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Judge: Have parties agreed to settle?

1. Agreement already in writing submit the agreement to the court
2. Agreement not yet in writing require the parties to prepare agreement in the office of BCC (branch clerk
of court) otherwise submit the agreement within the next 5 days; judge should monitor the submission
The 30 day period prescribed in the Rule on Summary Procedure is deemed suspended during the
mediation period.
Note: In civil cases by the Rule on Summary Procedure, preliminary conference before the BCC is
unnecessary due to the time frames required in the said rule.
However, the judge, at his discretion, may schedule the identification and marking of documents before the
BCC in a preliminary conference.
Such conference shall be scheduled preferable within 3 days before the continuation of the preliminary
conference before the judge.
Before conducting preliminary conference, the judge must:
o Study all pleadings
o Determine issues and positions of parties
o Help reduce and limit factual and legal issues
The judge, with all tact, patience impartiality and due regard to the rights of the parties, shall endeavor to
persuade them to arrive at a settlement of their dispute.
The judge shall fully explain to the parties the nature of the proceedings during the settlement stage and
patiently point out to them its benefits.
o What manner of compromise is acceptable to D given the evidence of P
o What manner of compromise is acceptable to P given the evidence of D
3 steps in the settlement process (informal, not recorded)
o Judge confers with all parties, with their respective counsel.
o Judge confers with each party and his counsel without the other party.
o Judge confers with parties only.
The judge should see to it that the compromise agreement (if settlement is reached) is prepared by the
stenographer and signed by the parties on the same day and that it is submitted to the court.
Should the settlement efforts fail, proceed with Preliminary Conference.
The judge shall inquire if there are cases arising from the same acts before other courts. Identify if such may
be consolidated with the instant case.
Pending case for reconveyance in the RTC cannot be consolidated.
Judge must inquire if pleadings are in order and if there are any amendments.
Inquire if there are interlocutory issues which could warrant the suspension of the instant case. If existing as
of the present case, it should be raised and resolved at that stage so that the parties can concentrate on the
trial. These issues might delay trial as when a petition for certiorari is filed based thereon.
The judge shall immediately resolve the interlocutory matter and issue an order thereon. Judge in the video
ruled that the pending expropriation case on the land has no bearing so motion to suspend the ejectment
case cannot be granted. Issue on expropriation cannot be resolved in an ejectment case. Consolidation
cannot be done because the cases are dissimilar.
Also in Solanda v CA, an ordinance by City Mayor to expropriate cannot abate an illegal detainer suit.

Next steps:
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Adding indispensable parties or dropping unnecesary parties.

Marking of exhibits
Judge shall first determine the stipulations of facts based on the Preliminary Conference briefs filed
by the parties.
Examination of allegations

1 Notes on Pre-Trial
April Guiang, Descendant of the Sun

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The judge can declare if a certain factual allegation is agreed upon by the parties. For easier
reference, he could denominate each stipulation by number.
The judge shall scrutinize exhibits to obtain additional admissions or stipulations. The more the
stipulations, the lesser issues to be tried and resolved.

Stipulations
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Failed to pay from 1996 onwards

Existence and contents of the statement of accounts deemed admitted
Demand letter received by D's husband who gave it to her and the contents of which she subsequently read
Affidavit of messenger admitted
That she was a lessee, subject to claim of ownership.
D aske permission to occupy the land but there was no written contract. Agreed to pay for an indefinite
period of time.
D never questioned ownership of P.
Due execution and genuineness of the receipts on payment plus real property tax receipts for the house only
admitted.
P did not object to the construction of Leonardo's house because of the agreement that D will vacate once P
needs lot
D did not ask permission to build house.

Limitation of factaual issues and legal issues. This may be done by asking the parties if they want to admit such
allegations.
Issues raised by D
o WON P made an objection to the occupancy of the lot- admitted so removed as factual issue
o W there was a lease agreement for an indefinited period of time -- CHECK, retained as factual issue.
o W there was an attempt to evict D from 19four to 2003- admitted so removed as factual issue
o

Judge should ask the proponent of an issue for evidence in support thereof to determine if it is indeed a
genuine issue.
o e.g. affidavit

Legal issues raised by P

o W D may be ejected despite her long occupancy on the premises and the absence of a contract
o W P is entitled to payment of back rentals
o W P is entitled to damages (50K for moral damages; 50K exemp) and atty fees (100K as agreed upon)
o J inquires from the parties the applicable law or jurisprudence to support their claims.
o W court has J of case which is in the nature of an accion publiciana; no personal demand to pay and vacate
o W D can be ejected after having acquired vested possessory right
o W D is entitled to reimbursement for the house
o W can take cognizance despite non comp with KP Law
o

Under the new pretrial guidelines, the parties are compelled to research and closely study their cases as
they are required to present legal and jurisprudential claims.

A case involving a corporation is not covered under KP. So out na yung isang issue.

The judge shall advise the parties to submit their position papers in the form of a memorandum.

2 Notes on Pre-Trial
April Guiang, Descendant of the Sun

The judge shall ensure that the minutes of the preliminary conference accurately reflect the agreements and
stipulations made during the preliminary conference. Said minutes shall be signed by the parties and their
counsel. PC order shall be issued after 10 days from the pretermination of the trial. Judge may opt to dictate
the prelim conference order in open court and with the use of a computer, have the same immediately
finalized and printed and require the parties to sign the same.

3 Notes on Pre-Trial
April Guiang, Descendant of the Sun