Professional Documents
Culture Documents
RULE 3
PRE-TRIAL
Section 1. Notice of pre-trial. - Within two (2) days from the filing of the ____________ to the
counterclaim or cross-claim, if any, the branch clerk of court shall issue a notice of the pre-trial to be
held not later than ____________ month from the filing of the ____________ pleading.
The court shall schedule the pre-trial and set as many pre-trial ____________ as may be necessary
within a period of ____________ months counted from the date of the ____________ ____________
conference.
Section 2. Pre-trial brief. - At least ____________ days before the pretrial, the parties shall submit pre-
trial ____________ containing the following:
(a) A statement of their ____________ to enter into an ____________ settlement indicating the
____________ terms thereof or to submit the case to any of the ____________ modes of
____________ resolution;
(b) A summary of ____________ facts and ____________ ____________ of facts;
(c) The ____________ and ____________ issues to be tried or resolved. For each
____________ issue, the parties shall state all evidence to support their ____________ thereon.
For each ____________ issue, parties shall state the applicable ____________ and
____________ supporting their respective positions thereon;
(d) The documents or exhibits to be presented, including ____________, answers to
____________ and answers to written request for ____________ by adverse party, stating the
purpose thereof;
(e) A manifestation of their having availed of ____________ ____________ or their intention to
avail themselves of ____________ to a commissioner or ____________ of experts;
(f) The number and names of the ____________ and the ____________ of their affidavits;
(g) ____________ questions from the parties; and
(h) List of ____________ arising out of the ____________ facts pending before ____________
courts or administrative agencies. Failure to comply with the required ____________ of a pre-
trial brief may be a ground for ____________.
Failure to ____________ the pre-trial brief shall have the ____________ effect as failure to
____________ at the pre-trial.
Section 3. Referral to mediation. - At the start of the pre-trial conference, the court shall inquire from
the parties if they have ____________ the dispute; otherwise, the court shall immediately refer the
parties or their counsel, if authorized by their clients, to the ___________ _____________
____________ unit for purposes of mediation. If not available, the court shall refer the case to the
____________ of court or ____________ ____________ for mediation.
Mediation must be ____________ within a non-extendible period of ____________ days from receipt
of notice of ____________ to mediation.
The mediation ____________ must be submitted within ____________ days from the expiration of the
30-day period.
Section 4. Preliminary conference. - If mediation fails, the court will schedule the ____________ of
the pre-trial. Before the scheduled date of continuance, the court may refer the case to the branch clerk
of court for a preliminary conference for the following ____________:
(a) To assist the parties in reaching a ____________;
(b) To ____________ the documents or exhibits to be presented by the parties and copies
thereof to be attached to the records after ____________ with the originals;
(c) To ____________ from the parties the ____________ facts and admissions on the
genuineness and ____________ execution of the documents marked as exhibits;
(d) To require the parties to submit the ____________ taken under Rule 23 of the Rules of
Court, the answers to ____________ ____________ under Rule 25, and the answers to
____________ for ____________ by the ____________ party under Rule 26;
(e) To require the ____________ of documents or ____________ requested by a party under
Rule 27 and the results of the ____________ and ____________ ____________ of persons
under Rule 28;
(f) To consider such other matters as may ____________ in its ____________ ____________;
(g) To record the proceedings in the "____________ of Preliminary Conference" to be signed
by both ____________ or their ____________;
(h) To mark the ____________ of witnesses which shall be in question and answer form and
shall constitute the ____________ examination of the witnesses; and
(i) To attach the ____________ together with the marked exhibits ____________ the pre-trial
____________.
The parties or their counsel must submit to the branch clerk of court the names, addresses and contact
numbers of the affiants.
During the preliminary conference, the branch clerk of court shall also require the parties to submit the
depositions taken under Rule 23 of the Rules of Court, the answers to written interrogatories under
Rule 25 and the answers to request for admissions by the adverse party under Rule 26. The branch
clerk of court may also require the production of documents or things requested by a party under Rule
27 and the results of the physical and mental examination of persons under Rule 28.
Section 5. Pre-trial conference; consent decree. - The judge shall ____________ the parties and their
counsels under ____________, and they shall remain under ____________ in ____________ pre-trial
conferences.
The judge shall exert best ____________ to ____________ the parties to arrive at a settlement of the
dispute. The judge may issue a ____________ decree approving the agreement between the parties in
accordance with law, ____________, public order and public policy to protect the right of the people to
a ____________ and ____________ ecology.
Evidence not presented ____________ the pre-trial, except ____________-____________ evidence,
shall be deemed waived.
Section 6. Failure to settle. - If there is no ____________ settlement, the judge shall:
(a) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings and
confirm the ____________ of exhibits or substituted photocopies and admissions on the
____________ and due execution of documents;
(b) Determine if there are cases arising out of the ____________ facts ____________ before
other courts and order its ____________ if warranted;
(c) Determine if the ____________ are in order and if not, order the ____________ if
necessary;
(d) Determine if ____________ issues are involved and ____________ the same;
(e) Consider the ____________ or ____________ of parties;
(f) ____________ every single ____________ of the complaint, answer and other pleadings and
attachments thereto, and the ____________ of documents and all other evidence identified and
pre-marked during pre-trial in determining further admissions;
(g) Obtain ____________ based on the affidavits of witnesses and evidence attached to the
pleadings or submitted during pre-trial;
(h) Define and ____________ the factual and legal issues arising from the pleadings and
evidence. Uncontroverted issues and ____________ claims or defenses should be
____________;
(i) Discuss the ____________ of rendering a ____________ judgment or a judgment based on
the pleadings, evidence and admissions made during pre-trial;
(j) Observe the ____________ ____________ ____________ Rule in limiting the number of
witnesses, determining the facts to be proved by each witness and fixing the ____________
number of ____________ per witness;
(k) ____________ referral of the case to a trial by ____________ under Rule 32 of the Rules of
Court or to a ____________ or ____________ under any of the ____________ modes of
dispute resolution governed by the Special Rules of Court on Alternative Dispute Resolution;
(l) Determine the ____________ of engaging the services of a ____________ expert as a friend
of the court (____________ ____________); and
(m) Ask parties to ____________ on the specific trial ____________ for continuous trial,
comply with the one-day examination of witness rule, adhere to the case ____________
____________ determined by the court which shall contain the different ____________ of the
proceedings up to the promulgation of the decision and use the ____________ ____________
for each stage in setting the trial dates.
Section 7. Effect of failure to appear at pre-trial. - The court shall not ____________ the complaint,
____________ upon repeated and ____________ failure of the plaintiff to ____________. The
dismissal shall be without ____________, and the court may proceed with the ____________.
If the defendant fails to appear at the pre-trial, the court shall receive ____________ ex parte.
Section 8. Minutes of pre-trial. - The minutes of each pre-trial conference shall contain matters taken
up therein, more particularly admissions of ____________ and ____________, and shall be signed by
the ____________ and their ____________.
Section 9. Pre-trial order. - Within ten (10) days after the ____________ of the pre-trial, the court shall
issue a pre-trial ____________ setting forth the ____________ taken during the pre-trial conference,
the facts ____________, the admissions ____________, the evidence ____________, the number of
witnesses to be ____________ and the ____________ of trial. Said order shall ____________ the
parties, limit the trial to matters not ____________ of and ____________ the course of action during
the trial.
Section 10. Efforts to settle. - The court shall ____________ to make the parties agree to compromise
or ____________ in accordance with law at ____________ stage of the proceedings ____________
rendition of ____________.
RULE 4
TRIAL
Section 1. Continuous trial. - The judge shall conduct continuous trial which shall not exceed
____________ months from the date of the ____________ of the pre-trial order.
Before the ____________ of the ____________-month period, the judge may ask the Supreme Court
for the extension of the trial period for ____________ cause.
Section 2. Affidavits in lieu of direct examination. - In lieu of ____________ examination, affidavits
marked during the pre-trial shall be presented as direct examination of affiants subject to
____________ by the adverse party.
Section 3. One-day examination of witness rule. - The court shall strictly ____________ to the rule that
a witness has to be ____________ examined in one (1) ____________, subject to the courts discretion
of extending the examination for ____________ reason. After the presentation of the ____________
witness, only ____________ offer of evidence shall be allowed, and the opposing party shall
____________ ____________ his objections. The judge shall forthwith rule on the ____________ of
evidence in ____________ court.
Section 4. Submission of case for decision; filing of memoranda. - After the last party has
____________ its case, the court shall issue an order submitting the case for ____________.
The court may require the parties to submit their respective ____________, if possible in electronic
form, within a non-extendible period of thirty (30) days from the date the case is submitted for
decision.
The court shall have a period of ____________ days to decide the case from the date the case is
____________ for decision.
Section 5. Period to try and decide. - The court shall have a period of ____________ ____________
from the filing of the ____________ to try and decide the case. Before the expiration of the one-year
period, the court may petition the Supreme Court for the extension of the period for justifiable cause.
The court shall ____________ the adjudication of ____________ cases.
RULE 5
JUDGMENT AND EXECUTION
Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to the plaintiff proper
____________ which shall include the ____________, ____________ or rehabilitat____________ion
of the environment and the payment of ____________ fees, costs of suit and other ____________
expenses. It may also require the ____________ to submit a ____________ of rehabilitation or
restoration of the environment, the ____________ of which shall be ____________ by the violator, or
to contribute to a special ____________ ____________ for that purpose subject to the control of the
____________.
Section 2. Judgment not stayed by appeal. - Any judgment ____________ the performance of acts for
the protection, preservation or rehabilitation of the environment shall be ____________ pending
____________ unless restrained by the ____________ court.
Section 3. Permanent EPO; writ of continuing mandamus. - In the judgment, the court may
____________ the TEPO to a ____________ EPO or issue a writ of ____________ ____________
directing the performance of acts which shall be effective until the judgment is fully satisfied.
The court may, by itself or through the ____________ government agency, monitor the execution of
the judgment and require the party concerned to submit written ____________ on a ____________
basis or ____________ as may be necessary, detailing the ____________ of the execution and
____________ of the judgment. The other party may, at its ____________, submit its ____________
or ____________ on the execution of the judgment.
Section 4. Monitoring of compliance with judgment and orders of the court by a commissioner. - The
court may ____________ ____________, or upon motion of the ____________ party, order that the
enforcement of the judgment or order be referred to a commissioner to be appointed by the court. The
commissioner shall file with the court written ____________ reports on a quarterly basis or more
____________ when necessary.
Section 5. Return of writ of execution. - The process of execution shall terminate upon a sufficient
____________ that the decision or order has been ____________ to the satisfaction of the
____________ in accordance with Section 14, Rule ____________ of the Rules of Court.
RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
Section 1. Strategic lawsuit against public participation (SLAPP). - A legal action filed to
____________, ____________, ____________ undue ____________ or ____________ any legal
recourse that any person, ____________ or the government has taken or may take in the enforcement
of environmental laws, protection of the environment or assertion of environmental rights shall be
____________ as a SLAPP and shall be governed by these Rules.
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a person involved in the
enforcement of environmental laws, protection of the environment, or ____________ of environmental
rights, the defendant may file an answer ____________ as a ____________ that the case is a SLAPP
and shall be supported by documents, affidavits, papers and other evidence; and, by way of
____________, pray for damages, attorneys fees and costs of suit.
The court shall direct the plaintiff or adverse party to file an ____________ showing the suit is not a
SLAPP, attaching evidence in support thereof, within a non-extendible period of ____________ days
from receipt of notice that an answer has been filed.
The defense of a SLAPP shall be set for ____________ by the court after issuance of the order to file
an opposition within fifteen (15) days from filing of the comment or the lapse of the period.
Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be ____________ in
____________. The parties must submit all ____________ evidence in support of their respective
positions. The party seeking the ____________ of the case must prove by ____________ evidence that
his act for the enforcement of environmental law is a ____________ action for the protection,
preservation and rehabilitation of the environment. The party filing the action assailed as a SLAPP shall
prove by ____________ of evidence that the action is ____________ a SLAPP and is a ____________
____________.
Section 4. Resolution of the defense of a SLAPP. - The ____________ defense of a SLAPP shall be
resolved within ____________ days after the summary hearing. If the court ____________ the action,
the court may award ____________, attorneys fees and costs of suit under a counterclaim if such has
been filed. The dismissal shall be ____________ prejudice.
If the court ____________ the defense of a SLAPP, the evidence ____________ during the summary
hearing shall be treated as evidence of the parties on the ____________ of the case. The action shall
proceed in accordance with the Rules of Court.