Rule 24

TRIAL OF ISSUES
SECTION 24.1. Alternate trial. An alternate trial is one where
parties take turns in presenting their witnesses respecting the first
factual issue or related issues stated in the order of trial. The party
who bears the burden of proving the affirmative of the issue under
consideration shall be the first to present a witness.
SEC. 24.2. Face-to-face trial. A face-to-face trial is one wherein
witnesses from the contending sides appear together before the court,
sit face-to-face around a table in a non-adversarial environment, and
answer questions from the court as well as the parties counsels
respecting the factual issue under consideration.
SEC. 24.3. Options for trying the issues. The court shall have the
option to try the issues embodied in the Terms of Reference either by
alternate or face-to-face trial. In the latter case, the court may conduct
either simple or regular face-to-face trial, whichever it considers more
suitable. The parties may by unanimous agreement, however, choose
to have an alternate trial in lieu of a face-to-face trial.
SEC. 24.4. Common rules. The following common rules shall
govern both alternate and face-to-face trials:
(a) Each factual issue shall be tried strictly in the sequence provided in
the Order of Trial although two or more closely related issues may be
simultaneously tried.
(b) A party may move on proper ground to disqualify a witness before
he or she is examined and strike out his judicial affidavit or exclude
any of the answers found in it on ground of inadmissibility. This motion
shall be resolved in accordance with Sections 24.8 and 24.9 below.
(c) A party may also move to exclude any of the exhibits attached to
the judicial affidavit of a witness on ground of inadmissibility. This
motion shall be resolved also in accordance with Sections 24.8 and
24.9 below. The objecting party shall make his motion in writing before
the trial if the exhibits are voluminous to facilitate its resolution. The
rulings of the court respecting the exclusion of testimonies and
exhibits based on public policy grounds shall be without prejudice to a
tender of excluded evidence under the appropriate rule.
(d) The court and the counsels of the parties shall examine the
witnesses and determine the truthfulness of the judicial affidavits that
constitute their direct testimonies in the case.
(e) A witness may testify on one or more issues.
SEC. 24.5. Rules governing alternate trial. In an alternate trial:
(a) The parties shall take turns in presenting their witnesses
respecting the first factual issue or related issues stated in the Order
of Trial.
(b) The party who bears the burden of proving the affirmative of the
issue under consideration shall be the first to present a witness. If the
party has more than one witness, the witnesses will be presented
successively respecting such issue. The opposing party shall
afterwards present the witness or witnesses for that issue.
(c) The court shall be the first to examine each of the witnesses thus
presented. The parties shall then take their turns to conduct the cross,
re-direct, and re-cross of the particular witness. This is without
prejudice to the right of the court to ask additional questions of the
same witness.
(d) The examination by the court and by the parties shall entirely focus
on the issue or issues at hand and not dwell on matters outside of and
totally unrelated to such issue or issues.
(e) After all the witnesses from both sides have been examined
respecting the issue or related issues under consideration, the trial
shall move on to the next issue or related issue in the Order of Trial
until all the issues shall have been tried.
SEC. 24.6. Ground rules governing a face-to-face trial. In a face-to-
face trial:
(a) The witnesses from the contending sides shall appear together
before the court and simultaneously swear to the truth of their
respective testimonies.
(b) The witnesses shall sit face-to-face around the table in a non-
adversarial environment and answer questions from the court and the
parties counsels respecting the factual issue under consideration;
(c) Only one person at a time shall speak during the face-to-face trial
and always with prior permission from the court which shall take steps
to ensure that the person who speaks is identified for the record;
(d) The witnesses shall address their answers to the examining judge
or counsels; and
(e) The witnesses shall not pose questions to the other witnesses
relating to their testimonies but shall be given equal opportunity to
respond to the questions.
SEC. 24.7. Two-phase examination of witnesses in a face-to-face trial.
The examination of the witnesses from the contending sides in the
face-to-face trial shall consist of two phases: the first phase shall be
by the court and the second phase by the parties respective counsels.
(a) In the first phase, the court shall examine the witnesses regarding
the issue or related issues at hand in no particular sequence and may
also direct its questions to one or more of the witnesses from the
contending sides.
(b) When the questions from the court are directed to a specific
witness, the other witnesses from the same side may seek permission
to supplement, clarify, or qualify the answers that the first witness has
given.
(c) In turn, the court shall give the witnesses from the other side equal
time and opportunity to reply.
(d) The court may allow the witnesses from the contending sides to
continue their divergent exchanges provided new facts or new
arguments are introduced and the testimonies have not become
repetitive.
(e) The court may also stop the exchanges if the answers from the
contending sides have sufficiently clarified their positions and the
points of their disagreement.
(f) The court may, before moving the examination of the witnesses
from first phase to second phase, summarize its own understanding of
the positions of the parties and the testimonies of their witnesses on
the issue or related issues at hand.
(g) In the second phase, the court shall allow counsels from the
contending sides to cross-examine, re-direct, and re-cross the
witnesses based on their judicial affidavits, the attached exhibits, the
answers the witnesses gave during the courts first-phase
examination, or their testimonies. This second phase examination
shall be without prejudice to the courts further examination of the
witnesses already examined by counsels.
(h) Where there are multiple parties involved (the plaintiff, the
defendant, the third, fourth, or fifth-party plaintiffs or defendants, or the
intervenors) the court shall fix the order of cross, re-direct, and re-
cross examination by the various counsels involved, making sure that
a party is able to examine the witness whose testimony is adverse. A
party may adopt a favorable testimony.
(i) After the counsels have concluded their examinations of the
witnesses, the court shall terminate the second phase respecting the
particular issue or related issues and move to the examination of the
witnesses respecting the next issue or related issues if such
examination is likewise in the agenda of the court for that days
setting. The reception of evidence for the next issue or related issues
may be scheduled on another setting in accordance with the Order of
Trial.
SEC. 24.8. Exceptions to the courts examination of the witnesses.
The counsel for any party may, in the course of the courts
examination of the witnesses, take exceptions to objectionable
questions that it poses to one or some of them. The exceptions shall
simply state the legal grounds for objection with no further
explanation. The court shall act on the exceptions in the following
manner:
(a) In case of exceptions as to form, such as when the questions from
the court are perceived to be argumentative, leading, multiple,
repetitive, vague, improper characterization, confusing, or unfair, the
counsels shall state the ground for exception after the question has
been answered. The court shall take note of the exception or, where
warranted, strike out the answer and rephrase the question;
(b) Exceptions as to substance such as when the questions from the
court are perceived to elicit answers that are inadmissible on public
policy grounds including those relating to the rights against self-
incrimination, privileged communication, disqualification, and to the
Statute of Frauds, rape shield law, bank secrecy laws, Anti- Money
Laundering Act, and other laws or rules that prohibit disclosure of
information or data, may be made before the witness answers the
questions. The counsels may also move to strike out any answer
already given on the same grounds. In either case, the court shall
promptly rule on such exceptions or motions.
(c) In case of exceptions to admissibility under the rules governing
best evidence, parol evidence, conclusion or opinion evidence,
hearsay evidence, irrelevant evidence, or character evidence, the
counsels shall state the ground for exception after the question has
been answered. The court shall take note of the exception and
consider the same when deciding the case.
SEC. 24.9. Objections to the questions of counsels. (a) It is the
counsels duty to fairly elicit only admissible evidence from a witness,
either by way of preparing the judicial affidavit constituting the direct
examination or by way of cross, re-direct, or re- cross examination.
(b) The counsels for one side may move to exclude the whole or part
of the testimony embodied in the judicial affidavit of a witness
presented by the other side on ground of inadmissibility.
(c) Objections as to form in Section 24.8 (a) and admissibility in
Section 24.8 (c) shall be made after the questions have been
answered. Objections as to substance in Section 24.8 (b) may be
raised before the questions are answered; if the answers have already
been given, motions to strike out may be made.
(d) The court shall act on the motion or objection in the same manner
it would act on exceptions from questions of the court as provided
under Section 24.8 above.
SEC. 24.10. When face-to-face examination of witnesses shall not
apply. The face-to-face examination of witnesses shall not apply
when one of the witnesses to the factual issue under consideration is
either (a) a child covered by the Rule on Examination of a Child
Witness, or (b) a person who is mentally, psychologically, or physically
challenged, or has a similar condition that puts such witness at a
disadvantage in a face- to-face confrontation. In such a case, the
witnesses on that issue shall be examined separately. The face-to-
face examination shall, however, proceed with respect to the other
issues that do not involve the child or disadvantaged witness.
The face-to-face trial shall also not be required in: (a) special civil
actions; (b) special proceedings; and (c) where the court perceives the
danger of uncontrollable passion arising from deep animosity between
the parties.
SEC. 24.11. Examination of Expert Witnesses in a face-to-face trial of
issues. The examination of expert witnesses in a face-to-face trial
of issues shall follow the same procedure provided in Section 24.7
With leave of court, however, an expert witness may ask questions
directed to the other partys expert witness on any matter covered by
the testimony of the latter on the issue or related issues at hand.
SEC. 24.12. Regular or summary face-to-face trial schedules. The
schedules for holding face-to-face trial of issues shall either be simple
or regular based on the circumstances of each case.
(a) Where the issues are complex or numerous and the evidence from
both sides consist of the testimonies of several witnesses or involve
numerous pieces of evidence, the court shall hold a regular face-to-
face trial, with the hearings spread over a period of time.
(b) Where the issues are simple and few, the court shall hold a simple
one-time face-to-face trial, with an oral judgment rendered at the end
of such trial. But if in the course of such trial, the court discovers that
the issues are after all complex or numerous, it shall suspend the
proceedings and direct the conduct of a regular trial in the succeeding
settings.
SEC. 24.13. Memorandum, oral argument, and judgment. The
court may hear the parties argue their respective positions before
rendering judgment in the case, as follows:
(a) In an alternate or regular face-to-face trial of issues:
1. The court shall, after all the issues in the case have been heard,
direct the parties to simultaneously submit their respective
memorandum or draft decision within thirty (30) days from the date the
trial ended, accompanied by a softcopy of the document in a format
acceptable to the court.
2. Furthermore, the court shall, within ten (10) days from receipt of
such memorandum or draft decision, set the case for oral argument on
a date and time the court and the parties may agree on.
3. The court shall render a written decision within ninety (90) days
after hearing the parties on their oral argument. It may wholly or
partially adopt or use the memorandum or draft decision of the
winning party for its decision or prepare its own.
(b) In a simple face-to-face trial of issues:
1. The court may, immediately after all the witnesses have been
examined, hear the parties briefly on oral argument and afterwards
orally state its rulings on the issue or issues involved and announce
the dispositive part of its judgment.
2. Such oral judgment shall be recorded in the minutes of the
proceedings which, together with the resolution of each issue, shall be
signed by the parties or their counsels as evidence of notification. If a
party or his counsels refuses to sign, the refusal shall be reflected in
the same minutes.
3. The court shall then direct the winning party to submit within thirty
(30) days from the oral judgment a memorandum or draft of the
decision based on the oral judgment then rendered, accompanied by
softcopy of the document in a format acceptable to the court.
4. In place of oral judgment, the court shall have the option of
requiring each party to submit a memorandum or draft decision within
thirty (30) days from the date the face-to-face trial ended,
accompanied by a softcopy of the document in a format acceptable to
the court.
5. Whether or not the court adopts a partys memorandum or draft
decision, it shall promulgate its written decision in the case within sixty
(60) days from the oral judgment, if any, or from the date the face-to-
face trial ended.
6. The period to appeal from the judgment of the court in this case
shall be reckoned from the date of receipt of written decision by the
appealing party.
SEC. 24.14. Trials shall be intransferable. (a) Because of the
numerous
persons involved in, and the complex preparations required for, the
conduct of trial, especially the face-to-face trial, the dates set for trials
shall be intransferable except on grounds of fortuitous event or serious
illness of a counsel or witness. The party seeking postponement or
resetting of the hearing has the burden of proving with satisfactory
evidence the ground invoked. Otherwise, such party shall be deemed
to have waived the appearance of counsel and witnesses at the
scheduled face-to-face trial.
(b) No motion for postponement or resetting shall be granted on
ground of serious illness of a counsel or witness, unless the party
concerned presents a medical certificate issued by a physician stating
that the illness is of such gravity as to prevent the counsel or witness
from attending the scheduled hearing. The judge may require the
physician to appear before the court or order another physician either
government-employed or retained by the adverse party, to verify the
truth of the certification. If such certification turns out to be false, the
certifying physician shall be held in contempt of court and punished
accordingly.
(c) If the ground for postponement or resetting turns out to be false,
the party or counsel who sought it shall also be subject to contempt of
court.
SEC. 24.15. Consequences of failure to appear at the trial.
(a) The failure of counsel to appear at the pre-agreed face-to-face trial
without obtaining a prior postponement shall be considered a waiver
of appearance and trial shall proceed without such counsel. The
absent counsels witnesses, if present, shall be regarded as witnesses
procured by the court concerning the case and shall be examined in
the usual course.
(b) In the event of the failure of a witness to appear, the court shall
order such witness judicial affidavit expunged, without prejudice to the
adverse party using it as a judicial admission if the witness is also a
party.
SEC. 24.16. Newly-discovered evidence; new issues evolving during
trial. A party may, in the course of trial, file a motion to admit newly-
discovered evidence subject to the rule governing its admission. A
party may, without amending the pleadings, also file a motion to
amend the Order of Trial to include a new issue or issues that may
have since arisen.
SEC. 24.17. Language used during trial. The court shall require the
witnesses in the trial of issues to testify either in English or Filipino,
whichever language would enable such witnesses, the court, and the
counsels to have fair exchanges. If any of the witnesses cannot take
part in such exchanges because of language difficulty, the
examination of the witness shall be conducted in the language or
dialect known to such witness. In this case, the judge or examining
counsels shall make use of an interpreter of their choosing who shall
assist them in propounding questions to, and appreciating the
answers of, the witness. Nevertheless, the recording of the actual
answers given by the witness, not their English or Filipino translation,
will constitute the official and binding testimony of the witness. When
quoting in a pleading, motion, memorandum, petition, or other court
submission, the text of questions and answers of a witness given in a
local dialect, the counsels shall indicate the translations into English or
Filipino in appropriate brackets.