JUDGES- Reminders for FTF Trial
REMINDERS FOR FACE-TO-FACE TRIAL
1. JUDGES
The Judge may instruct the parties/counsels /witnesses that:
1.1 Terms of Reference
1.1.1. The basis of the trial will be the TORthe TOR controls
the scope of trial.[endnoteRef:1] [1: Sec. 22.4. ]
1.1.2. Only disputed facts in the TOR will be considered by the
Judge during trial.[endnoteRef:2] [2: Sec. 24.4 (a). ]
1.2 Order of Trial
1.2.1. Trial of the Issues and not Plaintiffs or Defendants
entire case. 1.2.2. State the issue/s and related issue/s and list
the schedule of the issue/s and related issue/s to be
tried.[endnoteRef:3] [3: Sec. 22.9 (d)(1)(3). ]
1.2.3. List the schedule of the witness/es who will appear for
each issue or related issue/s.[endnoteRef:4] [4: Sec. 22.9(d) (2).
]
1.2.4. Determine the need to refer certain issue/s or related
issue/s to trial by commissioners.[endnoteRef:5] [5: Sec. 22.9(d)
(5).]
1.2.5. List the witness/es who are exempt from Face-to-Face
Trial and will be examined separately.[endnoteRef:6] [6: Sec.
22.9(d) (4).]
1.3 Face-to-Face Trial
1.3.1 1st Phase 1.3.1.1 Only the Judge is allowed to examine the
witness/es regarding the issue/s or related issue/s at hand, in no
particular sequence, and may also direct its questions to one or
more witness/es from contending sides.[endnoteRef:7] [7: Sec.
24.7(a).]
1.3.2 2nd Phase1.3.2.1 Counsels from contending sides are
allowed to cross-examine, re-direct, re-cross the witness/es based
on their judicial affidavits, the attached exhibits, the answers
the witness/es gave during the Judges examination during the 1st
Phase, or their testimonies.[endnoteRef:8] [8: Sec. 24.7(g).]
1.3.2.2 The Judge will order whose witness goes first. 1.3.2.3
The Judge can intervene at any time.[endnoteRef:9] [9: Sec.
24.7(g).]
1.3.2.4 The reception of evidence for the next issue or related
issues may be scheduled in another setting in accordance with the
Order of Trial.[endnoteRef:10] [10: Sec. 24.7(i).]
1.4. Ground Rules
1.4.1. General Guidelines
1.4.1.1. Only one person at a time can speak (One Mouth
Rule).[endnoteRef:11] [11: Sec. 24.6(c).]
1.4.1.2. All persons should observe courtesy. 1.4.1.3. Address
all questions/answers to the Judge and not to the other party,
counsel or witness.[endnoteRef:12] [12: Sec. 24.6(d).]
1.4.1.4. Any party, counsel or witness who wishes to speak must
raise his hand and wait for the Judges permission before
speaking.1.4.1.5. A party, counsel or witness who is allowed to
speak should always state his name, e.g. Atty. Santos, Mr. Reyes,
etc., before speaking so the stenographer will accurately identify
the person speaking.1.4.1.6. Only a party, counsel or witness who
has been allowed and recognized by the court can
speak.[endnoteRef:13] [13: Sec. 24.6(c)]
1.4.1.7. Do not interrupt any person speaking. Parties will be
given equal time and opportunity to answer/reply to a statement
made by a party, counsel or witness.[endnoteRef:14] The
counsels/parties are assured by the Judge that their position will
be heard. [14: Sec. 24.6(e)]
1.4.1.8. The Judge shall inform the parties, counsels and
witnesses that the proceeding will be a balanced inquiry. 1.4.1.9.
The Judge will inform counsels that they will be given an equal and
reasonable opportunity to cross-examine, re-direct and re-cross the
witness/es.[endnoteRef:15] [15: Sec. 24.6(e) and Sec. 24.7(c).
]
1.4.1.10. The stenographer will record in the TSN only the
statements of the party, counsel or witness allowed to speak and
any interruptions not allowed by the Judge will not be recorded.
1.4.1.11. Any person who keeps interrupting the proceeding/hearing
may be cited for contempt and/or sent out of the
courtroom.1.4.1.12. The Judge will initiate the inquiry into each
factual issue strictly in the sequence provided in the Order of
Trial although such inquiry may cover two or more closely related
issues.[endnoteRef:16] [16: Sec. 24.4 (a). ]
1.4.1.13. To the extent possible, the Judge will not allow a
debate on legal arguments/issues during the hearing/proceeding. He
will primarily focus on factual determination. The Judge will allow
the parties to fully discuss legal arguments in their respective
memoranda.
1.4.2. 1st Phase
1.4.2.1. A Judge may address his/her questions to a party,
counsel or witness (the other witness/es of the same side may
supplement, clarify or qualify the answer of the first party,
counsel or witness). Witness/es of opposing sides will be given
equal time and opportunity to answer/rebut properly.[endnoteRef:17]
[17: Sec. 24.7(a)(b)(c). ]
1.4.2.2. The Judge will ensure balanced and equal treatment by
giving both parties equal time (objective standard) to
answer/respond, e.g, 5 minutes for the plaintiff, 5 minutes for the
defendant, 2 minutes for the plaintiff to reply, 2 minutes for the
defendant to rebut.[endnoteRef:18] [18: Sec. 24.6(e) and Sec.
24.7(c).]
1.4.2.3. Counsel may take exception to the questions asked by
the Judge during his examination of the witness. However, counsel
must wait after the Judge has finished his/her question. Counsel
must raise his hand and be recognized by the Judge before taking
exception. Counsels exception shall simply state the legal grounds
for the exception with no further explanation unless the Judge will
order him/her otherwise.[endnoteRef:19] [19: Sec. 24.8. ]
1.4.2.4. The Judge will allow counsels to take exceptions to
questions and/or move to strike out answers already given during
the Judges examination of the witness: a. If the exception is to
formthe Judge may take note or the rephrase the question and/or
strike out the answer; b. If the exception is to substancethe Judge
shall promptly rule on such actions and/or strike out answers
already givenc. If the exception is to admissibilitythe Judge may
simply take note of the exceptions and consider the same when
deciding the case.[endnoteRef:20] [20: Sec. 24.8 (a)(b)(c). ]
* Remind Lawyers: Judge knows how to apply the Rules on
admissibility and giving due weight to the evidence. It is enough
to point out the objection and the Judge will know how to
appreciate the evidence/statement. 1.4.2.5. The Judge may allow the
witnesses from contending sides to continue their divergent
exchange if new facts or new arguments are introduced and the
testimonies have not become repetitive.[endnoteRef:21] [21: Sec.
24.7(d).]
1.4.2.6. The Judge may, before moving from one issue to the next
issue, may summarize the respective positions of the parties and
then move to the next issue or related issues. [endnoteRef:22] [22:
Sec. 24.7(f).]
1.4.2.7. Witnesses will not be allowed to pose questions to
other witnesses (except for expert witnesses allowed by the Judge
to pose questions to other expert witnesses).[endnoteRef:23] [23:
Sec. 24.6(e) and Sec. 24.11. ]
1.4.3. 2nd Phase
1.4.3.1. Counsels will be given an equal and reasonable
opportunity to cross-examine, re-direct and re-cross the
witness/es.[endnoteRef:24] [24: Sec. 24.6(e) and Sec. 24.7(g).]
1.4.3.2. The order of examination will be plaintiffs counsel
first, then the defendants counsel after. 1.4.3.3. Where there are
multiple parties involved, the Judge will fix the order of cross,
re-direct and re-cross examination of the counsels
involved.[endnoteRef:25] [25: Sec. 24.7(h).]
1.4.3.4. The Judge can intervene at any time.[endnoteRef:26]
[26: Sec. 24.7(g).]
1.4.3.5. Counsel may object to the questions asked by the
opposing counsel during his examination of the witness. However,
counsel must raise his hand and be recognized by the Judge before
making the objection. Counsels objection shall simply state the
legal grounds for the exception with no further explanation unless
the Judge will order him/her otherwise.[endnoteRef:27] [27: Sec.
24.9(a)(b)(c)(d). ]
1.4.3.6. The Judge will allow counsels to object to questions
and/or move to strike out answers already given during opposing
counsels examination of the witness: a. If the objection is to
formthe Judge may take note or order counsel to rephrase the
question and/or strike out the answer;b. If objection is to
substancethe Judge shall promptly rule on such actions and/or
strike out the answer; c. If the objection is to admissibilitythe
Judge may simply take note of the objection/s and consider the same
when deciding the case.[endnoteRef:28] [28: Sec. 24.9(c) and Sec.
24.8 (a)(b)(c). ]
* Remind Lawyers: Judge knows how to apply the Rules on
admissibility and giving due weight to the evidence. It is enough
to point out the objection and the Judge will know how to
appreciate the evidence/statement.
1.5. Internal Guidelines for the Judge (need not be publicly
announced)
1.5.1. To the extent possible, questions will be asked
alternately on points which are favorable to a party. 1.5.2. Use
name plates for the parties, counsels, witness/es. 1.5.3. The Judge
should read the pleadings/affidavits and prepare a list of
questions based on the disputed facts. (Judge can tick-off
questions from his list when answered).
