3. Pre-trial Order

I. Pre-Trial (Rule 18 and A.M. No. 03-1-09-SC)

> RULE 18 PRE-TRIAL Section 1. When conducted. – After the last responsive pleading has been served and filed, the branch clerk of court shall issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set not later than sixty (60) calendar days from the filing of the last responsive pleading. (1a) Section 2. Nature and [p]urpose. – The pre-trial is mandatory and should be terminated promptly. The court shall 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 possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof; (d) The limitation of the number and identification of witnesses and the setting of trial dates; (e) The advisability of a preliminary reference of issues to a commissioner;

(f) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist; (g) The requirement for the parties to:

• Mark their respective evidence if not yet marked in the judicial affidavits of their witnesses;
• Examine and make comparisons of the adverse parties’ evidence vis-a-vis the copies to be marked;
• Manifest for the record stipulations regarding the faithfulness of the reproductions and the genuineness and due execution of the adverse parties’ evidence;
• Reserve evidence not available at the pre-trial, but only in the following manner: i. For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed witness; ii. For documentary evidence and other object evidence, by giving a particular description of the evidence.

No reservation shall be allowed if not made in the manner described above.

(h) Such other matters as may aid in the prompt disposition of the action. The failure without just cause of a party and counsel to appear during pre-trial, despite notice, shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their genuineness and due execution. The failure without just cause of a party and/or counsel to bring the evidence required shall be deemed a waiver of the presentation of such evidence. The branch clerk of court shall prepare the minutes of the pre-trial, which shall have the following format: (See prescribed form) (2a) Section 3. Notice of pre-trial. – The notice of pre-trial shall include the dates respectively set for:

(a) Pre-trial; (b) Court-Annexed Mediation; and (c) Judicial Dispute Resolution, if necessary. The notice of pre-trial shall be served on counsel, or on the party [if he] or she has no counsel. The counsel served with such notice is charged with the duty of notifying the party represented by him or her. Non-appearance at any of the foregoing settings shall be deemed as non-appearance at the pre- trial and shall merit the same sanctions under Section 5 hereof. (3a) Section 4. Appearance of [p]arties. – It shall be the duty of the parties and their counsel to appear at the pre-trial, court-annexed mediation, and judicial dispute resolution, if necessary. The non-appearance of a party and counsel may be excused only for acts of God, force majeure, or duly substantiated physical inability. A representative may appear on behalf of a party, but must be fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and documents. Section 5. Effect of failure to appear. – When duly notified, the failure of the plaintiff and counsel to appear without valid cause when so required[,] pursuant to the next preceding [S]ection, shall cause the dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered by the court. A similar failure on the part of the defendant and counsel shall be cause to allow the plaintiff to present his or her evidence ex parte within ten (10) calendar days from termination of the pre-trial, and the court to render judgment on the basis of the evidence offered. (5a) Section 6. Pre-trial brief. – The parties shall file with the court and serve on the adverse party, in such manner as shall ensure their receipt thereof at least three (3) calendar days before the date of the pre-trial, their respective pre-trial briefs which shall contain, among others:

(a) A concise statement of the case and the reliefs prayed for; (b) A summary of admitted facts and proposed stipulation of facts; (c) The main factual and legal issues to be tried or resolved; (d) The propriety of referral of factual issues to commissioners; (e) The documents or other object evidence to be marked, stating the purpose thereof; (f) The names of the witnesses, and the summary of their respective testimonies; and (g) A brief statement of points of law and citation of authorities. Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. (8)

Section 7. Pre-Trial Order. – Upon termination of the pre-trial, the court shall issue an order within ten (10) calendar days which shall recite in detail the matters taken up. The order shall include:

(a) An enumeration of the admitted facts; (b) The minutes of the pre-trial conference; (c) The legal and factual issue/s to be tried; (d) The applicable law, rules, and jurisprudence; (e) The evidence marked; (f) The specific trial dates for continuous trial, which shall be within the period provided by the Rules; (g) The case flowchart to be determined by the court, which shall contain the different stages of the proceedings up to the promulgation of the decision and the use of time frames for each stage in setting the trial dates;

(h) A statement that the one-day examination of witness rule and most important witness rule under A.M. No. 03-1-09-SC (Guidelines for Pre-Trial) shall be strictly followed; and (i) A statement that the court shall render judgment on the pleadings or summary judgment, as the case may be. The direct testimony of witnesses for the plaintiff shall be in the form of judicial affidavits. After the identification of such affidavits, cross-examination shall proceed immediately. Postponement of presentation of the parties’ witnesses at a scheduled date is prohibited, except if it is based on acts of God, force majeure or duly substantiated physical inability of the witness to appear and testify. The party who caused the postponement is warned that the presentation of its evidence must still be terminated within the remaining dates previously agreed upon. Should the opposing party fail to appear without valid cause stated in the next preceding paragraph, the presentation of the scheduled witness will proceed with the absent party being deemed to have waived the right to interpose objection and conduct cross-examination. The contents of the pre-trial order shall control the subsequent proceedings, unless modified before trial to prevent manifest injustice. (7a) Section 8. Court-[a]nnexed [m]ediation. – After pre-trial and, after issues are joined, the court shall refer the parties for mandatory court-annexed mediation. The period for court-annexed mediation shall not exceed thirty (30) calendar days without further extension. (n) Section 9. Judicial [d]ispute [r]esolution. – Only if the judge of the court to which the case was originally raffled is convinced that settlement is still possible, the case may be referred to another court for judicial dispute resolution. The judicial dispute resolution shall be conducted within a non-extendible period of fifteen (15) calendar days from notice of failure of the court-annexed mediation. If judicial dispute resolution fails, trial before the original court shall proceed on the dates agreed upon. All proceedings during the court-annexed mediation and the judicial dispute resolution shall be confidential. (n) Section 10. Judgment after pre-trial. – Should there be no more controverted facts, or no more genuine issue as to any material fact, or an absence of any issue, or should the answer fail to tender an issue, the court shall, without prejudice to a party moving for judgment on the pleadings under Rule 34 or summary judgment under Rule 35, motu proprio include in the pre-trial order that the case be submitted for summary judgment or judgment on the pleadings, without need of position papers or memoranda. In such cases, judgment shall be rendered within ninety (90) calendar days from termination of the pre-trial.

The order of the court to submit the case for judgment pursuant to this Rule shall not be the subject to appeal or certiorari. (n)

I. Rule of Procedure for Environmental Cases (A.M. No. 09-6-8-SC) (part 2 of 4)

(a) To assist the parties in reaching a settlement; (b) To mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison with the originals; (c) To ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of the documents marked as exhibits; (d) To 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; (e) To 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; (f) To consider such other matters as may aid in its prompt disposition; (g) To record the proceedings in the "Minutes of Preliminary Conference" to be signed by both parties or their counsels; (h) To mark the affidavits of witnesses which shall be in question and answer form and shall constitute the direct examination of the witnesses; and (i) To attach the minutes together with the marked exhibits before the pre-trial proper.

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 put the parties and their counsels under oath, and they shall remain under oath in all pre-trial conferences.

The judge shall exert best efforts to persuade the parties to arrive at a settlement of the dispute. The judge may issue a consent decree approving the agreement between the parties in accordance with law, morals, public order and public policy to protect the right of the people to a balanced and healthful ecology.

Evidence not presented during the pre-trial, except newly-discovered evidence, shall be deemed waived.

Section 6. Failure to settle. - If there is no full settlement, the judge shall:

(a) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings and confirm the markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents; (b) Determine if there are cases arising out of the same facts pending before other courts and order its consolidation if warranted; (c) Determine if the pleadings are in order and if not, order the amendments if necessary; (d) Determine if interlocutory issues are involved and resolve the same; (e) Consider the adding or dropping of parties; (f) Scrutinize every single allegation of the complaint, answer and other pleadings and attachments thereto, and the contents of documents and all other evidence identified and pre-marked during pre-trial in determining further admissions; (g) Obtain admissions based on the affidavits of witnesses and evidence attached to the pleadings or submitted during pre-trial; (h) Define and simplify the factual and legal issues arising from the pleadings and evidence. Uncontroverted issues and frivolous claims or defenses should be eliminated; (i) Discuss the propriety of rendering a summary judgment or a judgment based on the pleadings, evidence and admissions made during pre-trial; (j) Observe the Most Important Witness Rule in limiting the number of witnesses, determining the facts to be proved by each witness and fixing the approximate number of hours per witness; (k) Encourage referral of the case to a trial by commissioner under Rule 32 of the Rules of Court or to a mediator or arbitrator under any of the alternative modes of dispute resolution governed by the Special Rules of Court on Alternative Dispute Resolution; (l) Determine the necessity of engaging the services of a qualified expert as a friend of the court (amicus curiae); and (m) Ask parties to agree on the specific trial dates for continuous trial, comply with the one-day examination of witness rule, adhere to the case flow chart determined by the court which shall contain the different stages of the proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates.

Section 7. Effect of failure to appear at pre-trial. - The court shall not dismiss the complaint, except upon repeated and unjustified failure of the plaintiff to appear. The dismissal shall be without prejudice, and the court may proceed with the counterclaim.

If the defendant fails to appear at the pre-trial, the court shall receive evidence 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 facts and exhibits, and shall be signed by the parties and their counsel.

Section 9. Pre-trial order. - Within ten (10) days after the termination of the pre-trial, the court shall issue a pre-trial order setting forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made, the evidence marked, the number of witnesses to be presented and the schedule of trial. Said order shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial.

Section 10. Efforts to settle. - The court shall endeavor to make the parties agree to compromise or settle in accordance with law at any stage of the proceedings before rendition of judgment.

RULE 4TRIAL

Section 1. Continuous trial. - The judge shall conduct continuous trial which shall not exceed two (2) months from the date of the issuance of the pre-trial order.

Before the expiration of the two-month period, the judge may ask the Supreme Court for the extension of the trial period for justifiable cause.

Section 2. Affidavits in lieu of direct examination. - In lieu of direct examination, affidavits marked during the pre-trial shall be presented as direct examination of affiants subject to cross-

examination by the adverse party.

Section 3. One-day examination of witness rule. - The court shall strictly adhere to the rule that a witness has to be fully examined in one (1) day, subject to the court’s discretion of extending the examination for justifiable reason. After the presentation of the last witness, only oral offer of evidence shall be allowed, and the opposing party shall immediately interpose his objections. The judge shall forthwith rule on the offer of evidence in open court.

Section 4. Submission of case for decision; filing of memoranda. - After the last party has rested its case, the court shall issue an order submitting the case for decision.

The court may require the parties to submit their respective memoranda, 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 sixty (60) days to decide the case from the date the case is submitted for decision.

Section 5. Period to try and decide. - The court shall have a period of one (1) year from the filing of the complaint 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 prioritize the adjudication of environmental cases.

RULE 5JUDGMENT AND EXECUTION

Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to the plaintiff proper reliefs which shall include the protection, preservation or rehabilitation of the environment and the payment of attorney’s fees, costs of suit and other litigation expenses. It may also require the violator to submit a program of rehabilitation or restoration of the environment, the costs of which shall be borne by the violator, or to contribute to a special trust fund for that purpose subject to the control of the court.

Section 2. Judgment not stayed by appeal. - Any judgment directing the performance of acts for the protection, preservation or rehabilitation of the environment shall be executory pending appeal unless restrained by the appellate court.

Section 3. Permanent EPO; writ of continuing mandamus. - In the judgment, the court may convert the TEPO to a permanent EPO or issue a writ of continuing mandamus directing the performance of acts which shall be effective until the judgment is fully satisfied.

The court may, by itself or through the appropriate government agency, monitor the execution of the judgment and require the party concerned to submit written reports on a quarterly basis or sooner as may be necessary, detailing the progress of the execution and satisfaction of the judgment. The other party may, at its option, submit its comments or observations on the execution of the judgment.

Section 4. Monitoring of compliance with judgment and orders of the court by a commissioner. - The court may motu proprio, or upon motion of the prevailing 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 progress reports on a quarterly basis or more frequently when necessary.

Section 5. Return of writ of execution. - The process of execution shall terminate upon a sufficient showing that the decision or order has been implemented to the satisfaction of the court in accordance with Section 14, Rule 39 of the Rules of Court.

RULE 6STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

Section 1. Strategic lawsuit against public participation (SLAPP). - A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution 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 treated 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 assertion of environmental rights, the defendant may file an answer interposing as a defense that the case is a SLAPP and shall be supported by documents, affidavits, papers and other evidence; and, by way of counterclaim, pray for damages, attorney’s fees and costs of suit.

The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a SLAPP, attaching evidence in support thereof, within a non-extendible period of five (5) days from receipt of notice that an answer has been filed.

The defense of a SLAPP shall be set for hearing 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 summary in nature. The parties must submit all available evidence in support of their respective positions. The party seeking the dismissal of the case must prove by substantial evidence that his act for the enforcement of environmental law is a legitimate action for the protection, preservation and rehabilitation of the environment. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP and is a valid claim.

Section 4. Resolution of the defense of a SLAPP. - The affirmative defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing. If the court dismisses the action, the court may award damages, attorney’s fees and costs of suit under a counterclaim if such has been filed. The dismissal shall be with prejudice.

If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing shall be treated as evidence of the parties on the merits of the case. The action shall proceed in accordance with the Rules of Court.

PART IIISPECIAL CIVIL ACTIONS

RULE 7 WRIT OF KALIKASAN

Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

Section 2. Contents of the petition. - The verified petition shall contain the following:

(a) The personal circumstances of the petitioner; (b) The name and personal circumstances of the respondent or if the name and personal circumstances are unknown and uncertain, the respondent may be described by an assumed appellation; (c) The environmental law, rule or regulation violated or threatened to be violated, the act or omission complained of, and the environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. (d) All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, scientific or other expert studies, and if possible, object evidence; (e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency, and no such other action or claim is pending therein; (2) if there is such other pending action or claim, a complete statement of its present status; (3) if petitioner should learn that the same or similar action or claim has been filed or is pending, petitioner shall report to the court that fact within five (5) days therefrom; and (f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any of the stations of the Court of Appeals.

Section 4. No docket fees. - The petitioner shall be exempt from the payment of docket

fees.

Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the petition, if the petition is sufficient in form and substance, the court shall give an order: (a) issuing the writ; and (b) requiring the respondent to file a verified return as provided in Section 8 of this Rule. The clerk of court shall forthwith issue the writ under the seal of the court including the issuance of a cease and desist order and other temporary reliefs effective until further order.

Section 6. How the writ is served. - The writ shall be served upon the respondent by a court officer or any person deputized by the court, who shall retain a copy on which to make a return of service. In case the writ cannot be served personally, the rule on substituted service shall apply.

Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly delays or refuses to issue the writ after its allowance or a court officer or deputized person who unduly delays or refuses to serve the same shall be punished by the court for contempt without prejudice to other civil, criminal or administrative actions.

Section 8. Return of respondent; contents. - Within a non-extendible period of ten (10) days after service of the writ, the respondent shall file a verified return which shall contain all defenses to show that respondent did not violate or threaten to violate, or allow the violation of any environmental law, rule or regulation or commit any act resulting to environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

All defenses not raised in the return shall be deemed waived.

The return shall include affidavits of witnesses, documentary evidence, scientific or other expert studies, and if possible, object evidence, in support of the defense of the respondent.

A general denial of allegations in the petition shall be considered as an admission thereof.

Section 9. Prohibited pleadings and motions. - The following pleadings and motions are prohibited:

(a) Motion to dismiss; (b) Motion for extension of time to file return; (c) Motion for postponement; (d) Motion for a bill of particulars; (e) Counterclaim or cross-claim; (f) Third-party complaint; (g) Reply; and (h) Motion to declare respondent in default.

Section 10. Effect of failure to file return. - In case the respondent fails to file a return, the court shall proceed to hear the petition ex parte.

Concept Derived From Jurisprudence

Pre-trial is primarily intended to make certain that all issues necessary to the disposition of a case are properly raised. To eliminate the element of surprise during actual trial, parties are expected to disclose at the pre-trial conference all issues of law and fact that they intend to raise at the trial. However, in cases in which the issue may involve privileged or impeaching matters, or if the issues are impliedly included therein or may be inferable therefrom by necessary implication as integral parts of the pre-trial order, then the general rule does not apply. A pre-trial order is not meant to be a detailed catalogue of each and every issue that is to be or may be taken up during the trial. (LCK Industries v. Planters Development Bank, G.R. No. 170606, 2007)

When plea bargaining fails

Adopt the minutes of preliminary conference as part of the pre-trial proceedings, confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents and list object and testimonial evidence. (I-B[6a], A.M. No. 03-1-09-SC)

PRE-TRIAL ORDER

Issued within 10 days after termination of pre-trial conference (A.M. No. 03-1-09-SC, Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of DepositionDiscovery Measures as cited in Alviola v. Avelino, A.M. No. MTJ-P-08-1697, 2008)

Sets forth:

• Actions taken during the pre-trial conference
• Facts stipulated
• Admissions made
• Evidence marked
• Witnesses to be presented
• Schedule of the trial

Note: Nos. 4-6 are added by A.M. No. 03-1-09-SC, to the requirements under Sec. 4, Rule 118

Pre-trial order is not necessary to make pre-trial stipulations binding. The court’s approval, mentioned in the last sentence of Sec. 2, Rule 118, is not needed to make the stipulations binding on the parties. Such approval is necessary merely to emphasize the supervision by the court over the case and to enable it to control the flow of the proceedings. (Bayas v. Sandiganbayan, G.R No. 143689-91, 2002)

The trial court may properly deny defense counsel’s motion for substitution of witnesses since Section 4, Rule 118 of the Revised Rules on Criminal Procedure mandates that the matters agreed upon in the pretrial conference and as stated in the pre-trial order shall bind the parties. (People v. Guzman, G.R. No. 169246, 2007)

Pre-trial in Civil and Criminal Cases

OTHER MATTERS (not included in the coverage)

CONSOLIDATED AND REVISED GUIDELINES TO IMPLEMENT THE EXPANDED COVERAGE OF COURT-ANNEXED MEDIATION (CAM) AND JUDICIAL DISPUTE RESOLUTION (JDR) (A.M. No. 11-1-6-SC)

Court Annexed Mediation is a mediation presided over by an accredited mediator (Sec. 1.2)

Judicial Dispute Resolution is a mediation presided over by the judge (Sec. 1.2)

Mediation and conciliation at the level of the judge would contribute significantly to the:

• Satisfaction of litigants
• Help decongest the dockets of the judiciary
• Expedite the resolution of cases

Updated: Unlisted evidence is generally waived in criminal pre-trial, but the court may relax the pre-trial rules for good cause. People v. Lariosa, G.R. No. 273684, 26 November 2025.

Pre-Trial Order

The order of the court is issued upon the termination of the pre-trial.

DISTINCTION BETWEEN PRE-TRIAL IN A CIVIL CASE AND PRE-TRIAL IN A CRIMINAL CASE

Updated: Parties must list their evidence before criminal pre-trial or generally waive unlisted evidence, although the rule may be relaxed for good cause (People v. Lariosa, G.R. No. 273684, 26 November 2025).

Conduct of Pre-Trial

• Absence of parties – The Court shall proceed with pre-trial even in the absence of the accused or the private complainant, provided they were duly notified, as long as counsel for the accused and the public prosecutor are present.
• Stipulations – Proposals for stipulations shall be done with the active participation of the Court and not left alone to the counsels.
• Marking of evidence – The documentary evidence of the prosecution and the accused shall be marked.
• Pre-trial Order – The pre-trial Order shall immediately be served upon the parties and counsel on the same day after termination of Pre-Trial.
• Compliance with Rules – Courts must strictly comply with the Guidelines to be observed in the Conduct of Pre-Trial under A.M. No. 03-1- 09-SC.

Updated: Evidence not listed before criminal pre-trial is generally waived, although the pre-trial rules may be relaxed for good cause (People v. Lariosa, G.R. No. 273684, 26 November 2025).