Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure
K. Calendar of Cases (Rule 20)
Calendar of Cases (Rule 20)
Concept
Rule 20 concerns the court’s calendar of cases and the assignment of cases among its branches. The calendar is kept by the clerk of court under the judge’s direct supervision. Assignment to a branch is a separate step governed by the rule on raffle. (Rule 20, Sec. 1, Rules of Court)1 (Rule 20, Sec. 2, Rules of Court)2
Governing provisions
Rule 20, Section 1 identifies the cases to be placed on the calendar and those entitled to preference. Section 2 prescribes how cases are assigned to the different branches of a court. Rule 30, Section 1 supplies the notice requirement once a case is entered in the trial calendar. (Rule 20, Sec. 1, Rules of Court)1 (Rule 20, Sec. 2, Rules of Court)2 (Rule 30, Sec. 1, Rules of Court)3
Requisites / Rules
- The clerk of court must keep the calendar under the direct supervision of the judge. It covers cases for pre-trial, cases for trial, cases whose trials were adjourned or postponed, and cases with motions to set for hearing. (Rule 20, Sec. 1, Rules of Court)1
- Preference must be given to habeas corpus cases, election cases, special civil actions, and cases for which preference is required by law. (Rule 20, Sec. 1, Rules of Court)1
- Cases must be assigned to the different branches of a court exclusively by raffle. The raffle must take place in open session, with adequate notice so that interested parties have the opportunity to be present. (Rule 20, Sec. 2, Rules of Court)2
- Upon entry of a case in the trial calendar, the clerk must notify the parties of the trial date in a manner that ensures receipt of the notice at least five days before that date. (Rule 30, Sec. 1, Rules of Court)3
Distinctions
Keeping a calendar is not the same as assigning a case to a branch. The former identifies cases according to their setting or status; the latter determines branch assignment exclusively through raffle. The trial-notice rule applies upon entry in the trial calendar and concerns notice to the parties of the trial date, not notice of the raffle to interested parties. (Rule 20, Sec. 1, Rules of Court)1 (Rule 20, Sec. 2, Rules of Court)2 (Rule 30, Sec. 1, Rules of Court)3
Key doctrines
For branch assignment, the rule is exclusive raffle in open session, coupled with adequate notice and an opportunity for interested parties to be present. For trial setting, the stated five-day period is measured by the parties’ receipt of notice before the trial date. (Rule 20, Sec. 2, Rules of Court)2 (Rule 30, Sec. 1, Rules of Court)3
Exceptions
Rule 20, Section 1 expressly recognizes calendar preference for the specified categories and for cases so required by law. The supplied provisions state no alternative method of assigning cases to branches in place of raffle. (Rule 20, Sec. 1, Rules of Court)1 (Rule 20, Sec. 2, Rules of Court)2
Bar tip
Keep three acts distinct: the clerk keeps the calendar under the judge’s supervision; branch assignment is by raffle; and entry in the trial calendar triggers notice of the trial date at least five days before trial. (Rule 20, Sec. 1, Rules of Court)1 (Rule 20, Sec. 2, Rules of Court)2 (Rule 30, Sec. 1, Rules of Court)3
Authorities
- Rule 20, Sec. 1, Rules of Court
- Rule 20, Sec. 2, Rules of Court
- Rule 30, Sec. 1, Rules of Court