section 22.4(e), Rule 24)
USE OF THIS FORM
This is a template of the Terms of Reference required to be filed by each party under Rule
22.4. A party may use his own style and language in preparing his Terms of Reference,
but it must conform to the format and contain all the necessary allegations embodied in
this form. Instead of "the submitting party" or "the adverse party", the name or partydesignation may be used, e.g., "plaintiff" or "defendant."
FINAL TOR
The court shall prepare the final Terms of Reference of the case taking into account the
parties drafts. The final Terms of Reference shall control the scope of trial.
AVAILABILITY FOR PRELIMINARY CONFERENCE
List, at least, four dates falling within the next 60 days on the designated hearing days for
civil cases of the court when both counsel and party or party's duly authorized
representative can appear before the court.
PARTYS TERMS OF REFERENCE UNDER RULE 22.4
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CBF 22.4A
Partys Draft Terms of Reference
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