I. Nature and Purpose of Pre-Trial A. Nature

I.
NATURE AND PURPOSE OF PRE-TRIAL

A. NATURE
The nature of Pre-trial is mandatory in all courts, and a court that fails to
conduct a pre-trial commits a grave abuse of discretion that is correctible
by certiorari, unless there is an implied waiver on the part of both parties
as when they proceeded to trial without the mandatory pre-trial. The
decision rendered thereafter maybe valid, but the judge that rendered
such decision may be subject to disciplinary action.
While the pre-trial is mandatory, it is not jurisdictional in the absence
thereof would sweep away the whole proceedings as a complete nullity for
the simple reason that jurisdictional matters are substantive in nature and
cannot be the subject matter of the Rules of Court but of legislation.
It is also worth noting that a proceedings held ex parte because one of the
parties have been declared in default should not be set aside to pave way
for another pre-trial when such declaration of the other party being in
default be likewise set aside. The resolution of whether or not another pretrial should again be scheduled is left to the sound discretion of the court.
Pre-trial is primarily intended to make certain that all issues necessary to
the disposition of a case are properly raised. Thus, to obviate the element
of surprise, parties are expected to disclose at a pre-trial conference all
issues of law and fact which they intend to raise at the trial, except such
as may involve privileged or impeaching matters. The determination of
issues at a pre-trial conference bars the consideration of other questions
on appeal.
The right to pre-trial may be lost by waiver if it is not seasonably invoked.
This is implicit from the use of the word may is Sec. 2 of Rule 20 for a
non-suit or default which requires the use of judicial discretion.
It is believed that, the amendment of a pleading after pre-trial may
authorize another or supplemental pre-trial, because the rules do not
prohibit so. However, the Supreme Court ruled in one case that the fact
that an amended complaint with leave of court was later filed did not
necessitate another pre-trial. It would have been impractical, useless and
time-consuming to call for another one.
And where the parties executed a Compromise Agreement but did not
directly present it to the court before or during the pre-trial, nor even
inform the court about such, pre-trial under Rule 18 of the Rules of Court
should be conducted and failure of a party to appear thereat despite
notice may be declared as in default.
B. PURPOSE
To consider, under Sec. 2 Rule 18 of the Rules of Court the following are
the purposes of a pre-trial.
II.
Possibility of an amicable settlement or of a submission to

alternative modes of dispute resolution;
Simplification of the issues;
Necessity/desirability of amendments to the pleadings;
Possibility of obtaining stipulations or admissions of facts and of
documents to avoid unnecessary proof;
Limitation of the number of witnesses;
Advisability of a preliminary reference of issues to a commissioner;
Propriety of rendering judgment on the pleadings, or summary
judgment, or of dismissing the action should a valid ground therefor
be found to exist;
Advisability/necessity of suspending the proceedings; and
Other matters that may aid in the prompt disposition of the action.
PREPARING TO SET CASE FOR PRE-TRIAL

A. FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER
PAPERS
Under Sec. 2 Rule 13 of the Rules of Court Service and Filing are
defined as
Filing is the act of presenting the pleading or other paper to the clerk of
court. While Service is the act of providing a party or his counsel with a
copy of the pleading or paper concerned.
The manner of filing pleadings, appearances, motions, notices, orders,

judgments and all other papers shall be made by personally presenting
the original to the clerk of court. The pleading is deemed filed upon the
receipt of the same by the clerk of court who shall endorse on it the date
and hour of filing. Another manner of filing is through registered mail
and should be through the registry service. The pleading is deemed filed
on the date it was deposited with the post office.
The papers required to be filed and served under Sec. 4 Rule 13 of the
1997 Rules of Civil Procedure are Pleading subsequent to the complaint;
Appearance; Written Motion; Notice; Order; Judgment; Demand; Offer of
Judgment; Resolution; and Similar papers.
Where a party appears by counsel in an action or proceeding in a court
of record, all notices thereafter required to be given in the action or
proceeding must be given to counsel and not to the client; and a notice
given to the client and not to the counsel is not a notice in law and any
proceedings taken against the counsel at the hearing of which he was
not notified does not bind him nor his client.
There are different modes of service under Rules 13 of the Rules of
Court, the first is Personal service where the copy of the papers and
documents are delivered personally to the party or his counsel or
Leaving a copy in counsel's office with his clerk or with a person having
charge thereof or If no person is found in his office, or if his office is
unknown, or if he has no office Leaving the copy between 8am and
6pm at the party's or counsel's residence (if known) with a person of
sufficient age and discretion then residing therein.
Second mode is Service by registered mail or by depositing the copy in
the office, in a sealed envelope, plainly addressed to the party or his
counsel at his office or at his residence (if known), with postage fully
pre-paid, and with instructions to the postmaster to return the mail to
the sender after 10 days if undelivered. If no registry service is available
in the locality of either sender or addressee, service may be done by
ordinary mail.
And lastly, by delivering the copy to the clerk of court, with proof of
failure of both personal service and service by mail or also known as
Substituted service.
The Modes of services are deemed completed as follows Personal

service is deemed complete upon actual delivery under Sec. 10 Rule 13,
Service by registered mail is complete upon actual receipt by the
addressee or after 5 days from the date he received the first notice of
the postmaster, whichever date is earlier. Service by ordinary mail is
complete upon the expiration of 10 days after mailing, unless the court
otherwise provides. Substituted service is complete at the time of
delivery of the copy to the clerk of court together with the proof of
failure of both personal service and service by mail.
B. SUMMONS
Summons has been defined as a coercive force issued by the court to
acquire jurisdiction over the person of the defendant. Its purpose is to
acquire jurisdiction over the person of the defendant in a civil case; and to
give notice to the defendant that an action has been commenced against
him. The issuance of summons commences upon the filing of the
complaint and the payment of legal fees, the clerk of court.
The contents of the summons must be directed to the defendant, signed
by the clerk of the court under seal, and contain (1) Name of the court and
names of the parties; (2) Direction that the defendant answer within the
time fixed; (3) Notice that unless the defendant so answers, plaintiff will
take judgment by default and may be granted the relief applied for.
A copy of the complaint and order for appointment of guardian ad litem (if
any) shall be attached to the original and each copy of the summons. Note
that jurisdiction over person of defendant may also be acquired through
voluntary appearance.
Voluntary Appearance of a defendant in an action shall be equivalent to

service of summons except when such appearance is a special
appearance to file a motion to dismiss on the ground of lack of
jurisdiction. The summons are served by the sheriff or his deputy; other
proper court officers; and for justifiable reasons, any suitable person
authorized by the court issuing the summons. Officer having management
of a jail or institution deputized as special sheriff when defendant is a
prisoner.
When the service has been completed, the server shall, within 5 days
therefrom, serve a copy of the return (personally or by registered mail) to
the plaintiff's counsel, and shall return the summons to the clerk who
issued it, accompanied by proof of service.
Like service of pleadings and documents, there are also different modes of
serving summons. Personal service or service in the person of the
defendant is done by by handing a copy of summons to him; by tendering
it to him, if he refuses to receive and sign for it.
Substituted service on the other hand to be valid must establish in its

proof of service the Impossibility of the personal service of summons
within a reasonable time and efforts made to find the defendant
personally and the fact that such efforts failed and is done by leaving copy
of summons either: with some person of suitable age and discretion then
residing in the defendants residence; with some competent person in
charge of the defendants office or regular place of business.
Constructive service by publication requires that the action must be in
rem or quasi in rem and the Defendant's identity or whereabouts are
unknown and cannot be ascertained by diligent inquiry; the same must be
with leave of court.
Extra-territorial service is allowed when Defendant does not reside or is
not found in the Philippines; Action either: Affects the plaintiffs personal
status; Relates to or the subject matter of which is property within the
Philippines in which defendant has a lien/interest; Demands a relief which
consists wholly/partially in excluding the defendant from any interest in
any property within the Philippines; Has defendants property in the
Philippines, attached.
Service upon prisoners are made upon the officer having management of
the jail or prison. While service upon minors and incompetents are made
upon the minor/incompetent and on his legal guardian. If there is no
guardian, plaintiff may apply for the appointment of a guardian ad litem. If

minor, may serve on his parents.
Proof of Service is when service has been completed, the server shall
serve a copy of the return within 5 days (personally or by registered mail)
to the plaintiff's counsel, and shall return the summons to the clerk who
issued it, accompanied with the proof of service.
REPORT
IN
PRACTICE
COURT I
Submitted By: Cortez, Ralph Anthony S. LLB 3-1

I. Nature and Purpose of Pre-Trial A. Nature

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I. Nature and Purpose of Pre-Trial A. Nature

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I.

NATURE AND PURPOSE OF PRE-TRIAL

Possibility of an amicable settlement or of a submission to

PREPARING TO SET CASE FOR PRE-TRIAL

The manner of filing pleadings, appearances, motions, notices, orders,

The Modes of services are deemed completed as follows Personal

Voluntary Appearance of a defendant in an action shall be equivalent to

Substituted service on the other hand to be valid must establish in its

guardian, plaintiff may apply for the appointment of a guardian ad litem. If

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