Amendment to the Guidelines for the Implementation of an Enhanced Pre-trial Proceeding
On June 15, 2004, the Philippine Supreme Court approved amendments to the guidelines for Enhanced Pre-Trial Proceedings, particularly concerning the Procedure and Need for a Pairing System. The judicial process is now divided into two stages: the pre-trial stage, overseen by the assigned judge, and the trial stage, presided over by a pairing judge. If a pairing judge is unavailable, a second raffle will determine the trial judge. The pre-trial judge must ensure that parties submit a pre-trial brief, including undisputed facts and proposed issues, and facilitate mediation. If mediation fails, the case will be referred to the pairing judge for trial, promoting a more open environment for settlement discussions.
Quick Answers
- What is Amendment to the Guidelines for the Implementation of an Enhanced Pre-trial Proceeding about?
- On June 15, 2004, the Philippine Supreme Court approved amendments to the guidelines for Enhanced Pre-Trial Proceedings, particularly concerning the Procedure and Need for a Pairing System. The judicial process is now divided into two stages: the pre-trial stage, overseen by the assigned judge, and the trial stage, presided over by a pairing judge. If a pairing judge is unavailable, a second raffle will determine the trial judge. The pre-trial judge must ensure that parties submit a pre-trial brief, including undisputed facts and proposed issues, and facilitate mediation. If mediation fails, the case will be referred to the pairing judge for trial, promoting a more open environment for settlement discussions.
- What type of law is <--!06152004-->A.M. No. 04-1-12-SC?
- Amendment to the Guidelines for the Implementation of an Enhanced Pre-trial Proceeding (<--!06152004-->A.M. No. 04-1-12-SC) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Amendment to the Guidelines for the Implementation of an Enhanced Pre-trial Proceeding enacted?
- Amendment to the Guidelines for the Implementation of an Enhanced Pre-trial Proceeding (<--!06152004-->A.M. No. 04-1-12-SC) was enacted on Jun 15, 2004.
- What is the citation for Amendment to the Guidelines for the Implementation of an Enhanced Pre-trial Proceeding?
- Amendment to the Guidelines for the Implementation of an Enhanced Pre-trial Proceeding, <--!06152004-->A.M. No. 04-1-12-SC, Jun 15, 2004 (Philippines)
Law Information
- Reference Number
- <--!06152004-->A.M. No. 04-1-12-SC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Resolutions
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 15, 2004
EN BANC
A.M. No. 04-1-12-SC
RE: AMENDMENT TO THE GUIDELINES FOR THE IMPLEMENTATION OF AN ENHANCED PRE-TRIAL PROCEEDING THROUGH CONCILIATION AND NEUTRAL EVALUATION
RESOLUTION
The Court Resolved to APPROVE the proposed amendment of the Guidelines for the Implementation of an Enhanced Pre-Trial Proceeding through Conciliation and Neutral Evaluation, particularly item III thereof on Procedure and Need for Pairing System, thus: [Amendment Underlined.]
III. Procedure and Need for Pairing System
Under the above concepts, judicial proceedings are divided into two stages — (1) from the filing of a complaint to the pre-trial stage (pre-mediation and post mediation stages), and (2) trial and judgment stage. The judge to whom the case has been raffled presides over the pre-trial stage and the pairing judge presides over the trial stage. The pairing system shall be as provided for in existing Court Orders/Circulars.
In situations where there is no pairing judge due to inhibitions, retirement, vacancy or any other cause, the trial judge shall be determined by a second raffle among the judges excluding the pre-trial judge. In these instances, the pre-trial judges shall, upon termination of pre-trial, immediately forward the records to the Office of the Clerk of Court for second raffle under existing procedures, within seventy-two hours from receipt of such records. aIAHcE
The judge presiding over the first stage (pre-trial judge) shall observe Section 2 (a) of Rule 18 of the Rules of Court. In issuing an order to file pre-trial brief he shall also require a statement of undisputed facts, the proposed issues for resolution, and a synopsis of the law and jurisprudence relied upon, and, in cases covered under Section IV herein below, order the parties to appear for mediation at the PMC for mediation proceedings. If mediation fails and the case is referred back to the pre-trial judge, he shall act as a conciliator, neutral evaluator, mediator, as explained above.
If settlement is still not reached, a pre-trial order shall be issued to include a referral of the case to the pairing judge for trial (trial judge). It is believed that the parties will be freer and more spontaneous once they are assured that the conciliator judge/neutral evaluator will not be the one to try the case.
Vitug and Corona, JJ., on official leave. Ynares-Santiago, J., on leave.
Cite This Law
Amendment to the Guidelines for the Implementation of an Enhanced Pre-trial Proceeding, <--!06152004-->A.M. No. 04-1-12-SC, Jun 15, 2004 (Philippines)
Amendment to the Guidelines for the Implementation of an Enhanced Pre-trial Proceeding, <--!06152004-->A.M. No. 04-1-12-SC (Phil. 2004)
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