This is a summary/discussion of Rule 30 (“Trial”) under the  2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. The most significant addition under the 2019 Amendments pertains to the specific time frames for the entire trial, as well as the presentation of evidence of each party. [The summary/discussion of other Rules may be tracked through the Menu.]

I. SCHEDULE OF TRIAL

The parties shall strictly observe the scheduled hearings as agreed upon and set forth in the pre-trial order. 

Schedule of trial dates

The schedule of the trial dates, for both plaintiff and defendant, shall be continuous and within the following periods: 

• i. The initial presentation of plaintiff’s evidence shall be set not later than 30 calendar days after the termination of the pre-trial conference. Plaintiff shall be allowed to present its evidence within a period of 3 months or 90 calendar days which shall include the date of the judicial dispute resolution, if necessary.

• ii. The initial presentation of defendant’s evidence shall be set not later than 30 calendar days after the court’s ruling on plaintiff’s formal offer of evidence. The defendant shall be allowed to present its evidence within a period of 3 months or 90 calendar days; 

• iii. The period for the presentation of evidence on the third (fourth, etc.) -party claim, counterclaim or cross-claim shall be determined by the court, the total of which shall in no case exceed 90 calendar days; and 

• iv. If deemed necessary, the court shall set the presentation of the parties’ respective rebuttal evidence, which shall be completed within a period of 30 calendar days. 

Shortened trial dates

The trial dates may be shortened depending on the number of witnesses to be presented. The presentation of evidence of all parties shall be terminated:

• within a period of 6 months or 180 calendar days, if there are no third (fourth, etc.)-party claim, counterclaim or cross-claim.

• within a period of 10 months or 300 calendar days, if there are third (fourth, etc.)-party claim, counterclaim or cross-claim.

Period to decide

The court shall decide and serve copies of its decision to the parties within a period not exceeding 90 calendar days from the submission of the case for resolution, with or without memoranda.

II. POSTPONEMENTS

The language of Section 2, on adjournments and postponements, has been retained, but with the additional provision that the “party who caused the postponement is warned that the presentation of its evidence must still be terminated on the remaining dates previously agreed upon”. The use of the phrase “is warned” (as opposed to “shall be warned” is significant because the warning is given in advance, during the pre-trial conference. 

III. HEARING DAYS AND CALENDAR CALL

Section 4, on hearing days and calendar call, is a new provision under the 2019 Amendments. 

Trial shall be held from Monday to Thursday, and courts shall call the cases at exactly 8:30 a.m. and 2:00 p.m., pursuant to Administrative Circular No. 3-99. Hearing on motions shall be held on Fridays, pursuant to Section 8, Rule 15. 

All courts shall ensure the posting of their court calendars outside their courtrooms at least 1 day before the scheduled hearings, pursuant to OCA Circular No. 250-2015.

IV. ORAL OFFER OF EXHIBITS

A new provision, on oral offer of exhibits, has been added in the 2019 Amendments. Section 6 provides that the offer of evidence, the comment or objection thereto, and the court ruling shall be made orally in accordance with Sections 34 to 40 of Rule 132. [This provision merely states how the orally offer shall be made, but there seems to be clear prohibition on a written offer of evidence, especially involving voluminous documents.]

V. OTHER CHANGES

On the suspension of actions, the 2019 Amendments provides that in addition to the provisions of the Civil Code, other laws also govern the suspension of actions. 

Section 9, on the requirement that judges shall personally receive evidence but with certain exceptions, remains the same, but with the clarification that the 10-day period for the submission of the clerk of court’s report refers to calendar days. 

VI. NO CHANGES AND DELETED SECTIONS

The old Section 3 under the 1997 Rules, providing for the requisites of motion to postpone trial for absence of evidence, was deleted. A motion for postponement is generally a prohibited motion (see Rules on Motions). As provided in the rules governing the pre-trial conference, evidence must be marked during the pre-trial conference and evidence not so marked is not allowed during the trial, and postponement of presentation of the parties’ witnesses at a scheduled date is generally prohibited (link words see Pre-Trial Conference). 

Section 3 (renumbered as Section 4), on postponement by reason of illness of party or counsel. A motion to postpone a trial on the ground of illness of a party or counsel may be granted if it appears upon affidavit or sworn certification that the presence of such party or counsel at the trial is indispensable and that the character of his or her illness is such as to render his or her non-attendance excusable. 

The order of trial remains the same, as provided in Section 5 of both the 2019 Amendments and the old 1997 Rules. 

The provisions on “agreed statement of facts” remain the same (Section 6 in the 1997 Rules, renumbered as Section 7 under the 2019 Amendments).

The old Section 7 in the 1997 Rules, on the statement of judge, as deleted.